Haryana

StateCommission

A/819/2016

RAJ KUMAR ALIAS RAJU - Complainant(s)

Versus

KISHAN SEWA KENDRE - Opp.Party(s)

KULDIP SINGH

16 Jan 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                                 

First Appeal No  :  802 & 819of 2016

Date of Institution:02.9.2016 & 07.9.2016

Date of Decision :  16.01.2017

 

First Appeal No. 802 of 2016

 

1.      M/s Kisan Sewa Kendre through its proprietor Sh. Satpal near Bus Stand, Village Kithana, Distt. Kaithal.

2.      Nuziveedu Seeds Ltd. NSLICON Road No. 12, Banjara Hills, Hyderabad (Telangana)-500034.Raj Kumar @ Raju S/o Sh. Gaje Singh Village Rohera, Tehsil Rajaund, Disst. Karnal.

 

                                      Appellants-opposite parties

Versus

 

Raj Kumar @ Raju S/o Sh. Gaje Singh Village Rohera, Tehsil Rajaund, Disst. Karnal.

 

                                      Respondent-Complainant

First Appeal No. 819 of 2016

 

Raj Kumar @ Raju S/o Sh. Gaje Singh Village Rohera, Tehsil Rajaund, Disst. Karnal.

                                      Appellant-Complainant

Versus

1.      M/s Kisan Sewa Kendre through its proprietor Sh. Satpal near Bus Stand, Village Kithana, Distt. Kaithal.

2.      Nuziveedu Seeds Ltd. NSLICON Road No. 12, Banjara Hills, Hyderabad (Telangana)-500034.

 

                                      Respondents-Opposite Parties

 

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Shri B.M. Bedi, Judicial Member.

                             Shri Diwan Singh Chauhan, Member   

 

Argued by:          Sh. Diwan Singh Adlakha, Advocate for opposite parties

Sh. Kuldip Singh, Advocate for the complainant.

                                                  

O R D E R

 

B.M. BEDI, JUDICIAL MEMBER

 

This order shall dispose of afore-mentioned two appeals bearing No. 802 and 819 of 2016 because they have arisen out of common order dated 08.08.2016 passed by District Consumer Disputes Redressal Forum, Kaithal (in short, ‘District Forum’).

2.      First Appeal No. 802 of 2016 has been filed by M/s Kisan Sewa Kendre and another-opposite parties for setting aside the impugned order and First Appeal No.819 of 2016 has been filed by Raj Kumar @ Raju-complainant for enhancement of compensation.  

3.      Complainant filed complaint alleging that he purchased 6 packets of paddy Shalimar NP 121 (packing of 5 kgs. in each packet)  for Rs.3,000/- vide receipt No.152 dated 28.05.2015. He sowed the seed in his agricultural land after preparing nursery.  He has prepared the land as per instructions of opposite parties. There being uneven growth of the plants, he approached the opposite parties for compensation but with no result.  Thereafter, the complainant approached Deputy Director Agriculture Kaithal on 22.09.2015. The Agriculture Department constituted a team of experts. The team so constituted submitted their report (Exhibit C-9) and estimated the loss to the extent of 25-30%.  The complainant filed complaint under Section 12 of Consumer Protection Act before the District Forum.

4.      The opposite party No.2 contested the complaint inter alia stating that they produced the seed which was sold by opposite party No.1.  It has further stated that the seed sold was not defective or adulterated and was sold after doing proper tests in laboratory regarding its proper limit of germination and its genetic purity and certified by certification agency. It was stated that the improper growth may be on account of various factors including good weather, proper land preparation, proper use of fertilizer at proper interval and proper care of crops.  A plea was also raised that no notice of proposed visit as required under the instructions issued by the Deputy Director Agriculture was issued to the opposite parties before the inspection.

5.      District Forum after hearing parties allowed the complaint and opposite parties are directed to pay Rs.3,500/- per acre i.e. total amount of Rs.21,000/- and refund of Rs.3,000- cost of seed Rs.55,00/- as compensation and litigation expenses.

6.      Parties have been heard and file perused.

7.      Perusal of report of agriculture experts shows that there was mixing of seeds and the complainant suffered financial loss to the extent of 25-30%.  Opposite parties-appellant in First Appeal No.802 of 2016 have not led any evidence in rebuttal to report of expert committee appointed by Agricultural Officers. Therefore, the District Forum has righty assessed the loss to the complainant.  This Commission deems it appropriate that the complainant has been adequately compensated, thus, no case for enhancement of compensation is made out.  The order passed by the District forum requires no interference.  Hence both the appeals are hereby dismissed.

8.      Certified copy of this order be placed in the file of First Appeal No. 819 of 2016.

9.      The statutory amount of Rs.14,750/- deposited at the time of filing the appeal No.802 of 2016 be refunded to the complainant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any

 

 

Announced 16.01.2017 DK

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President