1. The complaint in brief is as follows. The Complainant has been engaged four years in plantain cultivation in the lease land of one doctor Manmohan. The Complainant cultivated Rs.1,400/- plantain seeds. At the time of planting seeds as directed by the 1st Opposite Party, the Complainant had given ½ kg of the “golden meal” produced by the 2nd Opposite Party as the base fertilizer. The complainant along with other cultivators named K.P. Sunny and P.R. Pradheep purchased 225 bags of the organic fertilizer. Two months after cultivation, since the seeds were not germinated, the Complainant had taken out the seeds and on examination found that seeds was decayed. The non germination and decay of the seeds ware resulted on the application of the organic fertilizer issued by the 1st Opposite Party which is manufactured by the 2nd Opposite Party. The Complainant had a loan of Rs.4,40,000/- the actual reason for the decay of the plantain seeds and the chemical composition of the soil are to be found out from analysis. According to the Complainant the components of the organic fertilizer is reasoned for the decay of the plantain seeds. The organic fertilizer consists of chemical potash instead of organic potash. <br /> Contd......6)<br /> 6<br /> The salt ratio in the fertilizer is in excess and this may be the reason for the destruction of the cultivation. The Opposite Parties had given misleading and false advertisement of their products which led the Complainant to purchase it. It is an unfair trade practice on the part of the Opposite Party. There may be an order directing the Opposite Party to give Complainant Rs. 5,00,000/- towards the cost and compensation. <br /> <br /> 9. The 1st Opposite Party filed version. The sum up of the version of the Opposite Party is as follows. According to the 1st Opposite Party he has not sold 225 bags of the biological fertilizer to the Complainant. The allegation of the Complainant that in accordance with the direction of the 1st Opposite Party the Complainant had applied ½ kg of the golden meal to 5400 plantain at the time of cultivation is incorrect and as such purchase of the organic fertilizer was done along with one K.P. Sunny and another. All of them purchased 225 bags in total are fully incorrect and hence the 1st Opposite Party denied it. The plantain seeds which were not applied the organic fertilizer as a basic manure showed healthy growth is incorrect. The 1st Opposite Party suspects that in the cultivation of the plantain seeds by the Complainant would have applied any pesticides or chemical beyond necessary quantity and it would have been the reason for the damages and destruction to the cultivation. The Complainant is not entitled for any cost and compensation from this Opposite Party. The amount established for the cost and compensation is incorrect. The Complainant is entitled for any cost and compensation based on <br /> unreasonable speculations. The allegation of the Complainant with respect to the destruction of the plantain seeds, the chemical composition of soil and the chemical analysis of the fertilizer is to be done and realised. The allegation is nothing but unnecessary and motivated with a vested interest. The 1st opposite party is not liable for any cost and compensation as claimed by the Complainant. The complaint is to be dismissed with cost to the 1st Opposite Party.<br /> <br /> <br /> 10. In the version of the 2nd Opposite Party it is contented that the complainant had not purchased organic fertilizer from the Opposite Party. The complaint is filed in collusion with the 1st Opposite Party. The Complainant is bound to establish his case that he has cultivated plantain in the lease land. The Complainant has not produced any documents to show that the organic fertilizer was purchased by the complainant from the 1st opposite party. Nothing is stated in the complaint about the extent of the land and its rent for the lease. The claim of the Complainant that he has spent Rs.11,360/- for the purchase of organic fertilizer is incorrect. The loan estimated by the Complainant is absolutely based on speculations an it is not based on any reasons. The 2nd Opposite Party is a distributor of high quality of organic fertilizer. Ever since the manufacture and the distribution of organicurance the 2nd Opposite Party has not so far sold or distributed substandard fertilizer. There is no unfair trade practice on the part of the 2nd Opposite Party. If any decay of the plantain seeds caused the 2nd Opposite Party is not responsible for it, it would have been due to the excess application of chemicals or due to substandard quality of the plantain seeds. The chemical analysis of the soil in the highly delayed stage will not give any result. The complaint is not maintainable and is to be dismissed with cost to the Opposite Party. COMMON APPENDIX:OP No. 24,25,26 of 2001<br /> Witness examined for complainant:<br /> PW1 Zubair K. Asst. Director of agriculture<br /> PW2 Abdul Rahiman Complainant in OP 25/01<br /> PW3 Sunny Complainant in OP 24/01<br /> PW4 Pradeep Complainant in OP26/01<br /> PW5 Dr. Seethalanathan<br /> Witness examined for opposite parties:<br /> OPW1 K.N. Kesavan Nair Managing Director.<br /> OPW2 Krishnan Agriculturist.<br /> OPW 3 Muraleedharan K.B. <br /> Exhibits marked for complainant:<br /> A1 Advertisement<br /> A2 series Cash Bills<br /> X1 Copy of Soil Analisis Report.<br /> X2 (a) 640th page of Bill Book <br /> X2 (b) 669th page of bill book<br /> X2 © 639th page of bill book<br /> X2 (d) 668th page of bill book<br /> X3 (a) 380th page of Bill Book<br /> X3 (b) 392th page of bill book<br /> X3 © 304th page of bill book<br /> X4 641th page of Bill Book<br /> X5 Commission report Dt. 21.5.2001<br /> X6 Commission report<br /> X7 Commissioner report<br /> Contd...14)<br /> Exhibits marked for opposite parties:<br /> Ext. B1 Marked in the proof affidavit of OP No.2 (Original of leaflet) <br /> Ext. B2 Analatical report<br /> Ext B3 Credit memorandum<br /> Ext. B4 Invoice No. 337<br /> Ext. B5 Invoice No.188<br /> Ext. B6 Despatch advice cum invoice No. 2164<br /> Ext. B7 (a) Copy of certificate Dt. 26.5.97<br /> Ext. B7 (b) Copy of certificate 1998<br /> Ext. B7 © Copy of certificate Dt. 10.10.2001<br /> Ext. B7 (d) Copy of certificate Dt. 30.9.2004<br /> Ext. B7 (e) Copy of certificate Dt. 30.9.04<br /> Ext. B7 (f ) Copy of certificate Dt. 26.10.2007 <br />