Haryana

Karnal

CC/602/2022

Rampal Sharma - Complainant(s)

Versus

Gennext Crop Science Private Limited - Opp.Party(s)

Amit Arya

05 Dec 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                        Complaint No.602 of 2022

                                                        Date of instt.27.10.2022

                                                        Date of Decision: 05.12.2024

 

Rampal Sharma son of Shri Babu Ram Sharma, resident of village Bara Gaon, Tehsil & District Karnal.

 

                                                                        …….Complainant.

                                              Versus

 

1. Gennext Crop Science Pvt. Ltd. 477, Food Park, HSIIDC, Rai-131029, District Sonepat, Haryana through Managing Director/Proprietor/CEO.
2. Asa Nand Shiv Kumar, shop no.9-10, Old Subji Mandi, Karnal. Mobile no.92153-11715, 98966-60744.

 

…..Opposite Parties.

 

Complaint under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.     

              Ms. Neeru Agarwal…….Member

      Ms. Sarvjeet Kaur…..Member

 

Argued by:  Shri Amit Arya, counsel for the complainant.

                    Shri Mohit Arora, counsel for the OP No.1.

                    Shri Vishal Goel, counsel for the OP no.2.

 

                     (Sarvjeet Kaur, Member)

ORDER:   

 

               The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs’) on the averments that complainant is a farmer by profession and is usually purchased the seeds and crop related material from the OP no.2 and on 06.09.2022, complainant and his son Gaurav Sharma had gone to the shop of OP no.2 and the complainant specially demanded the Gennext Seeds Hybrid Cucumber Sunny-85 but the OP no.2 told the complainant he has only three packet (50gm. Each) and has also Sunny Super-185 (500gm per packing) but the complainant told the OP no.2 that he has only want to purchase Gennext Seeds Hybrid Cucumber Sunny-85 but the OP no.2 told the complainant that Sunny Super-185 is very good quality and it will be grown up/generate immediately and there is no fault in the said seed. On the assurance of OP no.2, the complainant purchased the Gennext Seeds Hybrid Cucumber Sunny-85 three packets each 50 gm. Total 150 gm and one packet of Sunny Super-185 (500gm) only in one packing and the complainant demanded the invoice/bill of the abovesaid both seeds but OP no.2 told the complainant that if Sunny Super-185 (cucumber seeds) do not generate/grow/any fault, he is responsible for all kinds of loss. He will give the bill invoice after four days when he will tell about the result of Sunny Super-185. On the assurance of OP no.2, complainant purchased the abovesaid both seeds. Complainant sowed the both seeds in his fields in Bara Gaon, Karnal. On 11.09.2022, complainant saw that Hybrid Cucumber Sunnny-85 grow/generate very well but Sunny Super-185 do not grow/generate completely. The complainant was very surprised to see the condition of Sunny Super-185 Cucumber seeds. The complainant went to the shop of OP no.2 on 12.09.2022 and told the OP no.2 that Sunny Super-185 cucumber seeds do not grow/generate completely. Complainant is facing the hardship and great loss of production but OPs did not bother the statement of complainant and told that he is not responsible for the loss and hardship of complainant. On the several requests of the complainant, then OP no.2 issued the no.1394 dated 12.09.2022 for Rs.16,760/-. Then complainant sent a legal notice dated 19.09.2022 to the OPs but it also did not yield any result. Thereafter, complainant moved an application to District Udyan Officer, Karnal, VPO Uchani, Karnal. On 30.09.2022, a report made by the Scientist, Officer of the said office bearing letter no.1136 dated 04.10.2022 and gave to the complainant. After that complainant approached the OPs and requested to compensate him on account of inferior quality of seeds, but OPs did not listen to the complainant and flatly refused to pay any compensation. The complainant spent an amount of Rs.20,000/- for preparing the fields for cucumber crop including the cultivating tilering and labouring and the complainant is facing the future loss of Rs.1,00,000/- which comes to the production of cucumber crop. As such OPs are also liable to make the compensation to the tune of Rs.1,36,000/- on account of sufferings suffered by the complainant due to sole negligent and deficient services, act and conduct of the OPs. In this way there is deficiency in service and unfair trade practice on the part of the OPs. Hence this complaint.

2.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the complainant sowed the unseasonable crop just because to earn the heavy profits. Cucumber is worm season crop and very sensitive to frost. The right time to plant cucumber seed is February and March in open field. As per Indian Council of Agricultural Research Cucumber is a spring summer crop grow in mid February to end of February for open field. The requirement for open field is one K.G. seed per acre but in the present complaint, the complainant allegedly sowed 650gm of seed in 9K-12M land i.e. more than one acre (8 Kanal) of land. Due to sowing of crop without season perhaps has affected the yield of the crop and there is no affect of the seed. Cucumber is two months crop and as per complaint of complainant he has suffered loss of Rs. one lac for 9K-12M of land. There is no crop in India which can give profit of one lac per acre just in two months. The complainant just to earn heavy profit had sowed unseasonal crop. As per the complaint the complainant sowed cucumber seed in 9K-12M of and as per alleged report of District Horticulture office and it is found that no crop is there in 9 to 10 kanals of land and crop of cucumber sunny-85 was found 80 to 90%. When, the complainant has planted seed only on land measuring 9K-12M then how no crop was found in 9 to 10 kanal of land and where the crop of cucumber sunny-85 had gone. The complainant fails to prove that there was defect in seed sold by OP. It is further pleaded that complainant had purchased 3 packets of Gennext Seeds, Hybrid, Cucumber Sunny-85 of 50 gm each and one packet of Sunny Super-185 of 500 gm of Cucumber and no agriculturist except the present complainant has filed any complaint against the OP and even the agricultural produce of all the other farmers who purchased Suny-85 and Sunny Super-185 from the shopkeepers and planted it in the Cucumber season, the yield of the sown seed was very good and no complaint was received from any of the farmer. OP no.2 intimated the OP no.1 that the complainant had purchased the cucumber seed against the advised of OP no.2. It is advised by OP no.2 to the complainant that September is not the season/sowing time for cucumber crop and September is sowing time for cucumber crop only for poling net house but the complainant insisted the OP no.2 to give him cucumber seed. The complainant filed the present complaint on the false and frivolous ground just only to grab the money from the OP. It is further pleaded that no technical committee was constituted as per the directions issued by the Director of Agriculture, Haryana vide his letter memo no.52 to 70/TA (SS) dated 03.01.2002, Pkl, and with reference to the D.O. Letter no.HSDC 15212 dated 11.12.2001 as per the direction of the Director Agriculture, Haryana. The complainant failed to retain the sample of the seed for getting it tested in the Government lab. so that it can be ascertained that whether there is any defect in the seed. The sample of this seed was also not got tested by the complainant as per the mandatory provision of section 38(2)(c) of the Consumer Protection Act, which has not been complied with by the complainant. The seed sold to the complainant in sealed packet. The complainant did not produced the vacant bag upon which all the information were mentioned by the manufacturer and thereafter sold the same to the farmer, is not having any liability, rather there was n defect in the seed in question and same was not of inferior quality, which was process by the OP. There is no mechanical formula or procedure to ascertain that whether it was crop of Sunny-85 or Super Sunny-185 or some other Cucumber seed, which had not grown/generated completely. There is no deficiency in service and unfair trade practice on the part of the OP. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             OP no.2 filed its separate written version raising preliminary objections with regard to maintainability; cause of action; locus standi and concealment of true and material facts. On merits, it is pleaded that the complainant has not sent the seed for testing the same to the laboratory and there is no laboratory report and neither the fields of complainant had been inspected by the Agriculture Officer, hence the present complaint is not maintainable. Further, OP no.2 has followed the same lines of written version filed by the OP no.1 and prayed for dismissal of the complaint.

4.             Parties then led their respective evidence.

5.             Learned counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW1/A, original bill dated 12.09.2022 Ex.C1, copies of legal notices dated 19.09.2022 and 21.09.2022 Ex.C2 and Ex.C3, postal receipts and AD Ex.C4 to Ex.C6, copy of complaint Ex.C7, Agriculture Report Ex.C8, jambandi Ex.C9, photocopy of  map of land Ex.C10, photocopy of envelop-185 and 85 Ex.C11 and Ex.C12, copy of aadhar card  of complainant Ex.C13, copy of aadhar card of Babu Ram Sharma Ex.C14 and closed the evidence on 25.05.2023 by suffering separate statement.

6.             On the other hand, learned counsel for the OP no.1 has tendered into evidence affidavit of Naresh Kumar, Director Ex.OP1/A, copy of bill Ex.OP1, copies of literature regarding package of practices for cultivation of vegetables Ex.OP2 and Ex.OP3 and closed the evidence on 08.05.2024 by suffering separate statement.

7.             Learned counsel for the OP no.2 has tendered into evidence affidavit of Kewal Krishan, proprietor Ex.OP2/A and closed the evidence on 08.05.2024 by suffering separate statement.

8.             We have heard the learned counsel for the parties and perused the case file carefully and have also gone through the evidence led by the parties.

9.             Learned counsel for the complainant, while reiterating the contents of complaint, has vehemently argued that on 06.09.2022, complainant  purchased 3 bags of 50 gms cucumber sunny 85 seed and one bag of 500 gms sunny super-185 seed from the OP No.2 and sowed the said seeds in his fields. On 11.09.2022, complainant noticed that cucumber sunny-85 seed germinated but sunny super-185 seed not germinated and in this regard complainant informed the OP No.2. But OPs did not hear the genuine request of complainant rather misbehaved with him.  On 30.09.202, complainant moved an application to District Udyan Officer, Karnal, VPO Uchani, Karnal for inspection of the crop. The Scientists and other Officers inspected the fields of complainant and found that  sunny super-185 seed could not be germinated. Due to that complainant has suffered a huge financial loss and lastly prayed for allowing the complaint.

10.           Per contra, learned counsels for the OPs jointly contested the case and reiterating the contents of written versions, have vehemently argued that OPs sold the superior quality of seed to the complainant. As per Indian Council of Agricultural Research Cucumber is a spring summer crop grow in mid February to end of February for open field. The requirement for open field is one K.G. seed per acre but in the present complaint, the complainant sowed 650gm of seed in 9K-12M land. Due to sowing of crop without season perhaps has affected the yield of the crop and there is no affect of the seed and lastly prayed for dismissal of the complaint.

11.           We have duly considered the rival contentions of both the parties.

12.           On 12.09.2022, complainant purchased the seed of cucumber i.e. variety of sunny-85 and Sunny Super 185 , vide bill Ex.C1 from the OP no.2. Complainant wanted to purchase the seed Sunny-85 but on the assurance of the OP No.2 he has also purchased Sunny Super-185 seed. Complainant sown the both the seeds in his fields but sunny super 185 seed could not be germinated.  This fact has been proved from the report Ex.C8 prepared by the Scientists of District Horticulture Office, Karnal. The said report specifically mentioned that the variety of cucumber seed sunny super-185 has not been germinated whereas variety of sunny-85 has been germinated upto 80% to 90%. It has been proved from the said report that OPs have supplied the inferior quality of seed of sunny super-185. Thus the act of the OPs due to supply of inferior quality seeds amounts to deficiency in service and unfair trade practice.

13.           Complainant has alleged that he has suffered a loss of Rs.1,36,000/- due to supply of inferior quality seed but he has not placed on file any proof with regard to such huge financial loss. Definitely, complainant has suffered a financial loss due to supply of inferior quality of seed. Hence, we are of the considered view that if an amount of Rs.35000/- be awarded in favour of the complainant alongwith compensation for mental pain, agony and harassment and towards the litigation expenses.

14.           Thus, as a sequel to abovesaid discussion, we partly allow the present complaint and direct the OPs to pay Rs.35000/-to the complainant in all respects. Both the OPs are jointly and severally liable to pay the awarded amount. This order shall be complied with within 45 days from the receipt of copy of this order. It is made clear if the awarded amount is not paid by the OPs within stipulated period then this amount will carry interest @ 9% per annum from the date of announcement of the order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 05.12.2024

                                                               

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Neeru Agarwal)         (Sarvjeet Kaur)

                   Member                          Member