JUSTICE V.K. JAIN, PRESIDING MEMBER (ORAL)

                The complainant / respondent purchased 20 Kg. of rice seeds of the variety 1509 of Lot No. October-15-07-06-03 from the petitioner on 14.5.2016 for a consideration of Rs.900/-.  The said seeds were sown by him in four acres of agricultural land, incurring an expenditure of Rs.40,000/- on fertilizers, pesticides etc.  In the third week of August, 2016, he found mixture of odd variety in the fields.  A complaint alleging adulteration in the seeds was made to the petitioner on 22.8.2016 and the petitioner was requested to inspect his crop.  No such inspection having been carried out, the complainant requested the inspection by Deputy Director, Agriculture, Sonepat. A team of experts inspected his fields on 26.8.2016 and found that only 60% of the plants were of the variety PB 1509 and the remaining 40% of the plants being of variety PB 1121.  The complainant thereafter approached the concerned District Forum by way of a consumer complaint, seeking compensation.

2.      The complaint was resisted by the petitioner primary on the ground that the crop was dependent upon several factors, including seed quality, agro climate condition, type of soil, water and irrigation facility and effective use of fertilizers etc.  It was also stated in the reply that the Haryana State Seed Certification Agency had issued a certificate dated 30.3.2016 certifying the quality of the seeds.  It was also stated in the reply filed by the petitioner that the complainant had not followed the agronomical instructions, since 22 kg.  seeds would be planted only in two acres of land whereas the complainant had planted them in four acres of land.

3.      The District Forum allowed the consumer complaint and directed the petitioner to pay a sum of Rs.40,000/- to the complainant.  The compensation awarded by the District Forum being Rs.10,000/- per acres.

4.      The petitioner did not challenge the order passed by the District Forum.  The complainant however, filed an appeal before the concerned State Commission, seeking enhancement of the compensation.  Vide impugned order dated 12.7.2018, the State Commission enhanced the compensation to Rs.20,000/- per acre.  Being aggrieve the petitioner is before this Commission.

5.      Since the order passed by the District Forum was not assailed by the petitioner by preferring an appeal before the concerned State Commission, the only question which arises for consideration in this case is as to whether the enhancement of the compensation by the State Commission was justified or not.

6.      The inspection report submitted by the three officers of Agriculture Department, including the quality control inspector, would show that there was adulteration in the seeds to the extent of 40%, since only 60% plants were found to be of variety PB 1509.  It was reported by the aforesaid team that as a result of the adulteration in the seeds, the complainant would have to get the crop harvested twice, since the crop of the variety PB 1509 matures 20-25 days before the crop of the variety PB 1121 mature.  It was further reported that the complainant would be deprived of sowing sugarcane crop in the next season and he will also get lesser price for the crop on account of the adulteration.  Considering the extent of the loss suffered by the complainant, the compensation awarded by the State Commission, in my opinion, does not call for any interference by this Commission in exercise of its revisional jurisdiction, the total compensation being only Rs.80,000/- despite adulteration to the extent of 40%.   The revision petition being devoid of any merit is hereby dismissed, with no order as to costs.