Karnataka

Chitradurga

CC/30/2018

H.R. Gopinath Rao - Complainant(s)

Versus

Gangumall Sathyanarayana - Opp.Party(s)

04 Oct 2018

ORDER

COMPLAINT FILED ON :05/04/2018

               DISPOSED ON:04/10/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 30/2018 DATED:4th OCTOBER 2018

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :      PRESIDENT                             B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc.,MBA., DHA.,                LADY MEMBER

 

COMPLAINANT/S	H.R. Gopinath Rao, S/o H.P. Raghavendra Rao, Aged about 60 years, R/o Hirekerehalli, Molakalmuru Taluk, Chitradurga District.   (Rep by Sri.N.B. Vishwanath, Advocate)
OPPOSITE PARTIES	1.  Gangumalla Sathyanarayana S/o Venkatrao, Major, Prop. Sri. Sathyanarayana Nursery, Kadiyapulanka, Kadiyam Mandalam, R.S. Rajamundry, East Godavari District, Andra Pradesh State-533126.   2. G. Govardhan, Major, Nursery Plant Agent, Behind KEB, Near SPSR College, Rampura, Molakalmuru Taluk, Chitradurga District.   (ex-parte)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the opposite parties to direct the OPs to pay Rs.7,00,000/- towards loss along with interest @ 18% p.a Rs.1,00,000/- towards mental agony and cost and to grant such other reliefs.

 

2.     Brief facts of the complaint is that, the complainant is having property bearing sy.No.161/2 situated at Bhatrahalli village, Molakalmuru taluk, Chitradurga District and he with an intention to grow Musumbi crop in the said land, approached OP No.1 and asked OP No.1 to supply Musumbi plants and the OP No.1 instructed the complainant to approach OP No.2 to purchase the same.  As per the instructions of the OP No.1, the complainant has approached OP No.2 on 15.07.2007 and purchased 280 sapota plants, 900 Musambi plants, 25 lemon plants and 100 other plants.  The OP No.1 has issued receipt No.398 towards purchase of the said plants and assured the complainant that, the plants are very good breed and yielding plants.  As per the assurance given by the OPs, the complainant planted Musambi in sy.No.161/2 and maintaining very well as per the instructions of OPs and advise of the Horticulture Department and as such, the Musambi plants were grown up but it was surprised to the complainant that, none of the plants are not yielding any fruits.  Thereafter the complainant approached Joint Research Director, Regional Agricultural and Horticulture Research Center, Babbur Farm, Chitradurga to inspect the land and to verify the Musambi plants.  As per the request of the complainant, on 29.12.2015, the Scientists were visited and verified and certified that, the Musambi plants in the land of complainant are not giving yield as assured by the OPs, but the OPs did not heed to the words of the complainant and did not put any efforts to come to the land of the complainant.  As per the advise of the Horticulture Authorities since there is no meaning to maintain the said plants though they will not yield any fruits, hence the complainant removed all the plants.  The complainant has spent Rs.5,00,000/- to grow Musambi crop and he has raised loan from Bank and Private persons.  Since there is no yielding from the said plants, the complainant has suffered lot and it was very difficult to repay the loan borrowed from the concerned Bank and from others.  The complainant has spent nearly Rs.2,00,000/- for removing the plants.  The act of the OPs are highly abnormal, improper and illegal which amounts to deficiency of service and both the OPs have committed unfair trade practice, for which the complainant has suffered irreparable loss and put into mental agony and inconvenience.  The complainant got issued legal notice to the OPs on 17.12.2016 calling upon the OPs to pay Rs.7,00,000/-, the loss sustained by him due to negligence of OPs for giving unknown plants instead of Musambi pants.  After service of the notice, the OPs did not come forward to settle the claim.  The Notice sent to OP No.1 returned un-served and the notice sent to OP No.2 served personally on 28.12.2016.  The cause of action for this complaint arose on 15.07.2017, the date of purchase of the Musambi plants from the OPs and notice issued on 17.12.2016 and reply notice dated 18.01.2017.  The complainant has purchased the Musambi plants at Rampura, Molakalmuru Taluk, Chitradurga District and OP No.2 is residing within the jurisdiction of this Forum and hence, this Forum has got jurisdiction to entertain this complaint and prayed for allow the complaint.

               

 

3.     After registering the case, this Forum has issued notice to the OPs and the notice issued to OP No.1 served but did not appear before this Forum and placed ex-parte.  The notice issued to OP No.2 returned with a shara party not known.  After that, the complainant has taken steps through paper publication but, not appeared and hence, OP No.2 paced ex-parte.

 

4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to A-8 and closed his side. 

 

5. Heard the arguments.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OPs have supplied unknown plants instead of supplying Musambi plants and they have committed a deficiency of service and entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

 

        7. Our findings on the above points are as follows.

        Point No.1:- Partly in Affirmative.

        Point No.2:- As per the final order.

 

::REASONS::

 

8. Point No. 1:- It is not in dispute that, the complainant has purchased 200 Sapota, 900 Musambi, 25 Lemon and 100 other horticultural plants from the OPs as per receipt No.398 and erected the same in his land bearing sy.No.61/2 situated at Bhatrahalli village, Molakalmuru Taluk, Chitradurga District.  Both the OPs have promised the complainant that, they will give good yield.  The plants were grown up, but it was surprised that, none of the Musambi plants were giving any fruits.  Thereafter, the complainant approached Joint Research Director, Regional Agricultural and Horticulture Research Centre, Babbur and requested to visit, inspect and verify the Musambi plants grown his land, which were supplied by the OPs.  As per the request of the complainant, the Scientists of Babbur Research Centre visited and verified that, the plants supplied by the OPs are not the Musambi plants and issued certificate.  Later on the complainant has approached the OPs and explained everything but the OPs have refused and not agreed to accept the report of the Scientists issued by the Research Centre, Babbur.  Finally the complainant has issued legal notice to the OPs.  As per the documents and certificate issued by the Scientists, it clearly goes to show that, the OPs have supplied unknown plants instead of Musambi plants.

9.     We have gone through the entire documents, affidavits filed by the complainant, it clearly shows that, the OPs have not supplied the Musumbi plants to the complainant.  The OPs have supplied the unknown plants saying that, they are the Musambi plants.  After the report given by the Scientists of Babbur Research Centre, he came to know that, the OPs have not supplied the Musambi plants.  The documents clearly shows that, the OPs have not supplied the Musambi plants to the complainant.  The report given by the Scientists of Babbur Research Centre clearly shows that, the OPs have not supplied the Musambi plants, it is purely a negligence and deficiency of service on the part of OPs.  Therefore, the bounden duty of the OPs is to pay the compensation to the complainant.  As per the documents and receipt given by the OP No.1, clearly shows that, the complainant has purchased Musambi plants from the OPs, but they have supplied unknown plants to the complainant.  Hence, the complainant has suffered heavy loss and mental agony.     Accordingly, we answer Point No.1 held as partly affirmative. 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that the OPs are hereby directed to pay a sum of Rs.5,00,000/- to the complainant for supply of unknown plants instead of Musambi plants to the complainant along with interest @ 9% p.a from the date of purchasing the plants till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 

 

(This order is made with the consent of Lady Member after the correction of the draft on 04/10/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Original RTC
02	Ex-A-2:-	Certificate issued by Agriculture University, Babbur
03	Ex-A-3:-	Sanction Memo
04	Ex.A-4:-	Bill No.398
05	Ex.A-5:-	Legal Notice dated 17.12.2016
06	Ex.A-6:-	Legal Notice dated 18.01.2017
07	Ex.A-7:-	2 Postal receipts and postal acknowledgement
08	Ex.A-8:-	3 photos

Documents marked on behalf of OPs:

-Nil-

 

LADY MEMBER                               PRESIDENT

Rhr.