Haryana

Kurukshetra

196/2017

Surender Kumar - Complainant(s)

Versus

Bataan Pesticides - Opp.Party(s)

AShok Rana

05 Nov 2018

ORDER

BEFORE THE  DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KURUKSHETRA.

Complaint Case No.196 of 2017.

Date of instt.:19.09.2017.

                                                                       Date of Decision:05.11.2018.

Surender Kumar son of Sh. Kura Ram, resident of Village Dabarthala, Karnal.

                                                                ……….Complainant.                               Versus

1. M/s. Bataan Pesticides & Fertilizer, New Anaj Mandi, 2^nd Gate, near State Bank of Patiala, Kurukshetra through its proprietor/partner.
2. M/s. UPL Limited Registered Office, 3-11, GIDC Vapi Gujrat-396195.

 

..………OPs.

COMPLAINT UNDER SEC. 12 OF CONSUMER PROTECTION ACT, 1986. 

 

Before       Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh. Sunil Mohan Trikha, Member.

Present :    Sh. Ashok Rana, Advocate for complainant.

                 OPs already exparte.

                                     

ORDER

                    This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Surender Kumar against M/s. Bataan Pesticides and others, the opposite parties.

2.            Brief facts of the present complaint are that the complainant is an agriculturist by profession and is owner in possession of agricultural land situated in Village Dabarthal, Tehsil and District Karnal.  It is alleged that the complainant sown wheat crop in his agricultural land measuring ten acres and alongwith wheat, Mandusi (Phlaris minor) weeds also germinated in the said crop and in order to get a proper yield in the said land, the complainant purchased ten packets of “Shagun” and ten packets of “Jatka” from the Op No.1 for an amount of Rs.9200/- vide bill No.47 dt. 06.12.2016.  It is further alleged that the complainant sprayed the said herbicide in ten acres of wheat filed while using 180-200 liters water per acre and particularly as per the package of practice as-well-as directions of the Op No.1 and also as per the directions given on the literature of the said herbicide.  It is further alleged that after spraying the said herbicide, the complainant was surprised to see when the wheat crop became yellowish/red and it started damaging day by day.  The complainant approached the Op No.1 but the Op No.1 did not listen the genuine request of complainant.  It is further alleged that the complainant moved an application dt. 31.01.2017 before the Deputy Director Agriculture, Karnal with the request to inspect the fields of complainant and to make a report regarding the actual and factual position prevailing at the spot.  The Deputy Director Agriculture Department constituted a committee and the committee visited the fields of complainant and made an observation that because of spray of herbicide, the loss of wheat in the field is about 40%.  It is further alleged that the complainant has suffered a loss of total 120 Qtls. approximately i.e. amounting to Rs.1,95,000/-.  This way, the Ops are deficient in service and adopting unfair trade practice.  The complainant has prayed for acceptance of complaint with the direction to Ops to pay an amount of Rs.1,95,000/- alongwith interest @ 18% p.a. and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as Rs.5500/- as litigation charges.   

2.     Upon notice, the Ops did not appear and opted to proceed exparte vide order dt. 31.10.2017.

3.     The complainant tendered into evidence affidavit, Ex.CW1/A, copy of bill as Ex.C1, copy of letter dt. 31.01.2017 as Ex.C2, copy of report as Ex.C3, copy of legal notice as Ex.C4, postal receipt as Ex.C5 and acknowledgement as Ex.C6 and thereafter, closed the evidence.   

4.     We have heard the learned counsel for complainant and perused the case file carefully and minutely.

5.     From the invoice/bill No.47 dt. 06.12.2016, Ex.C1, it is clear that the complainant purchased 10 packets of “Shagun” and 10 packets of “Jatka” from the Op No.1.  The grievance of the complainant is that due to spurious herbicide, the wheat crop of complainant was damaged.  To prove his versions, the counsel of complainant placed on file report of Agriculture Department dt. 30.03.2017, Ex.C3 and from perusal of said report, it is clear that the committee constituted by Deputy Director Agriculture Department, Karnal has reported the loss of wheat in the field to the extent of 40%.  Besides the said report, the complainant has testified all the facts in the affidavit, Ex.CW1/A so set out by him in the complaint.  The complainant also sent legal notice dt. 24.05.2017, Ex.C4 to the Ops but the Ops did not give reply of the same.  Whereas, on the other hand, the Ops did not appear and opted to proceed against exparte.  So, the evidence adduced by the complainant goes unrebutted and unchallenged.  We can also rely upon the order dt. 09.11.2009 passed by Hon’ble State Commission, Punjab in case titled as Jaswinder Singh Vs. Bambhia Pesticides and others bearing first appeal No.695 of 2008.  Hence, we are of the considered view that the Ops have adopted the act of unfair trade practice and they are deficient while rendering services to the complainant.  In view of facts and circumstances of the case, we assess the loss to the tune of Rs.8,000/- per acre, therefore, the total loss comes to Rs.80,000/- (Rs.8,000/-x10 acre).

6.     Thus, as a sequel of above discussion, we allow the complaint and direct the Ops to pay Rs.80,000/- as compensation for loss suffered by the complainant alongwith interest @ 9% p.a. from the date of filing of present complaint till its realization and further to pay Rs.20,000/- as lump sum compensation on account of harassment, mental agony and cost of litigation charges.  Both the Ops are jointly and severally liable.  Let the order be complied with within 30 days, failing which, the penal action under Section 27 of Consumer Protection Act, 1986 shall be taken against the Ops.  A copy of this order be sent to both the parties free of cost.  File be consigned to the record room after due compliance.

Announced in open court:

Dt.:05.11.2018.  

                                                                (Neelam Kashyap)

                                                                        President.

 

 

(Sunil Mohan Trikha),           (Neelam)       

Member                             Member.