Haryana

StateCommission

A/923/2016

CHANDER KANTA - Complainant(s)

Versus

INDIAN FARMERS FETILIZERS COOPERATIVE SOCIETY LTD. - Opp.Party(s)

LAJPAT SHARMA

23 Oct 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

HARYANA PANCHKULA

                  

                                                First appeal No.923 of 2016

Date of the Institution: 06.10.2016

Date of Decision: 23.10.2017

 

Chander Kanta W/o Sh.Ram Singh S/o Shri Bhagwana Ram, R/o Village Shahpur, Tehsil and District Hisar.

                                                                             .….Appellant

 

Versus

 

1.      Iffco/Indian Farmers Fertilizers Cooperative Society Limited, Anaj Mandi, Hisar, through its Manager.

2.      Indian Farm Forestry Development Cooperative Limited, Plot No.61, Sector 27 & 28 Hisar, through its authorized person.

                                                                             .….Respondents

 

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

                    Mrs. Urvashi Agnihotri, Member

 

Present:-    Mr.Lajpat Sharma, Advocate for the appellant.

                   Mr. Raman Gaur, Advocate for the respondents.

 

O R D E R

R.K.Bishnoi, JUDICIAL MEMBER:

 

          This appeal has been preferred against the order dated 01.08.2016 passed by District Consumer Disputes Redressal  Forum, Hisar  (in short “District Forum”) vide which complaint was dismissed.

2.      As per complainant their’s was a joint family and 180 Kgs of ‘gwar’ seed was purchased by them as detailed in para No.3 of the complaint out of which 90 kgs were by her husband. The seeds were sown in the land as mentioned in para No.1 of the complaint after following proper procedure, but, the crop was not proper.  On the basis of her complaint the fields were inspected on 26.09.2012 by the team of Agriculture Department and reported that seeds were mixed and there was loss to the extent of 55-60%.  Concerned official of Revenue Department reported that average yield of ‘gwar’ crop per acre could be 07 quintals 97 kgs besides fodder to the extent of 10 quintals to the maximum.  As O.Ps. supplied defective seeds they be directed to pay compensation to the tune of Rs.six lacs on account of loss of guar crop and Rs.2/- lacs for mental harassment etc.

3.      In reply it was alleged by O.ps. that the seeds were properly  certified by the concerned authority before sale. There was no defect in the seeds.  Lots of packets were sold but there was no complaint by anyone else. No notice was received by them from Agriculture Department or Revenue Department before inspection. In this way directions contained in letter dated 03.01.2002 issued by Director of Agriculture Haryana were violated. She did not suffer any loss as alleged by her. Objections about maintainability of complaint, accruing cause of action, non-joinder and mis-joinder of parties etc. were also raised and requested to dismiss complaint.

4.      After hearing both the parties learned District Forum dismissed complaint vide impugned order dated  01.08.2016.

5.      Feeling aggrieved therefrom, complainant has preferred this appeal for setting aside the impugned order and appeal be allowed.

6.      Arguments heard. File perused.

7.      It is well settled proposition of law that party who has alleged any fact is to prove the same. In the present case it was alleged by complainant that seeds were of sub standard and mixed. She has given reference of the report of officials of Agriculture Department, but, no such report was produced in evidence before District forum.  In the absence of any report it cannot be presumed that there was any type of loss or the seeds were mixed.  When she has failed to prove this fact she is not entitled for the relief claimed. The findings of learned District forum are well reasoned based on law and facts and cannot be disturbed. Resultantly, appeal fails and the same is hereby dismissed.

 

October 23rd, 2017

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.