STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
HARYANA PANCHKULA
First appeal No.184 of 2015
Date of the Institution: 26.02.2015
Date of Decision: 11.03.2015
Raj Singh S/o Sh.Molu Ram Resident of village Singhpura,Tehsil Safidon Distt. Jind.
.….Appellant
Versus
- The Managing Director, Haryana Seed Development Corporation Limited Bays 3-6, Sector-2, Panchkula through its Managing Director.
- Haryana Seed Development Corporation Limited Bays 3-6, Sector-2, Panchkula through its Sales Manager at Govt. Sale Centre at Safidon, Distt. Jind.
.….Respondents
CORAM: Mr.R.K.Bishnoi, Judicial Member
Mrs. Urvashi Agnihotri, Member
Present:- Mr.D.S.Nain, Advocate for the appellant.
O R D E R
R.K.Bishnoi, JUDICIAL MEMBER:
This appeal has been preferred against the order dated 02.02.2015 passed by District Consumer Disputes Redressal Forum, Jind (in short “District Forum”) vide which the complaint was dismissed.
The complainant alleged that he purchased one quintal 20 kilograms DBW-1743 seeds of wheat for Rs.2520/- from opposite party No.2 (O.P.No.2), but, they were defective because the germination was very poor. Sub Divisional Agricultural Officer, Safidon inspected the field and gave his report that there was loss of 35% to 25% in the crop. District Forum rejected his complaint without any ground.
Arguments heard. File perused.
Sub Divisional Agricultural Officer, Safidon has not mentioned in his report dated 27.01.2013 that the less germination was due to defect in the seeds, unless there is specific report about this fact. Version of the complainant cannot be accepted keeping in view the opinion of Hon’ble National Commission in case titled as Maharashtra Hybrid Seeds Co. Ltd. Vs. Parchuri Narayana, 2009 (1) CPC page 471 wherein it is opined that complainant is supposed to get the quality of the goods determined from competent Authority, which he has failed to do. It is also opined by Hon’ble National Commission expressed in Hindustan Insecticides Ltd. Vs. Kopolu Sambasiva Rao & Ors. IV (2005) CPJ 47 (NC) that crops can fail due to various reasons viz., poor quality of land, fertilizers, inadequate rainfall or irrigation and also due to poor quality or inadequate or overdose of pesticides/insecticides. Therefore, whether the crop failed due to poor quality of seeds is required to be proved by reliable evidence.
It is also opined by Hon’ble National Commission expressed in first appeal No.371 of 2005 titled as Syngenta India Ltd. Vs. Velago Narasimha Rao decided on 8th March 2010 that in the absence of proper testing of the seeds, it cannot be presumed that loss in crop was due to poor seeds. In the present case, seeds in question were never got tested at any stage and for that reason the complainant is not entitled for any compensation.
In these circumstances, when there is no evidence on the file about the defective seeds, he cannot ask for compensation and learned District forum rightly dismissed the complaint. Less germination can be due to any other reason as discussed above. So these arguments are of no avail.
The findings of learned District forum are well reasoned based on law and facts and cannot be disturbed. Hence, the appeal fails and same is hereby dismissed in limine.
March 11th, 2015 Urvashi Agnihotri R.K.Bishnoi, Member Judicial Member Addl. Bench Addl.Bench
