BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 16th DAY OF JULY 2021
PRESENT
SRI RAVI SHANKAR – JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI - MEMBER
COMPLAINT NOS. 82-88/2014
Complainant in complaint No.82/2014
Lingaraj S/o. Basavantappa Angadi
Age: 41 years, Occ: Agriculture,
R/o. Belavanaki Tq. Ron, Dist. Gadag.
Complainant in complaint No.83/2014
Lingabasappa alias Ningabasappa
S/o. Nagappa Marigoudar @ Tegginakeri,
R/o. Belavanaki Tq. Ron Dist. Gadag.
Complainants in complaint No.84/2014
1. Channabasappa, 62 Yrs
S/o. Nagappa Marigoudar
2. Shivaleela
W/o. Channabasappa Marigoudar
Both are R/o. Belavanaki
Tq. Ron, Dist. Gadag.
Complainant in complaint No.85/2014
Mailarappa S/o. Siddappa Gudli
R/o. Belavanaki Tq. Ron, Dist. Gadag.
Complainants in complaint No.86/2014
1. Vasudev, 35 YEARS
S/o Sannappa Majumdar
2. Manjunath, 33 YEARS
S/o. Pathreppa Chared
Both are R/o. Belavanaki
Tq. Ron, Dist. Gadag
Complainant in complaint No.87/2014
Shrishailappa
S/o.Shivabasappa Vaddatti
Age: 35 years, Occ: Agriculture,
R/o. Belavanaki Tq. Ron, Dist. Gadag.
Complainant in complaint No.88/2014
Shivappa, 42 Years
S/o. Sangappa Sajjanar
R/o. Belavanaki Tq. Ron, Dist. Gadag.
V/s
1. Managing Director, Galantry Seeds Pvt.
Mahalaxmi Market Yard, Pune 411037.
2. Proprietor, M/s. Patil Agri Bio-Tech
Pattansetty Building, Near Sharada Lodge, Bagalkot
……….Opposite Parties are same in all the complaints
:COMMON ORDERS:
BY SRI RAVISHANKAR – JUDICIAL MEMBER
The Opposite Parties are same in all the complaints and the facts involved in the complaints are one and the same. Hence, for the sake of convenience all these complaints have taken up together to pass a common order.
2. The complainants have filed these complaints against the Opposite Party Nos. 1 & 2 alleging unfair trade practice in selling the defective onion seeds which resulted in loss of yield. Hence, prays for compensation along with cost and other reliefs.
3. The brief facts of the complaint is that:-
The complainants have purchased the Onion Royal Red Seeds from Opposite Party No.2 who is authorized dealer of Opposite Party No.1 and they have sowed the said onion seeds in their respective agricultural land in the month of July-2013. The complainants also applied a manure called (DAP – IFFCO) in their fields. But after sowing, they noticed even after 45 days there was no germination of the onion crop in the field of the complainants. The said non germination of the said onion seeds is only due to defective seeds. Immediately, the complainants have approached the Opposite Party No.1 and also approached the Assistant Director of Horticulture Rona and submitted an application on 12.09.2013. Thereafter on 12.11.2013 they have sent a report to the Assistant Director of Horticulture, Roan stating that there is lack of non-viability of seeds which resulted in yield of crop to the tune of 5-15% only. Hence, the complainants allege that Opposite Party Nos. 1 & 2 have sold a defective seeds which resulted in loss of yield. The complainants further allege that in the month of October to December 2013 the farmers of Belavanaki Village who raise onion crops by different company seeds have got good yield of 60-65 quintals per acre and good price of Rs.8,000/- to 10,000/- thousand per quintal for the onion crop. Hence, the complainants allege that due to lack of crop they suffered financial loss. Hence, prays for compensation towards the loss of onion crop at the rate of 8-10 thousand per quintal.
4. After service of notice, the Opposite Party Nos. 1 did not appear before the Commission; hence he placed Ex-parte. One Sri.K.V.H., Advocate files power for Opposite Party No.2, but not filed the version and affidavit evidence. The complainants have filed their affidavit evidence and marked the documents.
5. We have heard the arguments.
On going through the pleadings, affidavits and documents produced by the complainants, we noticed that the complainants have purchased the Royal Red onion seeds from the Opposite Party No.2 who is authorized dealer of Opposite Party No.1 and sowed the said seeds in their respective lands, but after sowing, even after 45 days, the opinion crop was not up-to the mark. Immediately, they have complained to Opposite Party Nos. 1 & 2 and also informed to the University of Agricultural Sciences, Dharwad for inspection. Accordingly, after inspection, the University of Agricultural Sciences, Dharwad have issued a report. On going through the said report, we noticed that they have given an opinion that probable loss is due to three reasons:
- Lack of moisture in the field at the time of sowing seeds,
- Lack of viability of seeds, and
- Deep sowing in the field.
and come to the conclusion that due to the above said probable reasons, the complainants have suffered loss of onion crop and also gave an opinion that the crop stands in the field as on 29.10.2013 was 5-15% only and also gave an opinion that the age of the crop is 3 months old. Hence, we are of the opinion that lack of viability of the seeds is one of the reasons for loss of onion crop to some extent. It is also noticed that the farmers/complainants might have sowed the onion seeds in a deep in the field and there might be a chances of lack of moisture in the field at the time of sowing. The complainants at the time of sowing seeds should verify the climate, whereas they have failed to notice the climate. Hence, there is a contributory negligence found on the side of the complainants at the time of sowing the onion seeds. Anyhow considering the loss suffered by the complainants and non-viability seeds sold by Opposite Party Nos. 1 & 2, it is just and proper to award Rs.50,000/- Per Acre towards loss suffered by the complainants.
6. Further, the complainants have produced one document to show the rate of onion is Rs.8,000-10,000/- per quintal during 2013. But without evidence in this regard, that cannot be appreciated. Hence, the claim has to be settled at the rate of Rs.50,000/- per acre as global compensation per acre. The complainants are entitled to get a compensation towards unfair trade practice to the tune of Rs.25,000/- each and litigation expenses of Rs.5,000/- each. Accordingly, we proceed to pass the following:-
:ORDER:
The complaint Nos.82-88/2014 are allowed with costs.
The Opposite Parties are jointly and severally directed to pay Rs.50,000/- per acre towards loss of crop to the respective complainants.
The Opposite Parties are also jointly and severally directed to pay Rs.25,000/- each towards unfair trade practice and Rs.5,000/- each to the complainants towards cost of the proceedings.
The Opposite Parties are directed to comply the above order within 30 days from the date of this order, failing which the said amount carries interest @ 6% PA from the date of complaint till realization.
The complainants are at liberty to initiate recovery proceedings as per the Consumer Protection Act if the Opposite Parties failed to comply the above order.
Sd/- Sd/-
Lady Member. Judicial Member.
Tss
