JUDGMENT

                                                               5.2.2010

Justice Pritam Pal, President

1.         This appeal by  opposite party  is directed  against  the order dated 18.2.2002 passed by District Consumer Forum -Jagadhari  whereby    complaint bearing No.123 of 2000 filed by Fakir Chand  , respondent(complainant)     was allowed  in the following terms ;

“Keeping all the circumstances in view, we direct the respondent to refund the amount charged by the respondent as cost plus postal charges alongwith interest @ 12% p.a. from the date of charging the amount till the date of payment. The respondent is further burdened with a cost of Rs.5000/- on account of loss due to crop, mental agony, harassment and litigation charges. ”

2.      The parties   hereinafter shall be referred to as per their ranking before the District Forum.      

3.          In nutshell, the facts   as set out in the complaint are  that the complainant was an agriculturist by profession and permanent resident of village Kalawar Distt. Yamunanagar and opposite party was a  seeds grower and seller. In the month of October,1999 the complainant had written a letter to OP for supply of onion seed weighing two kgs for sowing the same for preparation of plants (Podh) and then to sow said onion plants in one acre of land of complainant. The OP accordingly sent two kgs of onion seed of red colour to the complainant through V.P.P on 30.10.1999  and  also sent  a letter  alongwith bill NO.912 dated 30.10.1999. The complainant after taking delivery  had sown  the onion seed   for preparing the plants in his land and provided sufficient and proper fertilizer and water etc. However, the  onion seed  sent by OP had not germinated for a sufficient long time and after waiting for about one month the complainant wrote letter to OP stating therein that the seeds sent by them had not germinated. In reply to the said letter OP wrote letter dated 11.1.2000 to the complainant stating that they would send the amount of seeds to the complainant through money order. It was alleged that the OP by sending inferior quality and outdated seeds to the complainant had caused a great loss due to non-germination of seed which he had sown in one acre of land. Alleging deficiency in service on the part of OP, the complainant filed complaint before the District Forum seeking refund of Rs.934/- being the price of onion seed including postal charges  and claimed compensation for Rs.50,000/- on account of heavy monetary loss and mental agony besides   costs of litigation etc.      

4.        On the other hand,  the case of OP before the District Consumer Forum was that OP had sent 2 kgs of onion seed through registered V.P on 30.10.99 to the complainant for a value of Rs.934/- . According  to OP there must be possibilities that the complainant failed to sow the onion seed in time and with proper care and process and onion seed had not germinated due to lack of experience of complainant and he should have taken help of some expert person. It was pleaded that the onion seed delivered by OP was of good quality as a huge quantity was supplied to various farmers and no other complaint was received from any farmer.  It was further pleaded that on humanitarian grounds and  in order to maintain cordial relation with the complainant, refund of the price of onion seed was offered . It was stated that if any loss had been suffered by the complainant that was due to his own  fault for which OP was not liable to pay any amount. A prayer was made for dismissal of the complaint. 

 5.       The District Consumer Forum after  going through the evidence and material brought on record and  hearing the  counsel for the parties, allowed the complaint   as indicated in the opening part of this judgment.   This is how feeling aggrieved, opposite  party had filed   appeal before  the Haryana State Consumer Commission which has   been transferred to this Commission under  the directions of Hon’ble National Commission.

 6.       We have heard learned counsel for the parties and have gone through the file carefully. The only point raised on behalf of the appellant/OP is that here in this case the District Consumer Forum without any basis had arrived at the conclusion that the  onion seed purchased by the complainant was defective, inasmuch-as  such finding could be given only after proper analysis or test of the goods/seeds  which has not been done in this case as required under section 13(1)(c) of the Consumer Protection Act.  He then also relied upon following two authorities ;

(i) Jasdev Singh Vs The Deputy Director, Agriculture, Ambala and another 1993(2)322 ( Haryana State Consumer Commission )

(ii)Suresh Kumar Vs Haryana State Seeds Developmetn Corporation Ltd. : 2001 (1)CLT45 (Haryana state Consumer Commission)

   However, the said  point of arguments raised on behalf of appellant has been repelled.  

7.        We have given our thoughtful consideration to the entire matter and have also gone through the above said rulings as well as provisions contained under Section 13(1) ( C )  of the Consumer Protection Act. In fact the above submission put forth on behalf of the appellant is of no help to him inasmuch-as here in the instant case it is fairly admitted by OP in its letter dated 11.1.2000 that the amount taken from complainant would be returned. If we go through the contents of the aforesaid letter minutely then it can be safely inferred that the onion seed sold to the complainant was defective for which he begged of his pardon and that is why he also agreed to return the cost of the same. So, faced with such a situation there was no necessity to send the seeds for analysis or test. It is well settled  law that the fact which is admitted need not to be proved.   Moreover, it is envisaged under Section 13(1)( C) that the necessity for sending the alleged defective goods for analysis or test  would arise only if the defect in goods  is not determined otherwise.  Thus, no benefit can be derived from the aforesaid provision of Consumer Protection Act  as well as rulings relied upon by the appellant.

8.        No other point has been urged or argued. In the result, the appeal fails and same is hereby dismissed with costs which are quantified at Rs.1100/-.

            Certified Copies of this order be sent to the parties, free of charge. The file be consigned to record room.