J U D G E M E N T

         Mr. Sudhakar Senapothi , Member

          Complainant Ghanakanta Sahu has filed this case u/s 12 of the CP Act alleging deficiency of service on the part of the Opposite Parties for providing him with defective seeds and praying therein for direction to the Opposite Parties for realization of the loss sustained by him due to crop failure to the tune of Rs. 1,00,000/- with interest and a sum of Rs. 2,00,000/- for financial hardship, mental agony and deficiency in service.

1.           Brief fact leading to the case is that the complainant is a farmer by profession having cultivable lands of 2 acres and 250 cents in village Khoksa. The complainant purchased paddy seeds of 60 Kg. packed in three packets weighing 20 Kg. each. He used the seeds with due case and in due process. But, the seeds did not germinate for which he lodged formal complaint on 13.07.2019 and requested for reimbursement of the loss incurred by him. As the Opposite Parties did not listen to his grievance, he filed this case before this Forum for redressal of his grievance and for the reliefs discussed in preceding paragraphs.

2.           After receipt of notice, the Opposite Parties appeared before this forum and filed their written statements.

3.           OP No. 1 and 4 filed their joint written statements. In their written statement, OP No. 1 and 4 stated that the corporation is not supplying any defective seeds to the complainant directly. The corporation only provides the certified seeds and there is no chance of any defective seeds to be supplied to any farmer. The complainant has not intimated this fact to the Seeds Inspector and therefore, the complaint of the complainant is false and the germination might not have taken place due to the fault of the complainant. Therefore, they pray for dismissal of the case against them.

4.           The OP No. 2 and 3 in their written statement submitted that after publication of news in the daily Newspaper DAO, Nuapada, conducted an enquiry and came to conclusion that the cause of non-germination might be definitely not due to low quality of paddy seeds but for other reasons as the facts and circumstantial evidences do not collaborate with the allegation of non-germination of paddy seeds. The reason of non-germination of paddy seeds may be due to water logging up to 10^th July 2019 and deep placement of seeds. Therefore, he prayed for dismissal of the case.

5.           The OP No.5 in his written statement stated that Section 6 of Seed Rule-1968 is mainly divided into 6 broad phases. It is stated that all the procedures for seeds certification is followed and he is not fault and therefore prayed for dismissal of the case against him.

6.           The only question is whether the seeds were defective or the complainant has not followed proper procedure of farming leading to non-germination of the seeds. The OP No. 2 has filed his Joint Inspection-cum-Enquiry Report of BAO, Nuapada, AAO, Nuapada and VAW of Tanwat GP. On perusal of the enquiry report reveals that non-germination of paddy seeds have taken place in the land of 4 cultivators namely Prasana Kumar Sahu, Rajendra Sahu, Ghanakanta Sahu and Sita Sahu of village Khokasa. In their report, it is stated that all the farmers used the seeds for cultivating in the area of 14 acres and the paddy seeds were sown in the field of farmers on 30.06.2019 through seed drills. The three farmers have sown paddy on 30.06.2019 and after sowing, heavy rain continued up to 6^th July-2019 for which the reason of non-germination of paddy seeds may be due to water-logging up to 10^th July of 2019 and deep placement of seeds. In the enquiry report, it is stated that the same variety of paddy seeds were issued to the farmers of Lukupali near Khoksa village and it has germinated more than 90%. The committee does not say that the farmer has not adopted and cultivated as per the proper guidelines and he is at fault. The enquiry report also speaks that the same seeds were given to other people where there is germination of 90% in the adjacent lands. Even though the enquiry report speaks of continuous rain of 7 days, no rain measuring report has been filed before this forum in support of their claim. They have only presumed that it might be due to water-logging and deep placement of seeds. So, the enquiry report does not given definite cause for failure of germinations and the report is based on probability only. It is stated by the OP No. 5 that the samples from the seeds are taken and sent to the Testing Laboratory. The entire seeds are not taken for seeds. So, it cannot be said that the entire seeds which have been sold to the farmers were thoroughly tested and were freed from all defects. The OPs have failed to establish that the seeds provided to the complainant were free from defects and none of the OPs have denied the allegation that the three seed bags are supposed to bear the contents of package, design or device regarding the quality or the kind or variety of seeds conspicuously or correctly on the outside thereof so as to indicate its true nature within the limits of variability prescribed under the Seeds Act-1966. In absence of any specific denial, the allegation of the complainant is deemed to have been admitted by the Opposite Parties.

7.           As the Opposite Parties failed to establish that they have provided the seeds to the complainant free from all defects, they are liable to compensate the petitioner for loss and harassment sustained by him.

8.           The OP No. 2 in his written statement has relied on the report of AAO, Nuapada. In the report, he has mentioned that there was continuous rain for 7 days. It is quite natural that during rainy season in the month of July, there will be continuous rain. If the rain water has damaged the seeds by water-logging, it would have damaged all the nearby areas by water-logging. But, the report says, three cultivators have been affected. So, it is clear that the seeds supplied to the complainant was defective and he has suffered due to the negligence of the OP and they are liable to compensate for loss sustained by him due to arising out of the supply of faulty seeds and hence the order.

O R D E R

          The complaint petition is allowed on contest against the Opposite Parties. The Opposite Parties are made jointly and severally liable for causing deficiency in service and harassment to the complainant. The Opposite Parties are directed to pay a sum of Rs. 1,00,000/- (One Lakh) only to the complainant towards loss and harassment suffered by him and a sum of Rs. 25,000/-(Twenty Five Thousand) only towards cost of litigation. The order is to be complied within a period of 30 days from the date of receipt of order failing which the entire amount shall carry interest @ 12% from the date of order till it is paid to the complainant.