Punjab

Ludhiana

CC/15/249

Ajmer Singh - Complainant(s)

Versus

M/s Brar Seeds Store - Opp.Party(s)

Mohd.Aasim Adv.

07 Nov 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

Consumer Complaint No. 249 of 15.04.2015

Date of Decision            :   07.11.2016

Ajmer Singh son of Sh.Sukhdev Singh aged 42 years resident of village Jalalabad, Tehsil Khadoor Sahib, District Taran Taran.

 

….. Complainant

                                                         Versus

M/s Brar Seeds Store, Opp.Gate No.1, Punjab Agricultural University(PAU), Ludhiana through its Partner/Prop.

 

…Opposite party

 

          (Complaint U/s 12 of the Consumer Protection Act, 1986)

 

QUORUM:

SH.G.K.DHIR, PRESIDENT

MRS.VINOD BALA, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant                      :        Sh.Harpreet Singh, Advocate 

For OP                           :        Ex-parte

 

PER G.K.DHIR, PRESIDENT

 

1.                Father of complainant Sh.Sukhdev Singh owns land measuring 1 acre in village Jalalabad, Tehsil Khadoor Sahib, District Taran Taran and the complainant being a small farmer using the said land for earning his livelihood by way of self employment. OP is running a shop of seeds at Ludhiana. Complainant purchased seeds of peas/matar from OP vide invoice No.21782 dated 10.10.2014 of worth of Rs.8000/-. These seeds were purchased for self employment for farming purpose. After sowing of these seeds, the peas/mater did not grow in the plants. Complainant even added manure/khad for the proper growth on the plants and took due care and precaution. Despite all this, the plants could not produce the peas/matars. Thereafter, complainant filed an application with the office of Deputy Director, Horticulture, Taran Taran on 6.1.2015 for inspection of the fields. The said officer formed a committee, who inspected the fields and submitted report dated 9.1.2015 for confirming that peas/matar/dane have not developed because of use of more than one variety of seeds. Complainant purchased only one variety of seeds from OP i.e. AP3 variety, but OP had given the adulterated and mixed variety of seeds, which is inferior to one of the purchased one. Complainant would have earned Rs.80,000/- per acre, but due to supply of mixed and inferior quality of seeds, he could not reap this profit. Complainant has suffered physical and mental harassment and as such, by pleading mis-representation and adoption of unfair trade practice on the part of OP, prayer made for directing OP to refund Rs.8000/-(the price of seeds) with interest @18% per annum. Rs.80,000/- on account of loss of profit, but Rs.25,000/- on account of mental tension and harassment claimed. Even Rs.10,000/- as litigation expenses claimed.

2.                None turned up for OP, despite service and as such, OP was proceeded ex-parte vide orders dated 15.5.2015. Thereafter, application for setting aside the ex-parte order was dismissed vide orders dated 16.9.2015. Appeal preferred against those orders of 16.9.2015 was dismissed by the Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh vide orders dated 7.10.2015 passed in First Appeal No.1079 of 2015 titled as M/s Brar Seeds Store vs. Ajmer Singh. Today, as per report received from office, no stay order received from the Hon’ble State Commission and as such, arguments of counsel for complainant heard.

3.                Complainant in ex-parte evidence tendered his affidavit Ex.CA along with documents Ex.C1 to Ex.C5 and then closed the evidence.

4.                Arguments by counsel for complainant addressed and those were heard. Records gone through carefully.

5.                Bill Ex.C2 shows that complainant after paying Rs.8000/- purchased AP3 Matar Seeds in 2 bags of 40 Kg on 10.10.2014. So, purchase of seeds in question by the complainant from OP is proved by bill Ex.C2. Perusal of copy of jamabandi Ex.C1 reveals that Sh.Sukhdev Singh(father of complainant) has 1/3^rd share in land measuring 72 Kanal 15 Marlas of land. Complainant claims that he is doing faming on 1 acre land out of his father’s land. The purchased seeds were used by the complainant in his fields, but the same was of mixed quality and as such, complainant apprehended as if he has suffered loss, due to which, he had filed an application Ex.C4 with Deputy Director, Horticulture, Taran Taran. The said Deputy Director Horticulture, Taran Taran constituted a committee for inspection of crop of peas.

6.                The Constituted committee submitted report Ex.C5 after inspecting the fields of peas crop. That report Ex.C5 is to the effect that half of the plants of the peas have full fruits thereon, but half of the plants have flowers developed thereon. It is also reported through this report Ex.C5 that fruits have not developed fully because crop has been sown with more than one variety of seeds. So, this report Ex.C5 proves the allegations of the complainant that though, he purchased one variety of seeds of peas namely AP3, but in fact, the seeds supplied to him were of mixed variety. Report Ex.C5 does not speak the loss sustained by the complainant nor any other report produced to show as to how much loss sustained by the complainant due to supply of mixed variety of seeds by the OP to the complainant. So, guess work has to be made qua the sustained loss suffered by the complainant. Report Ex.C5 shows that half of the plants were having fruits thereon and as such, it is not a case of total loss at all. In the absence of any expert report qua the sustained loss, guess work has to be made qua the loss. The Forum not to grant compensation for profit, but it is to provide compensation for sustained loss or for mental harassment.

7.                In case titled as National Seeds Corporation Limited vs. Malda @ Mal Krishan-2015(4)CPJ-54(N.C.), it was found that when the purchased 30 kgs of paddy seeds planted in 6 acres of land found to be of mixed variety resulting in poor growth, then the complainant discharged the onus of proof placed on him to prove that seeds were of defective quality. Allegations of mixing of other variety of seeds confirmed by the expert committee and that is why, order granting compensation of Rs.1 lac to the complainant was held proper in reported case. In the reported case, complainant planted seeds in 6 acres of land, but in the case before us, 1 acre of land used for sowing the defective seeds of mixed variety. That sown seeds gave at least fruits to the extent of half quantity and as such, in view of these facts and circumstances, it is fit and appropriate to allow compensation for mental harassment and sufferings of Rs.7000/-, particularly when the complainant unable to prove as to what exact amount or expenses incurred by him on labour or on adding manure/khad to the fields. If alleged, mixed seeds crop grown did not give proper yield, then allegations of defective seeds proved by the report of Independent Agriculture Officer Committee is the law laid down in case titled as Haryana Seeds Development Corporation Limited vs. Mahavir Singh-2009(2)CPJ-395(N.C.). Independent expert report Ex.C5 proves the case of complainant qua defective nature of the supplied seeds by OP to the complainant. However, those seeds were not defective in entirety but to some extent and as such, it is fit and appropriate to allow compensation of Rs.7000/- for mental harassment and sufferings. Besides, complainant held entitled to refund of whole of the price of seeds, sans interest because he was able to earn half of the expected income due to bearing of fruits on half of the plants as revealed by report Ex.C5. Complainant also entitled to litigation expenses.

8.                As a sequel of the above discussion, complaint ex-parte allowed in terms that Op will refund Rs.8000/-(the price of seeds) and will pay compensation for mental harassment and loss of Rs.7000/-(Rupees Seven thousand only), but litigation expenses of Rs.5000/-(Rupees Five thousand only) to the complainant. Payment of these amounts will be made by OP to the complainant within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules.

9.                File be indexed and consigned to record room.

 

                             (Vinod Bala)                                       (G.K. Dhir)

                                                Member                                                President

Announced in Open Forum                                                          Dated:07.11.2016

Gurpreet Sharma.