DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, NORTH-WEST

       GOVT. OF NCT OF DELHI

      CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.

CC No: 1096/2014

D.No._____________________                      Dated: ________________

IN THE MATTER OF:

JAI KISHAN S/o SH. JAI DAYAL,

VILLAGE-HAREVALI,

BAWANA, DELHI-110039.       … COMPLAINANT

Versus

1. M/s BAWANA KRISHI KENDRA,

    DELHI ROAD, BAWANA, DELHI-110039.

2. SUNGRO SEEDS PVT. LTD.,

    2^nd FLOOR, MANISH CHAMBERS,

    BN BLOCK, LOCAL SHOPPING CENTER,

    SHALIMAR BAGH (WEST), DELHI-110088.      … OPPOSITE PARTY (ies)

CORAM:SH. M.K. GUPTA, PRESIDENT

               SH. BARIQ AHMED, MEMBER

              MS. USHA KHANNA, MEMBER                                          

                                                            Date of Institution: 15.09.2014

                                                             Date of decision: 24.12.2019

SH. BARIQ AHMED, MEMBER

ORDER

1.       The complainant has filed the present complaint against OPs under the Consumer Protection Act, 1986 therebyalleging that on 04.03.2014, the complainant purchased the seeds of Chilies &

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          ridge gourd (Tori vegetable) vide retail invoice no.55/2733 dated 04.03.2014 and paid Rs.26,800/- from OP. Thereafter, the complainant sow the seeds in to his agriculture land in the season then neither any flower nor any vegetable has grown in the farm land and the whole harvesting of crops get destroyed thus seeds proved to be infertile and of bad quality. The complainant further alleged that the complainant was shocked and surprised when OP did not provide good quality of seeds and the complainant suffered lot of financial loss and mentally agony on the harvesting of crops and it is clear that OP sold seeds to the complainant are of bad quality and the complainant requested so many times to OP for refund the price of the seeds i.e. Rs.26,800/- but OP denied. On 03.09.2014, the complainant served a legal notice to OP through speed post by calling upon OP to refund the amount of seeds and to pay a compensation of Rs.1,50,000/- within 10 days from the date of receipt of the said legal notice and the said legal notice duly served to OP but till date OPs have neither replied nor complied with legal notice and further the said action of OPs amount to deficiency in service and unfair trade practice.

2.       On these allegations the complainant has filed the complaintpraying for direction to OP-1 to pay/refund the price of the seeds i.e. Rs.26,800/- alongwith interest @ 24% p.a. to the complainant as well as compensation of Rs.50,000/- for causing mental agony,

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          harassment and has also sought Rs.25,000/- towards cost of litigation.

3.       OPs have been contesting the complaint and have filed common written statement wherein OPs submitted that there is no deficiency in service on the part of OPs and the complaint is not maintainable and is liable to be dismissed. OPs further submitted that the seeds of Nutan variety starts giving the fruits after approx. 45^th day of the sowing and provides fruits till 90 days if all environmental factors and farm practices are correctly performed and the complainant started proceeding after 180 days of the sowing of the seeds in question and he had not given any intimation to any Government authority including the producer or retailer regarding the infertility of the seeds Nutan variety. OPs further submitted that OP-2 i.e. M/s Sungro Seeds Pvt. Ltd. has never produced Hot Pepper 4884 variety same is of Monsanto Company and further submitted that other variety which has been stated by the complainant is Ridge Gourd however in receipt enclosed herein with the complaint and the variety is Sponge Gourd Nutan. OP further submitted that the variety Nutan has not received a single complaint of the nature or of any nature in the entire region where the variety has been sold and the Nutan variety has produced good dark green coloured long and thin fruits and first picking of this can be done 43-48 days after sowing and average fruit weight is 130-150 gm and has good

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          yielding potential and fruit has a good keeping quality. OP further submitted that the complainant had purchased the seeds of Nutan Variety on 04.03.2014 and he got issued the legal notice dated 03.09.2014 after 180 days and he has neither disclosed the date of sowing window of the seeds nor got inspected his field/farm wither by the company officials or by any Government officer/agency during standing crop. OPs further submitted that OP-2 provides only good quality of the seeds for that it has an acclaimed reputation in all over India and if there was any type of problems it lies completely on the complainant due to its wrong agricultural practices like improper sowing window, plating, manuring, seed rate, pruning etc. he has also not disclosed the sowing procedure, the applicable procedure was followed or not while sowing is also a question and it may be due to adverse climatic conditions like temperature, moisture, humidity, soil, texture, rain and it can be bacterial, fungus or virus infection due to not spraying of insecticides, pesticides etc. by the complainant.

4.       The complainant filed rejoinder to the written statement of OPs and denied the contentions of OPs.

5.       In order to prove his case,the complainant filed his affidavit in evidence and also filed written arguments. The complainant also placed on record copy of retail invoice no.55/2733 dated 04.03.2014 of Rs.26,800/- for purchasing the seeds issued by

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          OP-1, copy of legal notice sent by the complainant through his Counsel to OPs by speed post alongwith copy of postal receipt and original copy of photograph of the harvesting of crops showing only leaves.

6.       On the other hand, Sh. Ram Kumar Singh, Authorized Signatory of OP-2 filed his affidavit in evidence. OP-2 also filed copy of Characteristics of Sponge Gourd Hybrid Nutan, copy of handbook of Horticulture, copy of Quality Control Germination Report dated 17.12.2013, copy of Information of Truthful Seed Production Programme/Statement-I, Statement-II, copy of Certificate of Registration dated 31.12.2012, copy of recognition of Your In House R & D Units (s) dated 31.12.2012, copy of renewal/recognition of In-House R & D (s), dated 09.11.2015 and copies of Certificate.    OP-2 also filed written arguments.

7.       This forum has considered the case of the complainant as well asOP in the light of evidence and documents placed on record by the parties. The case of the complainant has remained consistent and there is nothing on record to disbelieve the case of the complainant.

8.       The documents and evidence of the parties shows that in the present case, the complainant has purchased seeds of Chilies and Ridge Gourd (Tori vegetable) vide bill no. 2733 dated 04.03.2014 and paid Rs.26,800/- and sow the seeds into his Agriculture Farm Land in the season, then neither any flower nor any vegetable was grown in the Farm Land. It is hard to believe that the complainant,

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          being the farmer would have sown the seeds in negligent and careless manner into his Farm Land and would not have followed the proper procedure of sowing the seeds. If the seeds are of good quality then flowers and fruits are bound to grow in the plants. Absence of growth of flowers and fruits in the plants show that the seeds were of inferior quality which were sold by OP to the complainant and we do not find any merits in the defence of OP. Accordingly, we are of opinion that selling of inferior quality of seeds by OPsto the complainant amounts to deficiency in service and unfair trade practice. Thus, OPsare held guilty of deficiency in service.

9.       Thus, holding guilty for the same, we direct OPs jointly or severally as under:

ii) To pay to the complainant an amount of Rs.40,000/- as compensation for harassment and mental agony suffered.

10.    The above amount shall be paid by OPs jointly or severally to the complainant within 30 days from the date of receiving copy of this order failing which OPsshall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the dateof payment. If OPs fail to comply with the

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         order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.

11.  Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 24^thday of December, 2019.

BARIQ AHMED                            USHA KHANNA                      M.K. GUPTA

  (MEMBER)                                  (MEMBER)                         (PRESIDENT)

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UPLOADED BY : SATYENDRA JEET