Haryana

StateCommission

A/1115/2015

JASWANT SINGH - Complainant(s)

Versus

GARG PESTICIDES AGENCY - Opp.Party(s)

GURINDER PAL SINGH

19 Jan 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.1115 of 2015

Date of the Institution: 24.12.2015

Date of Decision: 19.01.2016

 

Jaswant singh S/o Sh.Mohinder Singh, resident of village Bodi, P.O. Umri,Tehsil Thanesar District Kurukshetra.

                                                                             .….Appellant

 

Versus

 

1. M/s Garg Pesticides Agency, Shop No.167, New Grain Market, Pipli, District Kurukshetra, through its prop./Partner Sh.Deepak Kumar S/o Lal Chand.
2. Nodai Seeds India Pvt. Ltrd., 38^th Mile Stone N.H.No.8, Behranpur Road, Gurgaon, through its Manager.

                                                                             .….Respondents

 

CORAM:    Mr.R.K.Bishnoi, Judicial Member

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.Anil Shukla and Mr. Abjit Singh Kang, Advocate for the appellant.

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          It was alleged by complainant that he purchased three packets of  paddy seeds from opposite party (O.P.) No.1 against the payment of Rs.1500/- vide bill No.3249 dated 08.05.2010.  Lateron it was found that the seeds were of sub standard.  Some of the plants were having less height and some of the plants were having more height. Fruiting was also not proper which is clear from the perusal of expert report dated 30.09.2010.  He approached O.P. to pay the compensation, but, to no avail.

2.      After hearing both the parties learned District Consumer Disputes Redressal Forum, Kurukshetra (in short “District Forum”)  dismissed the complaint.

3.      Feeling aggrieved therefrom, complainant-appellant has preferred this appeal.

4.      Arguments heard.  File perused.

5.      It is nowhere mentioned in the report dated 30.09.2010 that the seeds were defective. If there was variance in growth of plants it cannot be presumed that the proper seeds were not sold.  Without any solid reasons it cannot be opined that the seeds were defective.  It has also not come on the file that notice was also sent to the O.Ps. before visiting the spot.  So this report cannot be relied upon.   Learned District forum has taken into consideration all these aspects and there is no reason to disturb the impugned order.  Resultantly, the appeal fails and the same is hereby dismissed in limine.

 

January 19th, 2016                 Urvashi Agnihotri                                R.K.Bishnoi,                                                               Member                                              Judicial Member                                                         Addl. Bench                                        Addl.Bench