The Complainant Manindra Mandal has filed this case under Section 35 (1) (a) / 34 (1) Read with Section 34(2) (b) & (c) of the Consumer Protection Act, 2019 against the O.P’s.
The complainant by filing this case praying for a Direction against the O.P. No. 1 & 2 to pay a sum of Rs. 57,850/- (Rupees Fifty Seven Thousand Eight Hundred Fifty Only) which was received from the complainant for sale of potato seeds along with Rs. 46,860/- (Rupees Forty Six Thousand Eight Hundred Sixty Only) + Rs. 5,880- (Rupees Five Thousand Eight Hundred Eighty Only) spent by the complainant for purchasing fertilizer. The complainant has also prayed for a sum of Rs. 1,00,000/- (Rupees One Lakh Only) from the O.P. No. 1 & 2 for practicing Unfair Trade Practice and for causing harassment , pain and agony to the complainant. He also prays for a direction against the O.P. No. 1 & 2 for a sum of Rs. 80,000/- (Rupees Eighty Thousand Only) for the loss suffered by the complainant and also prays for a sum of the 50,000/- (Rupees Fifty Thousand Only) towards the cost of litigation along with interest @ 12%.
Notice was sent from this Commission to the O.P’s. which was duly served on them. On receipt of notice the O.P. No. 1 & Proforma O.P. No. 4 appeared before this Forum. But neither the O.P. No. 1 & 2 nor the Proforma O.P. No. 3 & 5 filed Written Version to falsify the case of the complainant.
The brief facts of the case is that, the complainant is a consumer with the meaning of Consumer Protection Act, 2019 and he is a farmer, purchased potato seeds from the O.P. No. 1, who is a renowned Potato Merchant and Trader. The complainant purchased 13 (Thirteen) bags potato seeds from the O.P. No. 1 on 21.11.2020 and gave a sum of Rs. 57,850/- (Rupees Fifty Seven Thousand Eight Hundred Fifty Only) for which the O.P. No. 1 issue the Cash Memo dt. 21.11.2020. The complainant obtained loan from the bank and purchased the fertilizer from the Proforma O.P. No. 3 by paying a sum of Rs. 46,860/- (Rupees Forty Six Thousand Eight Hundred Sixty Only) on 17.11.2020 and Rs. 5,880/- (Rupees Five Thousand Eight Hundred Eighty Only) on 20.12.2020. Proforma O.P. No. 3 issued Two (02) Cash Memo on 17.11.2020 and 20.12.2020 in the name of complainant. The complainant in his complaint has also alleged that the O.P. at the time of selling of potato seeds to the complainant told that, the seeds which were sold to the complainant would yield not less than 100 bags of saleable potato per bigha of land and the complainant would get profit of Rs. 2,50,000/-( Rupees Two Lakh Fifty Thousand Only) at the end of season. But within one month, the complainant noticed that the potato plants which had come up was wilting, many of the plants started wilting and the complainant sought for advice of the Proforma O.P. No. 4 and as per instruction of Proforma O.P. No. 4, Proform O.P. No. 5 visited the fields of the complainant on 30.12.2020 and gave a written report that the reason may be ill health of the potato seeds.
Therefore, the complainant went to the O.P. No. 1, told him about the misery and told the O.P. No. 1 & 2 that the loss sustained by him should bear by the O.P. No. 1 & 2 . But those O.P. No. 1 & 2 refused and also told that seeds once supplied was not a liability of the O.P. No. 1 or 2. The complainant in his complaint has also stated that the O.P. No. 1 & 2 resorted to gross and deliberate Unfair Trade Practice by deceitfully selling of substandard potato seeds to the complainant and for which the complainant sustained monetary loss, enormous harassment, pain and agony.
Points for consideration
- Whether the complainant is a consumer?
- Whether the case is maintainable under the C.P. Act 2019?
- Whether there is any deficiency in service in the part of the O.P. as alleged by the complainant?
- Is the complainant entitled to get any award and relief as prayed for as per the prayer of the complaint?
Decision with reasons
All the points are taken up together for discussion to avoid unnecessary repetition and for the sake of convenience and brevity of this case .
In order to prove the case the Complainant has filed an application towards written deposition in chief and also files some documents which are stated as Annexure 1to 4.
List of Annexure filed by the Complainant
- Photo Copy of Money receipt dt. 21.11.2020 issued on behalf of Maa Lakshmi Potato Company as Annexure-1.
- Photo Copy of Truthful Potato Tubers as Annexure-2.
- Photo Copy of Money receipt for the sum of Rs. 40,980/- (Rupees Forty Thousand Nine Hundred Eighty Only) issued on behalf of Dutta Enterprize dt.17.11.2020 along with another money receipt dated 20.12.2020 for the sum of Rs. 5,880/- (Rupees Five Thousand Eight Hundred Eighty Only) as Annexure-3.
- Submission of field visit Report issued by Krishi Prajukti Sahayak as Annexure-4.
At the time of argument Ld. Advocate of the Complainant submits that they have already filed Brief Notes of Arguments, disclosed everything and the complainant is entitled to get the relief as prayed for.
Now let us see how far the Complainant has been able to prove its case or not.
The Complainant in the Complaint has claimed that he was a consumer as per the basic provisions of Consumer Protection Act 2019.
It is needless to mention here that a Consumer means- any person who buys any goods for a consideration , which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.
In the case in hand it has been proved on the side of the Complainant that he had purchased 13 bags of Potato seeds from the OP No-1 by paying money vide Annexture-1 . Accordingly it can safely be presumed that the Complainant is a consumer.
In the Written Argument, the Complainant has disclosed that the cause of action arose on 21.11.2020 when the Complainant purchased potato seeds from the O.P. No. 1. It is also argued by the Complainant that they have purchased fertilizer from the O.P. No. 3 on 17.11.2020 and on 20.12.2020 for the sum of Rs. 46,860/- (Rupees Forty Six Thousand Eight Hundred Sixty Only) & Rs. 5,880/- (Rupees Five Thousand Eight Hundred Eighty Only). The Complainant in his Written Argument has also disclosed that at the time of selling of potato seeds the O.P. No. 1 told that it would yield not less than 100 Bags of potato Per Bigha of land and after one month from the date of plantation the Complainant noticed that most of the potato plants started wilting, then the Complainant sought advice of Proforma O.P. No. 4. It is also argued that Proforma O.P. No. 4 along with proforma O.P. No. 5 visited the fields of the Complainant on 30.12.2020 and they gave a written report narrating the reasons may be ill health of the potato seeds.
From the Complaint it also reveals that subsequently the Complainant went to the O.P. No. 1 and informed the loss which he sustained due to plantation of substandard potato seeds supplied by the O.P. No. 1. He also disclosed in the Complaint that by plantation of those substandard potato seeds without knowing its quality he sustained huge amount of monetary loss.
Having heard the Ld. Advocate of the complainant and on perusal of the complaint as well as Brief Notes of Argument including the documents annexed by the Complainant it reveals that the Complainant has filed the Complaint by supporting an Affidavit and has stated that he purchased 13 Bags of potato seeds from the O.P. No. 1 for plantation in his land. From the documents annexed with the Complaint it appears that the Annexure-1 specifically proves that the complainant purchased potato seeds amounting to Rs. 57,850/- (Rupees Fifty Seven Thousand Eight Hundred Fifty Only) on 21.11.2020 from the OP No-1 . It is also proved from the Annexure-3 being serial no. 48 dt. 17.11.2020 and serial no. 228 dt. 20.12.2020 that the complainant had also purchases fertilizer amounting to Rs. 40,980/- (Rupees Forty Thousand Nine Hundred Eighty Only) & Rs. 5,880/- (Rupees Five Thousand Eight Hundred Eighty Only).
It is admitted fact from the report of the Proforma O.P. No. 4 which has been narrated as Annexure-4 where the Krishi Projukti Sahayak had visited the field of the Complainant along with Proforma O.P. No. 5 and found the scattered numbers of potato plants in the field and the reason behind the same was due to ill health of potato seeds.
Considering the unchallenged evidence of the Complainant and document annexed by him it is found that the Complainant has been able to prove its case against the O.P. No. 1 to the effect that he supplied substandard potato seeds to the complainant and for which he sustained monetary loss, which is nothing but the unfair trade practice in respect of such selling of substandard Potato seeds to the Complainant.
Accordingly, the Complainant is entitled to get a sum of Rs. 57,850/- (Rupees Fifty Seven Thousand Eight Hundred Fifty Only) as purchase price of Potato seeds + Rs. 40,980/- (Rupees Forty Thousand Nine Hundred Eighty Only) & Rs. 5,880/- (Rupees Five Thousand Eight Hundred Eighty Only) as purchase price of fertilizer from the OP No-1. He is also entitled to litigation costs of Rs. 5,000/- (Rupees Five Thousand Only) from the OP No-1. Considering the mental pain and harassment, the Complainant had to undergo, the Complainant is further entitled to compensation of Rs. 10,000/- (Rupees ten Thousand Only). To deter the O.P. No. 1 from committing such “Unfair Trade Practice”, he should be directed to deposit Rs. 20,000/- (Rupees Twenty Thousand Only) towards Legal Aid Accounts.
Hence it is therefore,
O R D E R E D
That the instant Case being in No- CC /17/2021 be and the same is allowed on merit with costs against the O.P. No. 1 .
The O.P. No. 1 is directed to pay a sum of Rs. 57,850/- (Rupees Fifty Seven Thousand Eight Hundred Fifty Only) + Rs. 40,980/- (Rupees Forty Thousand Nine Hundred Eighty Only) + Rs. 5,880/-(Rupees Five Thousand Eight Hundred Eighty Only) + Rs. 5,000/- (Rupees Five Thousand Only) + Rs. 10,000/-(Rupees ten Thousand Only) = Rs 1,19,710/- ( Rupees One Lakh Nineteen Thousand Seven Hundred and Ten only ) to the Complainant.
To deter the O.P. No. 1 from committing such “Unfair Trade Practice”, he is also directed to deposit Rs. 20,000/- (Rupees Twenty Thousand Only) towards Consumer Legal Aid Fund.
The OP No-1 is directed to pay the said sum of money within one month from this day i/d he will have to pay interest @ 9 % per annum.
The OP No-1 is at liberty to recover the said sum of money from the OP No-2 .
Copy of the Judgement/ Final Order be handed over to the parties free of cost.
