BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: ATHYDERABAD.

F.A.No. 1635 

Between

1.                  Guntur, rep. by its Proprietor
       

2.           Main Road, Madhira

Kommineni Narasimha Rao
S/o Sri Laxmaiah, aged about 65 years,
Occ: Agriculture, R/oAnjanapuramVillage
Billpeda Post, Thallada Mandal,
Khammam District

Counsel for the Appellants           

Counsel for the Respondent QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT

&

Oral Order ( As per R.Lakshminarsimha Rao, Member)
    

1.     

2.    `1,440/-.    `95,000/- towards the expected loss of yield and`5,000/- towards compensation.

3.    MangoGarden    

4.     

5.    

1)               Whether the black gram seeds supplied the appellants to the respondent were defective?

2)               To what relief?

6.            AnjanapuramVillage. 

7.    

8.     `3,000/- and the total loss of the black gram, 6.60X3000/- =`90,800/-. The Commissioner had taken into account the statement of the respondent as to the expenditure said to have been incurred by him for fertilizers and pesticides as`6,000/- and the labour charges to be`3,000/-. `28,800/-. 

9.              

10.        III (1998) CPJ 8 (SC)   

“In view of the letter written by the Agricultural Officer to the opposite parties to which they sent no reply it is clear that the same seeds that were purchased from the opposite parties were sown and they did not germinate. In view of the aforesaid letter of the Agricultural Officer, the District Forum felt that the seeds need not be sent for analysis. Moreover, if the opposite parties have disputed that the seeds were not defective they would have applied to the District Forum to send the samples of seeds from the said batch for analysis by appropriate laboratory. But the opposite parties have not chosen to file any application for sending the seeds to any laboratory. Since it is probable that the complainants have sown all the seeds purchased by them, they were not in a position to send seeds for analysis. In these circumstances, the order of the District Forum is not vitiated by the circumstances that it has not on its own accord sent the seeds for analysis by an appropriate laboratory……”

16)             Subsequently in   Lucknow  

“The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful business, described as, `a network of rackets' or a society in which, producers have secured power' to 'rob the rest' and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting against it, is accepting it as part of life. The enactment in these unbelievable yet harsh realities appears to be a silver lining, which may in course of time succeed in checking the rot."

10. The deficiency in service having been established, we will proceed to the amount to which the respondent is entitled to.`22,800/- basing on the oral statement of the respondent that the cost of the seed was`3,000/- per quintal and that`6,000/- towards purchase of fertilizers and pesticides and`3,000/- towards labour charges.   `22,800/- by the commissioner is arbitrary and unjustified. `22,800/- to`12,000/- with interest @ 9% per annum thereon. 

11.    `12,000/- with interest @ 9% per annum from the date of complaint till payment.  

KMK*