JUSTICE J. M. MALIK

1.      The learned counsel for the parties are present.  Arguments heard.  The case of the complainants, Sh. Gajanan Vishwanath Shahade, Sh. Neminath Vishwanath Shahade and Smt. Lankabai Vishwanath Shahade is that they purchased seeds from the opposite parties, namely, National Seeds Corporation, New Delhi, National Seeds Corporation, Nagpur, M/s. Vaibhav Agencies.  The said seeds did not germinate and was found to be defective.  The District Forum has decided the case in favour of the complainants.  The State Commission partly allowed the appeal.  The District Forum awarded the compensation in the sum of Rs. 88,000/-, but the State Commission reduced it to Rs. 50,000/- only.

2.      The case of the complainants revolves around the report prepared by the Agriculture Officer, but he prepared the Panchnama in the absence of the opposite parties.  There is no scientific evidence.  The provisions of Section 13 clause 3 were never complied with.  This is an admitted fact that as per the Government Circular, Committee consisting of seven members prepares the report, but the report reveals that there were only two persons.  Relevant portion of the report runs as follows:-

          “The farmer had sown the 12 bags seed in common acre field by 12 inches seed drill after applying 12 cartloads of farm  yard manure per  acre & proper cultivation thereafter.  The seed was treated with Thirum @ 5 gms/10kgs before sowing.  Chemical fertilisers S.S.P. – 2 bags and3 kg zinc phosphate was applied behind 30 kg seed.  The 30 kg x 12 bags seed was sown in totally 9 acres field on 04.02.2007.  After sowing, there was good germination.

          Some plants in the plot were found of uneven height.  More than 50% tall plants were found in the entire plot.  (There were 18 plants in 1 sq.mtr).  Out of them 10 plants were found to be tall and a plants dwarf and small size.  The dwarf plants had good bearing of pods having 20 to 25 pods per plant whereas the tall plants bore 2-3 pods per plant which were even found to be partially filled.  Therefore, it is found that the T.A.G. -24 seed consists of seeds of other varieties.

          According to the farmer, he has incurred a loss of about 50 qtls ground pods.

          HENCE PANCHNAMA, submitted for further action.”

3.       The persons present there had no personal knowledge.  The Panchnama was prepared at the behest of the complainants.  This Panchnama neither makes head nor tail of the actual position.  It was prepared at the suggestion of the farmers.  The loss was not assessed by the Committee, but it was assessed by the farmers.  There is no solid, concrete and unflappable evidence on the record, which may go to show that the seeds were defective.  There are many other factors, which were to be considered, such as kind of the land, atmosphere, rains, weather, etc.  We, therefore, accept the revision petition, set aside the orders, passed by the fora below and dismiss the complaint.  The opposite parties will be at liberty to withdraw the amount already deposited with the fora, after the expiry of 90 days from today.