Case No. 202/2021   

IN THE MATTER OF

 Bhisham Pal Singh S/o Madan Lal Singh R/o Gram gvalara Tehsil Ghabhana Aligarh                                        

                                           V/s

1. Manager/Onwer Madhav Seeds Keshav Vihar G.T. Road, Dhanipur Aligarh and Hindustan Beej Savardhan Sanshtha Dukan no.6,7 Lalit Market Purane Bus Stand ke Samane, Aligarh
2. M/s AGRO INPEX CORPORATION, 142 INDRA MARKET, OLD SUBZI Mandi Delhi 110007

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for awarding the amount Rs.400000 as investment in the crops, Rs.400000 as loss of produce, Rs.10000/ as litigation expenses and Rs.100000 for physical and mental sufferings.
2.  Complainant has stated that he visited the shop of op no.1 on 10.12.2020 and enquired about the onion seeds. OP no.1 assured about Nutech (Red Onion) creole imported seeds to give good produce and he purchased the Nutech seeds 9.200 Kg for Rs. 27600. Complainant had sown the seeds in his 16 bigha Khet and spread the pesticide at proper time but the yield was not as per assurance given by the Op and Op adopted the deceptive practice. The produce was 4 bags in place of  80 bags per bigha. When the complainant complained to the OP 1 he misbehaved with him. Complainant had suffered  loss Rs.400000 as per investment made in the crop and further suffered loss of Rs.400000 as loss of produce. Complainant is entitled for Rs.100000 as  compensation for harassment and Rs.10000 for litigation expenses.       
3. Ops stated that the complainant had himself asked the onion seeds shad  creole and the OP no.1 had given the seeds to the complainant belonging to op no.2. The seed was of higher quality and no complaint was received about the seeds. There is no evidence that the seed was sown as per standard and pesticides were spread. Complainant has filed the packets of onion red creole imported seeds whereas Op had sold the onion seed Red creole.    
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit in support of their pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Complainant has stated that he had purchased Nutech Red onion creole imported seeds as per invoice dated 10.12.2020 and he has also stated that he had purchased the red onion creole imported from op no.1 and he has filed the packet of same variety of onion seeds and thus complainant has linked the onion seeds packets with the invoice issued by OP no.1. OP has stated that the onion seeds were purchased by the complainant as per invoice dated 10.12.2020.Thus it is established that complainant had purchased Nutech Red onion creole imported seeds of which he has filed packets on the record. Complainant purchased the seed for Rs.27600 for 16 bigha khet  and he suffered the loss of investment in crop and produce which may be assessed at Rs. 400000 . He is entitled for damages for the price of seeds s.27600 and loss in procurement at Rs.400000 and total Rs.427600. He is also entitled for Rs.50000 for compensation and Rs 10000 as litigation expenses.   
8. The question formulated above is decided in favor of the complainant.
9. We hereby direct the Ops to reimburse the complainant at Rs.427000. Ops shall also pay to complainant Rs.50000 as compensation for harassment and Rs.10000 as litigation expenses.
10. Op shall comply with the direction within 30 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.