This C.D coming on before us for final hearing, on 24-10-2007   in the presence of Sri.K.Rama Rao, Advocate for the complainant and in the presence of Sri. I.Venkateswarlu, Advocate for the opposite party No-1 and in the presence of Sri. A.Sarath Chander, Advocate for the opposite party No-2. ;upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Smt.V.Vijaya Rekha, Member )

1.         This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986 with the following averments;

2.         The brief facts of the   complaint are as under;

            The complainant who is an agriculturist, resident of  Jellacheruvu(v),                          Kusumanchi Mandal, Khammam District, prepared his ownland of Ac.1.30gts in Sy.No.410, for sowing Chilli Seeds  and purchased 12 packets of Mahyco Hybrid  Tejaswini  Seeds from opposite party No-1 on 9-7-05 by paying an amount of Rs.2,280/- by obtaining bill from opposite party No-1 and the

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complainant sowed the said seeds in his field by using required pesticides and fertilizers by taking  all precautions as needed and after that the complainant noticed that the crop was not grown properly  and found some of chilies in yellow colour and the complainant also mentioned in the complaint that the Chillies were different in size and suspected less yielding due to the defective seeds produced and marketed  by opposite party No-2 and as such the complainant filed the complaint by claiming Rs.75,000/- towards loss of crop and damages and also costs from the opposite parties.

3.        Along with the complaint the complainant filed his affidavit  and also filed (i) Representation letter to the M.A.O. dated 24-1-06 by the complainant (ii) xerox copy of bill dated 9-7-05 for Rs.2,280/- issued by opposite party No.1 (iii) Two photographs of chilli crop (iv) Chilli Seed Sachets 9 in Number.

4.         After receipt of notice by this Forum the opposite parties appeared through their counsels and the opposite party No-2 filed counter by denying the allegations leveled against it in the complaint, and the opposite party No-1 adopted the same by filing the memo.

5.     In the counter the opposite party No-2 mentioned that the complainant field the complaint in the month of February 2006, i.e., after completion of the crop period  and the genetic purity of the seeds cannot be assessed and further mentioned that the  complainant failed to file any scientific report to prove his claim and as such prayed to dismiss the complaint.  In the counter the opposite party No-2 further mentioned that the complainant did not send samples of the seeds for analysis as per the procedure laid down  u/s 13 (1) of C.P.Act and thus the opposite party No-2 questioned the very maintainability of the complaint and further the opposite party No-2 raised an objection regarding the non-filing of original bill pertaining to the purchase of the chilli seeds and also stated that failure of crop is only due to poor agricultural practices followed by

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the complainant, and failure to take proper steps for irrigation and use of timely manure, fertilizers, pesticides, insecticides and sprayers, as such  prayed to dismiss the complaint.

6.     Along with the counter the opposite party No-2 filed xerox copies of (i) Germination analysis report dated 29-7-2004 (ii)Germination analysis report dated 17-7-2004(iii)Indian Institute of Horticulture report on Viral and Mycoplasmal Diseases of Vegetable Crop (page No.99 to110) & Deceases of Vegetable Crop (page No.133 to 145)(iv) copy of certificate of Ministry of Science and Technology dated 23-3-2004(v)xerox copy of  certificate dated 20-7-2005 issued by I.S.T.A.  and also filed rulings of higher Forums.

7.         Inview of the above submissions made by the both parties now the point for consideration is whether the complainant is entitled  to any relief as prayed or not?

8.     As seen from the complaint the complainant who alleges that he purchased Mahyco Hybrid  Seeds, Tejaswini Variety from the opposite party No-1  filed the complaint along with xerox copy of bill purported to have been given by opposite party No-1, but did not filed original bill in the course of time mentioned  that he lost the original bill even did not choose to produce any proof to that effect and failed to adduce any evidence regarding the purchase  of the seeds from the opposite party No-1, and moreover the complainant who filed the present complaint did not even choose to file any proof regarding the sowing of seeds in his field by way of filing reports from revenue or agricultural officers to that effect.  Moreover, the complainant who alleges that the crop loss was due to the defective seeds produced and marketed by opposite party No-2 and sold by opposite party No-1  failed  to take any steps to prove that the seeds sown were of defective quality.  The complainant even did not taken any steps for inspection of existing crop in his field through an agricultural officer.  The

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complainant who filed a petition before the Forum for appointment of an Advocate Commissioner, did not turn up on the day when the petition was called and the I.A. filed for appointment of Commissioner advocate was dismissed for default on 15-5-06.  The above facts would definitely goes to show that the complainant who filed the complaint against the opposite parties, did not choose to   prove his case by way of filing   necessary documents.  In the absence of any proof regarding the defective quality of seeds, this Forum cannot fasten any liability on the opposite parties for the loss of crop sustained  by the complainant and as such the point is answered accordingly against the complainant, by holding that the complainant is not entitled to any relief as prayed.  

9.     In the result the C.C. is dismissed.  There is no order as to costs.

Dictated  to Stenographer transcribed by her, Corrected and pronounced by us, in this Forum on this 26th    day of October, 2007.

                                                                   President            Member              Member

                                                                         District Consumers Forum, Khammam

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR

Complainant                                                                                     Opposite parties

Nil                                                                                                        Nil

DOCUMENTS MARKED FOR

Complainant

            Nil                                                                   Opposite parties

                                                                                              Nil                                                                                                                                       

                                                        President             Member             Member                                                             District Consumers Forum, Khammam