NCDRC

NCDRC

RP/2346/2010

SHIVDAS PIRAN DEORE - Complainant(s)

Versus

MAHYCO SEEDS LTD. & ANR. - Opp.Party(s)

MR. PARAG S. KHANKARI

11 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2346 OF 2010
 
(Against the Order dated 21/04/2010 in Appeal No. 1228/2006 of the State Commission Maharastra)
1. SHIVDAS PIRAN DEORE
R/o. At Post Village Wadjai, Taluka
Dhule - 424002
Maharashtra
...........Petitioner(s)
Versus 
1. MAHYCO SEEDS LTD. & ANR.
Resham Bhavan, 78, Veer Nariman Road
Mumbai
Maharashtra
2. SHETI VIKAS SAHITYA AGENCY
Nagarpatti
Dhule - 424001
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 11 Jan 2011
ORDER

Complainant/petitioner purchased 40 kg. of wheat seeds for Rs.720/- and sowed them in his field measuring 40 R.  According to him, there was no germination.  He reported the matter to Agriculture Development Officer (ADO).  Accordingly, on 25.2.2005, the ADO inspected the field of the complainant and took a sample of the field.  Thereafter, complaint was filed before the District Forum.

          District Forum allowed the complaint and directed the respondent to pay Rs.10,000/- to the complainant with interest at the rate of 7% within one month.

          Being, aggrieved, respondent filed appeal before the State Commission, which has set aside the order of the District Forum and dismissed the complaint.  State Commission in its order has held that the petitioner had failed to prove by leading any evidence to show that the seeds supplied were defective. 

Counsel for the petitioner has been heard.

Counsel for the petitioner has put on record the report submitted by the ADO.  After going through the report it is apparent that the ADO has nowhere stated that the seeds were defective.  Prima facie, onus to prove that the seeds were defective, was on the petitioner, which he has failed to discharge by leading any evidence.  No merits.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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