DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD
Dated this the 29th day of July 2011
Present : Smt. Preetha G Nair, Member
: Smt.Bhanumathi.A.K. Member Date of filing: 14/10/2009
(C.C.No.146/2009)
A.Prabhakaran,
S/o.Late Appu,
Vrindhavanam House,
Kooliyode, Elappully,
Palakkad – 678 622 - Complainant
(By Party in Person)
V/s
1. Joint Director,
Kerala State Seed
Development Authority,
TMC 49/981,
Convent Road, Poothole,
Thrissur - 4
(By Govt.Pleader)
2. Krishi Officer,
Krishi Bhavan,
Elappully,
Palakkad - Opposite parties
O R D E R
By Smt.PREETHA G NAIR, MEMBER
The complainant had purchased two bags of Jyothi seed, each bag contains 30 kg from the 2nd opposite party for Rs.416/- The complainant has 1.65 acres of property and taken 30 cents of property on lease for farming the jyothi seeds. The complainant has put the seed in the water to test the quality of the seed and germination. At that time, the complainant understood that the 2nd opposite party has given less germinated and non cleaned paddy seeds. In 60 kg seeds, 20 kg was less germinated and non cleaned paddy seeds. The acts of opposite parties are deficiency in service and caused mental agony to the complainant. Thereafter the complainant stated that he had purchased 60kg seeds in 2 bags in May 2009. None of the seeds grew except weeds. It shows that a lot of weeds were inside the original seeds. The 1st opposite party has not checked the quality of the seed before selling them. The complainant stated that he had intimated the 2nd opposite party to the non germination of seeds. Then the 2nd opposite party replied that some bags contains less germinated seeds. Thereafter the complainant purchased plants from other farmers. Then the sowing process became late. All other farmers sowed the crops. The complainant had availed agricultural loan for farming. He could not repaid the loan amount to the bank. The 1st opposite party submitted that seeds were distributed to 99 farmers and none of them except the complainant raised objection. The opposite parties has not checked the quality of seeds before selling them. The acts of opposite parties amounts to deficiency in service and mental agony to the complainant. Hence the complainant prays an order directing the opposite parties to pay Rs.1 lakh as compensation for mental agony and deficiency in service.
Opposite parties filed version stating the following contentions. The 1st opposite party admitted that the complainant has purchased 60 kgs of Jyothi variety paddy seed from the 2nd opposite party at subsidized cost of Rs.7 per kg. The seed issued to the complainant by the 2nd opposite party is from the lot of 15030 kgs of jyothi variety paddy seed procured and supplied by 1st opposite party. The 1st opposite party having sufficient infrastructure facility at his command for assuring the quality of the seed materials procured and supplied. The seeds procured from different sources in compliance to strict quality checking and in consistent to the guidelines there to are cleaned and packed in the manner required by law. The cleaning of seed materials is a rigorous process without any compromise to the location specific impediments. The lot issued by the 1st opposite party to the 2nd opposite party for distribution to the farming folks in tantamount to the Department directions have been actually distributed to 99 farmers. None of the farmers has tendered any complaint or disagreement in respect of the performance of the seed. The revelation by the complainant that all farmers of his area could complete reaping of paddy and the reaping in his paddy fields has been delayed due to the fact that he had to procure paddy seedlings locally and transplant in his fields itself contradicts with his earlier contentions. Transplantation is done with aged seedlings and hence the initial days required for germination when seed is sown in the field is saved and therefore crop becomes ripe for harvest on the same day when it would have been otherwise. 1st opposite party prayed for the dismissal of the complaint.
The 2nd opposite party admitted that seeds were sold at a subsidized rate of Rs.7/ per kg though the selling price is Rs.17/ per kg as fixed by Govt.of Kerala. An amount of Rs.10/ kg is given as subsidy from 2 department schemes in National Food Security Mission and Nelkrishi Vikasana Agency. About 99 farmers at the time of receiving the complaint purchased the seeds and no one till this date have raised any complaint except the complainant. The complainant has raised no complaint to the 2nd opposite party. Krishi Bhavan has not produced any seeds, but functions as an agency for supplying seeds to farmers received from Kerala State Seed Development Authority.
Complainant filed affidavit and documents. Ext.A1 to Ext.A3 marked. Complainant filed IA.188/10 to sent the seeds for analysis report. IA allowed. The test report is marked as C1. Matter was heard from the complainant.
Issues to be considered are
Whether there is any deficiency in service on the part of opposite parties ?
If so, what is the relief and cost ?
Issue No.I & II
We perused relevant documents on record. The opposite parties represented and filed version. The case was posted in the adhalath for settlement on 25/2/2010. On that day Govt.Pleader appeared for opposite parties and filed memo of appearance. Matter was not settled. No affidavit filed by opposite parties. In Ext.C1 seed analysis report, the Asst.Director of Agriculture, Malampuzha stated that it is found that the seed does not require germination test as viability of paddy seed will retain only upto eight months from the date of harvest. Complainant filed application for directing the Asst.Director of Agriculture, Malampuzha to take samples as mandated by State Seed Laboratory. Opposite parties no representation and no objection. So the application allowed. Then the Asst.Director of Agriculture, Malampuzha inspected the seed on 20/5/2011 and take samples of seed. In the report, the Senior Seed Analyst, State Seed Testing Laboratory, Alappuzha certified that germination not conducted as not requested, only PP1, DDV1 OWS and moisture conducted dated 23/5/2011.
]cnip²n : Sample does not confirm to the specifications.
ip²amb hn¯v : 84%
aÁv hn¯pIÄ : Low physical purity and high moisture
aÁv hkvXp¡Ä : 16%
The complainant filed IA 188/10 to sent the seeds for analysis report. The I.A. Allowed. Thereafter the complainant has taken steps to report on two or three laboratories. Finally on 27/5/2011 the Asst.Director of Agriculture filed the seed Analysis report prepared by the Senior Seed Analyst State seed testing laboratory, Alappuzha. In this C1 report, Low physical purity and high moisture is mentioned. In Ext.A1 paper advertisement by Kerala State Seed Development Authority, Thrissur in the Malayala Manorama daily dated 16/12/2009 advertised that 500 tons of less germination seeds are to be sale. No contradictory evidence was produced by the opposite parties. In the C1 report stated that the packing date from the marking on the bag is 18/5/2009. In Ext.A2 the bill issued by 1st opposite party dated 23/4/2009 mentioned the date of test 28/3/2009 and valid upto 27/12/2009. The complainant has stated that the seeds purchased on May 2009 and October 2009. The advertisement in the Newspaper is on 16/12/2009. No evidence was produced by the complainant to prove that all seeds are same. But the seeds are issued by the Opposite parties. No contradictory evidence was produced by the opposite parties. No affidavit and no documentary evidence was produced by the opposite parties. Opposite parties are not present for hearing. Also the opposite parties not filed argument notes. The act of opposite parties amounts to deficiency in service. The complainant stated that he has unable to repay the loan to the bank taken for agricultural purpose. No documentary evidence was produced by the complainant to show the agricultural loan. In Ext.A3 the complainant has 0.6630 acres of Nilam in resurvey no.25/3, 25/5 in Elapully Village.
The 1st opposite party stated that the complainant has purchased 60 kg of Jyothy variety paddy seed from the 2nd opposite party at subsidized cost of Rs.7/- per kg. The Govt. has given subsidized cost of Rs.7/- per kg to help the farmers. The the opposite parties are very careful to taken the quality of the seed. The seed Analysis report not stated the germination report. But the complainant is trying to prove the less germination seeds. In the above discussions we are of the view that there is deficiency in service on the part of opposite parties. In the result the complaint allowed.
We direct both parties jointly and severally to pay Rs.7,000/- (Rupees Seven thousand only) as compensation for mental agony and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant. Order shall be complied within one month from the date of order, failing which the complainant is entitled for 9% interest per annum from the date of order till realisation.
Pronounced in the open court on this the 29th day of July 2011.
Smt. Preetha G Nair
Member
Smt. Bhanumathi.A.K.
Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 – Paper advertisement by Kerala State Seed Development Authority in
News of Malayala Manorama Daily dated 16/12/09
Ext.A2 – Copy of Jyothi seed receipt No.302136 issued by Kerala State Seed
Development Authority, Thrissur
Ext.A3 - Copy of Possession Certificate of complainant issued by Village
Officer, Elapully
Exhibits marked on the side of the opposite parties
Nil
Lab Report
C1 – Laboratory Report
Cost Allowed
Rs.1,000/- allowed as cost of the proceedings
