BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.            

                                                          Consumer Complaint no. 69 of 2012                                                                          

                                                         Date of Institution         :    2.4.2012

                                                          Date of Decision   :   19.8.2016           

1. Jagdish son of Sh.Ram Lal,  r/o village Mahmadpuria, tehsil Rania,  Distt. Sirsa.

                      ……Complainant.

                                      Versus.

1. Hariyali Kisan Bazar, Rania, distt. Sirsa through its Manager.
2.  Haryali Kisan Bazar  Division DCM Shri Ram Consolidated Ltd., ^6th Floor, Kanchan Janga Building, 18 Bara Khamba Road, New Delhi through its Divisional Manager.

  ...…Opposite parties.

                      Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SH.S.B.LOHIA ……………………..PRESIDENT

                   SH.RANBIR SINGH PANGHAL….MEMBER.

Present:       Sh.K.R.Pilania, Advocate for complainant.

Sh.K.R.Jindal , Advocate for Opposite parties.

ORDER

                   Case of the complainant, in brief, is that the complainant is agriculturist and is having agricultural land fully detailed in para no.1 of the complaint. The complainant  upon the assurances and representations given  by Op no.1 regarding the scheme of op no.2 that variety of BT cotton seed will be supplied to him at the time of sowing, had deposited Rs.5000/- with op no.1 on 31.3.2010 vide receipt no.3532. Accordingly, the complainant prepared his 2-1/2 acres of land for sowing the said BT cotton and also spent Rs.5000/- in watering and ploughing the field. On 8.4.2010 and 15-4-2010  to 17.4.2010,  the complainant requested ops to supply the seed, but the same was not supplied by them.  The complainant moved an application on 19.4.2010 to the  Joint Director, Agriculture, Sirsa, who got enquired the matter from S.D.A.O and it was found that said 2-1/2 acres of land of complainant is lying vacant and no crop is sown in the said land. Thus, the complainant suffered loss of Rs.60,000/-. Hence, the present complaint.

2.                Opposite parties by filing their joint reply contested the case, wherein they pleaded that admittedly, the seed of the complainant was booked on 31.3.2010 but, the present complaint has been filed on 2.4.2012, which is beyond the limitation. According to CCSHAU, Hisar, sowing period of cotton seed is from 15^th April to Ist week of June and said booking was done subject to the condition printed overleaf on the receipt. As per one of the condition,  BT cotton seed will be distributed after having received from the producer company. The opposite parties are not producer of seed in question. The alleged inspection as well as report of agricultural team is at the back of Ops and they never received any notice from Agricultural office. The said booking was done subject to the receipt of permission from the Director Agriculture for stocking and selling the B.T. cotton seed and other terms and conditions which were explained to the complainant at the time of booking. The seed was duly supplied to the complainant on 20.4.2010 as admitted by him in his complaint no.79/2012.  No loss was caused to the complainant as the sowing of BT cotton variety of seeds is done from 15^th April to June.

3.                In order to make out his case, the complainant has placed on record various documents i.e. Ex.C1 to Ex.C8; whereas the respondents have not  tendered any evidence.

4.                We have gone through the record of the case carefully and have heard  learned counsel for the parties.

5.                As per the version of the complainant Op failed to supply him the seed for which he had made payment in advance on 31.3.2010. On the other hand, as per the Ops, they supplied the seed to the complainant well in time and complainant has filed false and frivolous complaint. As per the report of Agriculture department Ex.C6 at the time of spot inspection, it was found that there Narma Crop was sown by the complainant in his fields. It is also mentioned by the Sub Divisional Agriculture Officer, Sirsa  in his report Ex.C6 that it is true that booked seed had not been supplied to the complainant because seed reached to the Haryali Kishan Bazar, Rania at a later stage. 

6.                As a result of our discussion, we are reached at the conclusion that booked seed has not been supplied to the complainant rather he sown his crop after purchase of seed from one M/s Gandhi Sales Corporation, Sirsa for which a separate complaint no.79 of 2012 is pending before this Forum. Accordingly, present complaint stands allowed and Ops are directed to refund the said advance amount i.e. Rs.5000/- to the  complainant with interest @ 9% per annum from the date of filing of complaint i.e. 2.4.2012 till payment. No order as to further compensation and costs. Compliance of this order be made within a period of 30 days. Both the opposite parties shall be jointly and severally liable to make the compliance of this order. File be consigned to record after due compliance.

Announced in open Forum.                                           President,

Dated:19.8.2016.                                                          District Consumer Disputes

                                              Member.                          Redressal Forum, Sirsa.