DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

Salinder Singh S/o Sh.Gurdial Singh, R/o village Nardu, Tehsil Rajpura, District Patiala.

                                                                   …………...Complainant

                                      Versus

M/s Krishi Sewa Kender, Shop No.183, New Grain Market, Ambala City (Haryana)

                                                                   …………Opposite Party

Complaint under the Consumer Protection Act

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

PRESENT:                   Sh.Salinder Singh, complainant in person.

                             Sh.R.K.Soni, counsel for opposite party.  

 ORDER                                          

1. The instant complaint is filed by Salinder Singh (hereinafter referred to as the complainant) against M/s Krishi Sewa Kender (hereinafter referred to as the OP/s) under the Consumer Protection Act (for short the Act).
2. Brief facts/averments of the complainant are as under:

That he purchased 20 kgs (5 bags of 4 kgs each) seeds of basmati rice (paddy seeds) from OP for an amount of Rs.2500/-(Rs.125/- per kg) vide bill No.223 dated 18.5.2020.Complainant sow cottage cheese of these seeds in his fields but after some time crop spoiled. Complainant forced to plough his fields again and sow cottage cheese of rice seed again, as a result of which his expenditure increased to double. In this way he suffered loss of Rs.three lacs. Complainant approached OP but they did not reply satisfactorily. It is averred that resident of complainant’s village also purchased these seeds of 1509 basmati from the OP which was also spoiled. There is thus, not only deficiency in service but also unfair trade practice on the part of the OP, which caused financial loss, mental agony and harassment to the complainant. Consequently, payer has been made for acceptance of the complaint.

3. Upon notice, OP appeared through counsel and filed written statement having raised certain preliminary objections. It is pleaded that OP purchased 432 kgs seeds from the manufacturer i.e. Shri Ram Agri Tech India, out of which 240 kgs. Seeds were sold by the OP, regarding which no complaint was received from any of the farmers who purchased the similar seeds. Furthermore complainant has not impleaded manufacturer of the seeds as party.
4. On merits, it is alleged that an employee of company namely Ravi Kumar, Area Sales Officer, inspected the crops and found no defect in the seeds. After denying all other averments, OP prayed for dismissal of complaint.
5. In evidence, complainant has tendered his affidavit,Ex.CA, affidavit of Amarjit Singh, Ex.CB alongwith documents,Ex.C1 copy of Aadhar card, Ex.C2 copy of bill dated 18.5.2020 for Rs.2500/-,Ex.C3 copy of bill dated 7.5.2020 for Rs.2850/- and one CD and closed the evidence.
6. On the other hand, ld. counsel for the OP has tendered in evidence, Ex.OPA affidavit of Gurvinder Singh, Prop.alongwith documents Exs.OP1 to OP4 and closed evidence.
7. We have heard the complainant, ld. counsel for the OP and have also gone through the record of the case, carefully.
8. The grouse of the complainant is that seeds of basmati rice purchased from Krishi Sewa Kender (OP) were not upto mark as a result of which his crop damaged and he suffered huge loss.
9. From the perusal of record, it transpires that complainant has not placed any document with regard to the purchase of alleged basmati seed from the OP. He has only placed on record copies of tax invoices Exs.C2 and C3, issued in the name of Amarjit Singh. No consent of Amarjit Singh has been brought on record to show that the seeds were handed over to/procured by the complainant from him for sowing in his fields. These documents have no relevance to show that complainant is consumer of OP. Thus complainant has no locus standi to file the instant complaint. He has also not produced any document i.e. copy of  khasra girdwari showing  that he  in the possession of any land where these seeds were sown.
10.  Not only this complainant has not impleaded manufacturer in the array of the OP. Further the seeds were sold in sealed packets and also manufacturer gives guarantee of purity and germination of seeds. In that case also the seller/OP cannot be held liable for any loss suffered by the complainant.
11. The grouse of the complainant is that the seeds were of low quality, as a result of which his crop damaged. It was incumbent upon the complainant to prove his case by way of leading cogent and reliable evidence on the record. He has not examined any expert or produced any expert report on the record.
12. In view of the aforesaid facts and circumstances of the case, we are of the opinion that complainant failed to prove on record that he is the consumer of the OP or that the seeds purchased by him from the OP were of low quality. Thus, we are left with no option but to dismiss the complaint being without any merit. Parties are to bear their own costs.
13.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum for long time.
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                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President