THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 54 of 2015
Date of Institution : 16.1.2015
Date of Decision : 04.08.2015
Gurpreet Singh aged 34 years son of S. Jagir Singh, resident of Village Chamiari, Tehsil Ajnala District Amritsar
...Complainant
Vs.
Mahajan Traders, 15, Chitra Takie Road, Amritsar through its Proprietor/Partner
National Seed Corporation Limited Shop No. 120, Indra Market, G.T. Road, Kharia Mohalla, Old Sabji Mandi, New Delhi through its Director
National Seed Corporation Limited SCO 1024/25, Sector 22-B, Chandigarh, through its Regional Manager
National Seed Corporation Limited, C-25, Focal Point, Bye-Pass, Jalandhar, through its branch manager
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh. Amandeep Singh,Advocate
For the opposite party No.1 : S/Sh.Kuljeet Singh & Manoj Kumar,Advocate
For the opposite parties No.2 to 4 : Sh. Rakesh Kumar Sharma and R.S. Aulakh,Advocate
-2-
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Gurpreet Singh under the provisions of the Consumer Protection Act alleging therein that on 8.5.2014 he purchased seed weighing 30 kg of Pusa 1509 Basmati Mark N.S.C. (National Seed Corporation) from opposite party No.1 vide bill No. 4 dated 8.5.2014. After the purchase of the seeds , complainant sown the said seeds in his land and on the next day he used Nadin Nashak worth Rs. 190/- per 2 kanal i.e. to save the seedlings from unnecessary weeds. The complainant also used Urea and Zinc Sulphate for the preparation of seed beds and upto the preparation of Paniri, the complainant spent about Rs. 4500/-. According to the complainant thereafter he made his 9 acre land alongwith leased land fit for sowing crop and transplanted paddy crop in his land . On 13.6.2014 the complainant transplanted the paddy in his fields costing Rs. 2000/- per acre and also used pesticides worth Rs. 280/- per acre. When the paddy crop was growing, the complainant found that the seed of Pusa 1509 was not proper and of good quality. The complainant moved application to the Chief
-3-
Agriculture Officer on 4.9.2014 who directed the Agriculture Development Officer ,Ajnala to visit the spot, who visited the spot and after enquiry reported that there was mixture of other quality of seed upto 30% to 35% and also reported that Pusa 1509 will be capable for harvest within 10 to 12 days and other crop which was having mixed seed will get more than one month for harvest. The Agriculture Development Officer, Ajnala also reported that due to mixture of the seed the paddy crop could not be ready on one time for harvest . Complainant has alleged that opposite party No.1 in connivance with the opposite parties No.2 to 4 sold the defective seed of Pusa 1509 to the complainant due to which the complainant has suffered loss for more than Rs. 4,00,000/-. Complainant has further alleged that due to non preparation of the crop at one time for harvesting, the complainant could not sow peas crop in his land and in all, the complainant has suffered loss for more than Rs. 7,00,000/-. The complainant approached the opposite parties many times and requested them to pay him the compensation, but they refused to do so. Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite parties to pay Rs. 7,00,000/- regarding the loss suffered by the complainant. Compensation of Rs. 1,00,000/- alongwith litigation expenses were also demanded.
2. On notice opposite parties No.2 to 4 appeared and filed written version in which it was submitted that they are under the control of Central Govt and all the
-4-
production, grading and packing took place in the presence of skilled/technical agricultural officers. It was submitted that as per the recommendation for package of practices for paddy of Punjab Agricultural University, Ludhiana ,8-10 kg seeds are required for one acre land . It was submitted that same seeds were supplied to other suppliers in Punjab & Haryana but not even a single complaint has been received by them. It was submitted that complainant has purchased the seeds from opposite party No.1 and there are also some other complaints against opposite party No.1. Therefore if the seed of best quality is not sold by the opposite party No.1 i.e. Mahajan Traders in that case only opposite party No.1 is liable . Season and time of cultivation or sowing of both the seeds i.e. PUSA 1509 and PUSA 1121 are different which are as under :-
P-1509 Time of Sowing :PUSA 1509- Second fortnight of June
Transplanting :PUSA 1509-Second fortnight of July
Height : 94 cm
Yield : 15.7 quintal per acre
Maturity : PUSA 1509- 125 days after seeding
P-1121 : Time of Sowing :PUSA 1121- first fortnight of June
Transplanting :PUSA 1121- first fortnight of July
Height : 120 cm
Yield : 13.7 quintal per acre
-5-
Maturity : PUSA 1121- 137 days after seeding
3. It was denied that on 8.5.2014 the complainant purchased seed weighing 30 kg seeds of Pusa 1509 Basmati Mark . It was denied that on 9.5.2014 the complainant sowed seed in the evening and also used Nadin Nashak worth Rs. 190/- per 2 Kanal . It was denied that opposite parties No.2 to 4 prepared and manufactured the defective quality of seed of Pusa 1509 and opposite party No.1 in connivance with opposite parties No.2 to 4 sold the defective seed of Pusa 1509 to the complainant due to which the complainant has suffered loss for more than Rs. 4,00,000/-. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Opposite party No.1 in its written version has submitted that they have sold the seeds in sealed conditions. The replying opposite party is only dealer and distributor of opposite parties No. 2 to 4. It was submitted that opposite party No.2 is manufacturer and if there was any defect found in the seeds, the opposite party No.2 is only responsible for the same as the replying opposite party sold the seeds in sealed condition . It was further submitted that complainant has not mentioned the batch number of the seeds, which he had allegedly purchased . The seeds of PUSA 1121 and PUSA 1509 are almost identical and cannot be differentiated by an ordinary person and in this case it seems that the farmer has mixed the seeds with each other. While denying and controverting other allegations, dismissal of complaint was prayed.
-6-
5. Complainant tendered into evidence his affidavit Ex.CW1/A, bill dated 8.5.2014 Ex.C-1,copy of application moved to Chief Agricultural Officer Ex.C-2, copy of application moved to Block Agricultural Officer Ex.C-3, affidavit of Sh. Gurvinder Singh Ex.C-4.
6. Opposite party No.1 affidavit of Sh. Joginder Pal Mahajan Ex.OP1/1, copies of bills Ex.OP1/2, OP1/3 and Ex.OP1/4.
7. Opposite parties No.2 to 4 have tendered affidavit of Sh.Bal Kishan Dhiman, Manager Ex.OP2,4/1, copy of package of practice for the crop of Punjab Kharif 2013 Ex.OP2,4/2, copy of unfinished agenda of NSC to travel next mile Ex.OP2,4/3, certificate issued by National Seed Corporation Ltd. Ex.OP2,4/4.
8. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the parties with the valuable assistance of the ld.counsel for the parties.
9. From the record i.e.pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant purchased 30 kg Pusa 1509 Basmati Seed (mark NSC) for paddy crop for the area of 9 acre alongwith some other lease land from opposite party No.1 vide bill No. 4 dated 8.5.2014 Ex.C-1. The complainant sowed this seed on 9.5.2014 for the preparation of Paniri by spending amount about Rs. 4500/-. Thereafter on 13.6.2014 complainant planted paddy in his
-7-
land measuring 9 acre alongwith some land on lease taken by the complainant. The complainant used proper pesticides , fertilizers etc. When the paddy crop grown up, the complainant found that the seed of Pusa 1509 sold to him by opposite party No.1 was not proper and of good quality. The complainant moved application to the Chief Agriculture Officer, Amritsar on 4.9.2014 Ex.C-2. Thereafter Agriculture Development Officer Ajnala visited the spot and submitted his report on 9.9.2014 Ex.C-3 submitted that there was mixture of other variety of seed upto 30 to 35% in the seed which was sold to the complainant by opposite party No.1. Through this report Ex.C-3 the Agriculture Development Officer, Ajnala has further reported that Pusa 1509 will be capable for harvesting within 10-12 days, whereas the other crop having mixed seed will get ready for harvesting after about one month. Ld.counsel for the complainant submitted that opposite party No.2 to 4 prepared and manufactured defective quality of seed of Pusa 1509 and sold the same to the complainant through opposite party No.1, as a result of which the complainant had suffered loss for more than Rs. 4 lacs. All this amounts to deficiency of service on the part of the opposite parties qua the complainant.
10. Whereas case of opposite party No.1 is that they are only the dealer of opposite parties No.2 to 4, who manufactured all the seeds. Opposite party No.1 used to sell the seeds in proper sealed packs. Opposite party No.1 purchased the seeds in sealed packsfrom opposite parties No. 2 to 4 vide bills No.6119 dated 6.5.2014
-8-
Ex.OP1/2, 6144 dated 23.4.2014 Ex.OP1/3 and 6152 dated 14.5.2014 Ex.OP1/4 respectively and sold the same in sealed condition to the complainant. Therefore, opposite party No.1 is not liable for defect, if any in the seeds.
11. Whereas case of opposite parties No.2 to 4 is that National Seeds Corporation Ltd is under the control of Central Government and all its production, grading and packing took place in presence of skilled/technical agricultural officers. The seed bags are properly tested and given batch number under the supervision of skilled/expert agricultural officers. As per the instructions Ex.OP2 to 4/2 of Punjab Agricultural University Ludhiana, 8-10 kg seeds are required for one acre land. But the complainant purchased only 30 kgs of PUSA 1509 seed for 9 acres for his own land + other land taken by the complainant on lease i.e. for more than 9 acres of land . As per the aforesaid norms, the seed was required about 72 kg. Opposite parties No.2 to 4 further submitted that as per instructions of Punjab Agriculture University ,Ludhiana Ex.OP2,3,4/2 time of sowing of Pusa 1509 is second fortnight of June and the time of transplanting of paddy is second fortnight of July, whereas as per the complainant's version in his complaint, complainant sowed Pusa 1509 seed for Paniri on 9.5.2014 i.e. one month prior to better time and he transplanted the same on 13.6.2014, whereas the actual time of transplant is second fortnight of July.. The complainant has also not got tested the seeds of opposite parties No.2 to 4 in sealed packs allegedly purchased from opposite party No.1, from any
-9-
Laboratory to point out that there was any defect or adulteration in the seed of PUSA 1509 allegedly purchased by the complainant from opposite party No.1 vide bill Ex.C-12 in sealed bags. Ld.counsel for opposite parties No.2 to 4 submitted that complainant has failed to prove on record any adulteration made by the opposite party in the sealed packs of the seeds , as such there is no deficiency of service on the part of the opposite parties qua the complainant.
12. From the entire above discussion, we have come to the conclusion that complainant purchased 30 kg of seeds of Pusa 1509 for the paddy crop for the area 9 acres land of the complainant plus some other land taken on lease by the complainant as stated by the complainant himself in his complaint, vide bill dated 8.5.2014 Ex.C-1 from opposite party No. 1 in sealed packets of opposite parties No.2 to 4 i.e.National Seeds Corporation Ltd. The complainant has sown the said 30 kg seed of PUSA 1509 and transplanted the plants in his more than 9 acres of land . When the crop matured at the stage of fruit, it came to the notice of the complainant that there was adulteration/mixture of PUSA 1509 and other variety. The complainant purchased this seed from opposite party No.1 in sealed packets which were manufactured/prepared by opposite parties No.2 to 4, as such no liability can be fastened on opposite party No.1 regarding any defect in the seed as opposite party No.1 sold the seed in sealed packets of opposite parties No.2 to 4. As per complainant's version there were two different types of plants i.e. Pusa 1509
-10-
and some other variety. The complainant approached Chief Agriculture Development Officer, Amritsar vide application Ex.C-2 dated 4.9.2014, who directed the Agriculture Development Officer, Ajnala to inspect the spot and submit his report. Resultantly Agriculture Development Officer, Ajnala visited the spot and submitted his report Ex.C-3 dated 9.9.2014 in which he submitted that the complainant had sown Pusa 1509 seed in question in his 9 acres of land. However, the matured crop shows 30 to 35% crop of some other variety than Pusa 1509. He further submitted that the crop of Basmati 1509 would be fit for harvesting after 10-12 days,whereas the other variety would take about one month for harvesting. Further there is also possibility of less yield of 5 to 6 quintal per acre.
13. The entire documentary evidence produced by the complainant fully proves that he purchased only 30 kg of seed of PUSA 1509 for his more than 9 acres of land, whereas as per instructions and recommendations of Punjab Agriculture University Ludhiana, 8 kg to 10 kg seed is required for 1 acre of land (as per norms of Agricultural recommendations). As such for proper plantation atleast 72 kg seed was required for 9 acres of land of the complainant. But the complainant has purchased only 30 kg of seeds. All this proves that the complainant might have mixed some other variety seed with seed of Pusa 1509 otherwise crop could not have been planted in more than 9 acres of land, as alleged by the complainant himself. Apart from this as per instructions of Punjab Agricultural University,
-11-
Ludhiana (Kharif season package and practice) Ex.OP2,3,4/1 time of sowing of PUSA 1509 is second fortnight of June and time of transplantation of plants is second fortnight of July, whereas the complainant has sown this seed on 9.5.2014 i.e. one month prior to time of sowing of Pusa 1509 and he transplanted the plants on 13.6.2014,whereas time for transplantation of the plants is second fortnight of July, As such the complainant also failed to comply with the norms/recommendations of Punjab Agriculture University, Ludhiana. The complainant has also failed to get tested the packets of seeds allegedly purchased from opposite party No.1, from any Laboratory to find out whether there was any defect or adulteration in the packed seed of PUSA 1509 manufactured by opposite parties No.2 to 4 i.e. National Seed Corporation Ltd. and allegedly purchased by the complainant from opposite party No.1 in sealed packets. The complainant has also not mentioned the batch number of the sealed packets of the seed PUSA 1509 allegedly prepared/packed by opposite parties No.2 to 4 National Seed Corporation Ltd. nor the complainant has mentioned the date of its packing, etc. So the complainant has failed to prove on record that the seeds of PUSA 1509 purchased by the complainant from opposite party No.1 in sealed packets of opposite parties No.2 to 4 , were adulterated or mixed with any other variety. As such we hold that complainant has failed to prove any deficiency of service on the part of the opposite parties qua the complainant.
-12-
14. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
4.8.2015 ( Bhupinder Singh )
President
/R/ ( Kulwant Kaur Bajwa) ( Anoop Sharma)
Member Member
