BEFORE THE DISTRICT CONSUMER FORUM : WARANGALPresent: Sri D. Chiranjeevi Babu,
President.
Sri N.J. Mohan Rao,
Member.
AND
Smt. V.J. Praveena,
Member.
Tuesday the 06th May, 2008
CONSUMER DISPUTE NO. 48/1998
Between:
Singathi Sanjeeva, S/o Rajaiah,
Age 50 yrs, Occ:Agriculture,
R/o Advirangapram (V),
Duggondi (M),
Warngal District.
… Complainant
AND
1. Gopi Krishna Fertilizers & Pesticides,
16-7-32, Grain Market,
Warangal.
2. Ankur Seeds Private Limited,
27, New Cotton Market Layout,
Nagpur – 440 018. …Opposite Parties
Counsel for the Complainant : Sri. P. Shiva Rao, Advocate
Counsel for the Opposite Parties : Sri. Ch.Upender, Advocate
This complaint coming for final hearing before this Forum, the Forum pronounced the following Order.
ORDER
Sri D. Chiranjeevi Babu, President.
This is a complaint filed by the complainant S. Sanjeeva against the Opposite parties under section 12 of Consumer Protection Act, 1986 for a direction to pay Rs.45,000/- towards damages.
The brief averments contained in the complaint filed by the complainant are as follows:
The complainant is an agriculturist and is resident of Advirangapuram Village of Warangal District. Believing the information containing in broucher about the cotton seeds of Type Ankoor-2400 the complainant purchased two packets of cotton seeds each containing 460 grams for Rs.600/- on 10-6-1997and sowed in his Ac.2-00 of his land. The germination was good and plant growth was also good. The complainant applied required manure, chemical fertilizers and pesticides. After attaining its full growth and flowering stage, very few number of flowers were given by some plants and some plants could not give any flowers at all compared to other type of cotton seed in his other land which is little away from aforesaid land. That crop gave very good number of flowers. The complainant took necessary guidance from Agriculture Department during plant growth. The complainant got issued legal notice to both the Opposite parties, but Opposite parties sent reply with false and baseless contentions. As such he filed the present complaint for redressal of his grievance.
Opposite parties filed the Written Version contending in brief as follows:
The improper development of cotton crop in the complainant’ field cannot be alone attributed to quality of seeds. The yield of the crop would depend upon various factors including proper crop management, climatic conditions and application of fertilizers and pesticides. The complainants would have followed wrong agricultural practice and due to their negligence they had sustained loss. The Opposite Parties have not committed any deficiency of service and the complaint filed by the complainants may be dismissed.
The complainant in support of his case, filed his Affidavit in the form of chief examination and also marked Exs.A-1 to A-6. On behalf of Opposite party No.1 Sri B.Sreenivasa Rao, and on behalf of Opposite party No.2 Vijay filed their Affidavits and Affidavit of (2) witnesses in the form of chief examination and also marked Exs.B-1 to B-13.
Now the point for consideration is whether the complainant is entitled for grant of Rs.45,000/- towards damages.
This matter is 1998 matter. This case is coming for arguments since long time. This Forum granted conditional order that this Forum directed both the Advocates to come and argue the matter, but both of them called absent and they have not argued the matter. Then this Forum posted this matter for orders.
The case of the complainant is that complainant purchased two packets of cotton seeds each containing 460 grams for Rs.600/- on 10-6-1997and sowed in his Ac.2-00 of his land. The germination was good and plant growth was also good. The complainant applied required manure, chemical fertilizers and pesticides. After attaining its full growth and flowering stage, very few number of flowers were given by some plants and some plants could not give any flowers at all compared to other type of cotton seed in his other land which is little away from aforesaid land. That crop gave very good number of flowers. The complainant took necessary guidance from Agriculture Department during plant growth. The complainant got issued legal notice to both the Opposite parties, but Opposite parties sent reply with false and baseless contentions. As such he filed the present complaint for redressal of his grievance.
The opposite parties filed the Written Version stating that the improper development of cotton crop in the complainant’ field cannot be alone attributed to quality of seeds. The yield of the crop would depend upon various factors including proper crop management, climatic conditions and application of fertilizers and pesticides. The complainants would have
followed wrong agricultural practice and due to their negligence they had sustained loss. The Opposite Parties have not committed any deficiency of service and the complaint filed by the complainants may be dismissed
In this case as per version of the complainant that he invested an amount of Rs.25,000/- and expected yield worth Rs.45,000/- in his Ac.2-00 of his land and also he took necessary guidance from Agriculture Department during plant growth when the crop failed in giving even a little yield let alone minimum or maximum as aforesaid he took the V.A.O.and Agriculture concerned, to the place of said crop and tried to know the reason of such hopeless result and the Agriculture Officer informed in an ambiguous terms that the failure of the crop was only due to defect in the quality of the seed.
Then having brought aforesaid information to Opposite party No.1, the complainant got issued legal notices. Before going to settle whether the seeds are quality or quality less, compulsory this Forum has to see the Certificate issued by Agriculture Officer as per Ex.A-2 letter issued by the Agriuclture Officer, Duggondi Mandal. As per this he visited the filed along with Officer Incharge, Cotton Breeder and Entomologitst of ARS, Warangal on 9-3-98. At present the crop is final picking to up rooting stage. The cotton hybrid said to be Ankur 2400 as per farmer’s statement grown by the farmer has attained plant height about 6’-6.5”. The observations made on the number of opened picked up bowls and green bolls indicated that the said cotton hybrid Ankur 2400 pocessed on an average (13) opened/picked out bolls and (9) numbers of green bolls per plant as against the other cotton hybrid RCH-2 growin the same field with the same date of sowing in an area of 10 guntas which exhibited 41 opened/picked out bolls and (13) green bolls per plant. There is no variation in boll size in these two hybrids. The plant height of RCH-2 Cotton hybrid is 4’-4.5”. In both the hybrids the final picking is to be taken up.
Due to poor performance of ANKUR 2400 incomparision with RCH-2 Hybrid the farmer could not get economic returns. Further it is to state that ANKUR 2400 hybrid is not cultivated in other parts of Duggondi Mandal to acess the performance.
From the above observations it is clear that the performance of the said hybrid AnKUR 2400 is seems to be poor compared to the other hybrids RCH-2 as the ratio of number of bolls is 1:2.4. Since the Agriculture Officer has stated in Ex.A-2 that the performance of the said Hybrid ANKUR 2400 seems to be poor compared to other Hybrid RCH-2i.e., the reason only the complaint sustained heavy loss in the said case.
In this case except Ex.A-2 and Ex.A-3 Certificate, no other documents are there to show that the complainant sustained loss for an amount of Rs.45,000. Because of non- quality of seeds supplied by the Opposite parties, the complainant sustained loss, if really is there any report should be present before this Forum by the Joint Director or any other Scientists i.e., from laboratory, certainly the laboratory by way of testing the seeds supplied by the complainant is not good quality, certainly this Forum can believe the version of the complainant that due to non quality of seeds the complainant sustained heavy loss, but in this Forum there is no single document to show that only due to non quality of seeds supplied by the Opposite parties, the complainant sustained heavy loss. Except the report of Agriuclture Officer i.e.
Ex.A-3 no document is there and moreover on what basis the Agriculture Officer came to the conclusion that due to non quality of seeds the complainant sustained loss, we are unable to understand, if there is any laboratory report is there, then this Forum came to the conclusion and due to non quality of seeds the complainant sustained loss. We dis-believe the version of the Agriculture Officer and we come to the conclusion that due to other reason only the complainant sustained loss.
In the result there are no merits in the complaint filed by the complainant and accordingly the same is dismissed, but without costs.
(Dictated to the Stenographer, transcribed by her corrected and pronounced by us in the open Forum today, the 6th May, 2008.)
Sd/- Sd/- Sd/-
Member Member President
District Consumer Forum, Warangal.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
On behalf of Complainant On behalf of Opposite Party
PW-1 deposition of S.Sanjeeva. Deposition of RW-1
PW-2 deposition of Adjacent Farmer Deposition of Marketing Officer RW-2.
PW-3 deposition of Agrl.Officer Deposition of Agriculturist RW-3
Deposition of Agriculturist.RW-4
EXHIBITS MARKED
On behalf of complainant
- Ex.A-1 Purchase receipt issued by O.P.1 dt.10-6-97.
Ex.A-1(a) is the signature of the complainant on Ex.A-1.
- Ex.A-2 Letter of Agriculture officer to complainant, dt.11-3-98 with inspection report.
- Ex.A-3 Pahani issued by V.A.O.
- Ex.A-4 Office copy of legal notice issued by O.Ps.dt.7-1-98.
- Ex.A-5 Acknowledgment signed by O.P.1.
- Ex.A-6 Acknowledgment signed by O.P.2.
On behalf of Opposite party.
- Ex.B-1 office copy of reply to legal notice by OP to Counsel for Complainant, dt.29-1-98.
- Ex.B-2 xerox copy o letter issued by Advisor Ministry of Science and Technology, govt. of India, New Delhi, dt.30-10-96.
- Ex.B-3 Seed Analysis Report issue by Govt. of Maharastra.
- Ex.B-4 Statement of O.P.2 dt.18-4-97.
- Ex.B-5 Xerox copy of bull of O.P.1 dt.10-6-92.
- Ex.B-6 Xerox copy of letter from Commissioner of Agriculture to Ankur Seeds.
- Ex.B-7 to B-13 Xerox copy of Thakpatti issued by Agrl.Market Committee for sale of cotton and Xerox copy of Accounts Statement.
Sd/-
President.
