DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NARNAUL
CONSUMER COMPLAINT NO.61 of 2013
DATE OF INSTITUTION:- 25.03.2013
DATE OF ORDER:- 24.03.2015
Desh Raj son of Shri Matadeen, Caste Ahir, Resident of village Kojinda, Tehsil Narnaul, District Mahendergarh
……………COMPLAINANT
VERSUS
- Kamaniya Beej Bhandar, New Mandi, Narnaul through its Proprietor Harish @ Toni son of Shri Satya Narain, Caste Mahajan, Resident of Narnaul
- Vikash Seeds, Sirsa Road, Hisar-125005 through its Manager/ Director
………….. OPPOSITE PARTIES
COMPLAINT U/S 12 OF CONSUMER PROECTION ACT
BEFORE :- Rajesh Jindal, President
Smt. Usha Yadav, Member
L.K. Nandwani, Member
Present:- Shri R. K. Rambass, Advocate for the complainant.
Opposite party No.1 exparte
(Complaint against OP No.2 dismissed vide order dated 16.09.2014)
ORDER:-
Rajesh Jindal, President:
According to the complaint, brief facts are that the complainant has spent Rs.5,000/- on cultivation and fertilizer of one acre agricultural land. The complainant has alleged that he had purchased 5 Kgs. seed HG-197 Lot No.2012, of GUWAR (गुवार) from opposite party No.1, manufactured by opposite party No.2, for an amount of Rs.450/- vide bill No.64 dated 21.06.2011. The complainant has sown the said seed in his one acre agricultural land in first week of July, 2011. The complainant has averred that opposite party No.1 gave assurance that the aforesaid seed is of good quality and yield of GUWAR crop is 30 मण per acre. The seed sold by the opposite parties to the complainant was of inferior quality because the GUWAR crop fetches 50% Pod पलियाँ and as such the complainant has suffered huge crop loss. The complainant visited to opposite party No.1 several times and requested to pay the loss of crop, but to no effect. The complainant has prayed that the opposite parties be directed to pay Rs.30,000/- for crop loss, Rs.40,000/- as compensation for mental agony and harassment and Rs.15,000/- for cultivation, fertilizer, water etc. totaling to Rs.85,000/- with interest at the rate of 18% per annum.
2. Opposite party No.1 was proceeded against exparte vide order dated 04.06.2013.
3. It is pertinent to mention here that the complaint against opposite party No.2 was dismissed vide order dated 16.09.2014 when the complainant failed to supply the correct address of opposite party No.2 despite availing 12 opportunities.
4. In order to make out his case, the complainant has placed on record his own supporting affidavit Annexure C-1, bill No.64 dated 21.06.2011 Annexure C-2, photograph of the crop Annexure C-3, empty bag of seed Annexure C-4 and copy of inspection report Annexure C-5.
5. We have gone through the record of the case carefully and have heard the learned counsel for the complainant.
6. Learned counsel for the complainant stressed that according to the inspection report Annexure C-5, the complainant has suffered loss upto 60-70% of his crop. We have perused the said inspection report and the inspection committee in its report has mentioned that the complainant had sowed HG-197 variety of seed, which is not approved/ recognized by the Agriculture University, Hisar.
7. Opposite party No.1 did not bother to appear and contest the claim of the complainant. The complainant has purchased the seed from opposite party No.1 vide bill No.64 dated 21.06.2011 Annexure C-2. He has placed the photograph of the crop Annexure C-3 and empty bag of seed Annexure C-4. He has heavily relied upon the inspection report Annexure C-5 in support of his contention. Taking into account the facts of the case, we partly allow the complaint of the complainant and award Rs.5,000/- as compensation to the complainant. Opposite party No.1 is directed to pay the said amount of Rs.5,000/- to the complainant. This order be complied with by opposite party No.1 within 60 days from the date of passing of this order. No order as to cost.
Announced:-
24.03.2015
(Smt. Usha Yadav) (L. K. Nandwani) (Rajesh Jindal)
Member Member President,
District Consumer Disputes
Redressal Forum, Narnaul
