Haryana

Bhiwani

CC/5/2020

Ramphal - Complainant(s)

Versus

M/s Green well - Opp.Party(s)

Balbir Singh

16 Jul 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

               Complaint Case No. :  05 of 2020

                                                                  Date of Institution    :  16.01.2020

                                                                        Date of Decision      :  16.07.2024    

 

Ramphal son of Sh. Rai Singh R/o village Pahari, Tehsil Loharu, District Bhiwani (Haryana).

          ..…Complainant.

 

  Versus

 

1.M/s Well Green Kishan Bazar (Nakipur) Dhigawa-Behal Road, Near HP Pump, village Nakipur, Tehsil Loharu, District Bhiwani through its Prop/authorized signatory.

 

2.M/s Well Green Kishan Bazar Pvt. Ltd., Plot No.69, Shiv Enclave, Dabra to Cameri Road (Kaimri Road), Hisar, Tehsil and District Hisar-125005 (Haryana).

 

                                                                                .…Opposite Parties.

   

Complaint under Section 12 of the Consumer Protection  Act, 1986.

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:        Sh. Balbir Singh, Advocate for complainant.                                            Sh. H.S. Paharia, Advocate for OPs.

 

ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER

 

1.              Brief facts of the present complaint are that complainant is an agriculturist and purchased pesticides namely ACIFATE 1 Kg. in Rs.500/- and TTACK 500 Ml. in Rs.500/- from OP No.1 vide invoice dated 20.08.2019. It is alleged that on applying the pesticides on cotton crop, it became damaged/burnt. So, complainant approached the OP No.1 but no solution came out. Then, complainant made a complaint, upon which, officers of Agriculture Department, Bhiwani made investigations and submitted their report dated 09.09.2019. Thereafter, legal notice dated 18.11.2019 was served upon the OPs but of no avail.  Hence, the present complaint has been preferred by complainant alleging deficiency in service resulting into monetary loss besides mental and physical harassment. In the end, prayer has been made to direct the OPs to pay Rs.2.00 lac as compensation on account of loss to the crop alongwith interest @ 18% per annum from the day of accrual till realization. Further to pay Rs.50,000/- as compensation for harassment. Any other relief to which this Commission deems fit has also been sought.

2.              Written statement to the complaint filed on behalf of OPs raising preliminary objections qua maintainability of complaint, suppression of material facts and mis-joinder and non-joinder of necessary parties. On merits, it is submitted that the products were sold to complainant by it but were not manufactured by it and also placed on record invoice/bill from where it has purchased the product. It is urged that complainant has not submitted any report of insecticide/pesticide analyst to prove the factum of complaint. On the contrary, OPs have placed on record report of Insecticide Analyst and affidavits of some other farmers on record in support of their defence. It is submitted that complainant has also not placed on record copy of jamabandi and khasra girdawari regarding sowing of cotton crop. In the end, denied for any loss to the complainant and deficiency in service on its part. And prayed for dismissal of the complaint with costs.

3.              In evidence of complainant, his affidavit Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-6 and closed the evidence on 04.08.2022 and also filed document Ex. C-7 in additional evidence and closed the evidence on 25.04.2024.

4.              On the other side, in evidence of OPs documents Annexure R-1 to Annexure R-4 were tendered and closed the evidence on 19.05.2023.

5.              We have heard final arguments from both the sides and have gone through the entire case file minutely.

6.                 It is admitted by OPs that complainant purchased the pesticides from it and this fact is also clear from invoice (Annexure C-1).  Ld. counsel for OPs has argued that the loss, if any occurred to complainant due to non-following of instructions for spraying the pesticides/insecticide otherwise it is permissible to use as per report of Insecticide Analyst (Annexure R-1). It is also argued that as per affidavits of other farmers of same and nearly village of complainant, no loss to them has occurred on applying the alleged pesticides/insecticides. On the other side, learned counsel for complainant, in support of his case, has drawn our attention to an inspection report of Agriculture Department (Annexure C-7 pg.6) which reveals that there was 65-70% loss to the cotton crop of complainant due to spray of the pesticides namely Acephate & Attack, in 3 acres of land.

7.                 After hearing learned counsels for the parties and entire material on record, it is clear that the loss to the cotton crop of complainant occurred due to spraying of the alleged pesticides. Thus, taking an average rate of cotton in the year 2019 as Rs.5500/- per quintal and assessing average yield in one acre about 10 quintal, as such, the total production in terms of money comes to Rs.1,65,000/-. As per inspection report (Annexure C-7), loss to the cotton crop was to the extent of 65-70%, as such, the complainant has suffered loss of Rs.1,15,500/- on account of his damaged crop. In such a situation, complaint must have suffered mental pains and agonies at the hands of OPs for which complainant is also entitled for compensation. Accordingly, the complaint is allowed and OPs, jointly and severally, are directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.1,15,500/- (Rs. One lac fifteen thousand five hundred) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)      Also to pay a sum of Rs.10,000/- (Rs.Ten thousand) as compensation on account of mental and physical harassment.

(iii)     Further, to pay a sum of Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OPs shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default.                     If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:16.07.2024