Haryana

Ambala

CC/248/2017

Gurdass - Complainant(s)

Versus

M/s Mahindra Agri colutions Ltd - Opp.Party(s)

Ritesh Gupta

05 Sep 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

 

                                                                    Complaint case no.        :  248 of 2017

                                                                    Date of Institution         :  19.07.2017

                                                                    Date of decision   :  05.09.2018

 

 

Gurdass s/o Sh. Balwant Singh aged about 58 years r/o Village Chhoti Bassi, Tehsil Naraingarh, District Ambala.

        ……. Complainant.

 

 

1.       M/s Mahindra Agri Colutions Ltd. Mahindra Towers, Dr. G.M. Bhosle Marg, Mumbai-400018

2.       M/s Saini Beej Bhandar, Shop No.12, New Market, Naraingarh, District Ambala.

 

   .…. Opposite Parties  

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER         

                  

                            

Present:       Sh. Ritesh Gupta, counsel for complainant.

                   Sh. Vipul Singh, Advocate for Op No.1.

Sh. Puran Singh, counsel for OP No.2.

 

 

ORDER:

                   In nutshell, brief facts of the present complaint are that the complainant  had purchased mustard seeds of MU 6565 variety measuring 8.0 kg @ Rs. 220/- per kg from the OP No.2 vide bill no. 696/- dated 25.11.2016 for a sum of Rs. 1760/- and whole of the above amount of Rs. 1760/- was paid by the complainant to the OP No.2 in cash. It  was assured by the OP No.2 to the complainant that the seed of the above variety of mustered  is best one. Thereafter, on the very next day  the seed in question was sowed  in four acres land of first quality situated  in village Chhoti Bassi as per the instruction of Ops and taken care of the same in a better way but the plants of the above referred seed could not be developed fully and remained very small in size and the seeds on the plants could not be developed  properly and caused huge loss to the complainant. The complainant moved an application to the Agriculture Department, Haryana for conducting  the inspection of above said plants and an inspection was conducted by the joint team of tree officers including Sub Divisional Agriculture Officer, Naraingarh, Specialist of seeds (shsya) Ambala,  Agriculture Development Officer(shsya) Naraingarh and submitted  their joint report wherein they have reported that  the mustered plants and seed grown on the plants could not be developed fully and resolutely caused loss to the mustered crop about 95%. It is also worth to mention here that complainant had taken the land in question on lease hold basis @ Rs. 35,000/- per acre for a period of one year and incurred huge amount Rs. 1,30,000/-. In  this way complainant suffered  a loss of Rs. 2,00,000/- in addition to 70,000/- i.e. lease rental amount and also suffered mental agony and harassment etc. The complainant issued a registered A.D. legal notice dated 21.03.2017 to the Ops through his counsel. Hence, the present complaint.

2.                Upon notices, OP No.2 appeared and submitted  written statement and stated that the OP No.2 is a dealerof M/s Bayan Traders Commission Agents, 31, Anaj Mandi, Naraingarh, Distt. Ambala who is the distributor of the company i.e. M/s Mahindra Agri Colutions Ltd. The quality of the mustered is absolutely correct, but it may be the defect in showing the seeds by the farmer or otherwise. There might be defect in the soil or in the sowing tactics and it is the only reason that the mustered could not developed properly as pleaded by the complainant. They further submitted that the OP No.2 was never informed about the inspection allegedly made by the Agricultural Officers.

Upon notices, OP No.1 appeared and submitted  written statement and stated that the seeds provided by the Ops to the OP No.2 were high in quality, which were tested, checked and analyzed by the appropriate testing laboratories/demonstration stations and it was only upon having the same approved  by the experts that the same were sold to OP No.2.  A bare perusal of the Seed testing analysis report issued by the Seed Testing Laboratory, Meerut, shows that the sample of seeds submitted by the OP were found to be of superior quality having high percentage germination and seedlings without any sign of defect/adulteration, whatsoever. They further submitted that the Seed Inspection Report is contrary to our expert report which clearly shows that our seeds have a very high purity ratio. The inspection was conducted without any notice to Ops. They further submitted that the Seed Inspection Report is contrary to our expert report which clearly shows that our seeds have a very high purity ratio. So, there is no deficiency on the part of the OPs and prayed for dismissal of the present complaint.

3.                To prove his version complainant tendered his affidavit as Annexure C-A along with documents as annexure C-1 to C-6 and close his evidence. On the other hand, counsel for OP No.1 has tendered affidavit as Annexure R-A and close his evidence. The counsel for OP No.2 has also tendered affidavit as Annexure R-B and close his evidence.

4.                We have heard learned counsels for both the parties and carefully gone through the case file. It is proved on the file that the complainant has purchased mustard seeds of MU 6565 variety measuring 8.0 kg @ Rs. 220-  per kg from the OP No.2 vide bill no. 696 dated 25.11.2016 for as sum of Rs. 1,760/- as per Annexure C-1 which was sowed in four acres. The complainant alleged that the above referred seeds could not be developed fully and remained very small in size and the seeds on the plants could not be developed properly. Due to this reason the complainant moved an application for inspection of the plants of mustard to the Agricultural Department, Ambala and concerned department has constituted a committee   i. e. tree officer including Sub Divisional Agriculture Officer, Naraingarh and prepared their joint report as under:

vkt fnuakd 12-01-2017 dks dfi foHkkx vEckyk o ukjk;.kx< dh l;aqDr Vhe }kjk vorkj Jh xqjesy flag fuoklh xkao NksVh cLlh rglhy ukjk;.kx< ftyk vEckyk ds pkj ,dM jdck ftlesa ljlksa fdLe ,e-;w-6565 dh fctkbZ dh xbZ gS fdlku }kjk cryk;k x;k dk ekSds ij fujh{k.k fd;k x;k fd Qly xako NksVh cLlh ekStk dh ctk, xkao vdcjiqj ekStk esa fctkbZ dh xbZ gS rFkk fctkbZ fd, x, ljlksa ds ikS/ks ckSus o Qfy;ka dk iw.kZ fodkl ugha gqvk gS, ftlls Qly esa yxHkx 95 izfr’kr uqDlku gqvk gS1”

On the other hand, in the reply of the notice sent by the complainant to the OP No.1 has mentioned that the complainant has not suffered the loss amounting of Rs.2,00,000/- as demanding in the notice Annexure C-3. However, the OP No.1 has admitted the loss in Para No.4 of his reply of the notice Annexure C-6 as under:-

“Further your client’s demand of Rs.2,00,000/- is not appropriate, as the total expenditure incurred by your client, including cultivation and production, comes up to Rs. 1,02,800/- which is way lesser than amount asked for, by your client. For your proper understanding, we have calculated your expenditure below:-

“Total cost of cultivation in 1 acre mustard= 5000/acre.

Production of 6q/acre=Rs.3450/acre.

So, income from 4 Acre land=3450*6*4=Rs. 82800

And expenses incurred was 5000/acre=5000*4=Rs. 20000

Thus, total cost=Rs.1,02,800.”

 

5.                          In view of the aforesaid facts it is clear that the Ops have sold the defective seeds to the complainant. The Op No.1 has assessed the loss amounting Rs.1,02,800/-  as mentioned above. Although, the Ops have taken the contrary plea in the written statement that the complainant has to prove his case with cogent evidence. We are the view that when the Op No.1 being a manufactured company have themselves assessed the loss. So this Forum has no option to accept the version of the OP No. 1 mentioned in the reply and they have assessed the loss of crops but they failed to pay the same. Accordingly, the present complaint is hereby allowed against OP No.1 with cost as assessed Rs.3,000/- The OP No.1 is also directed to pay Rs.1,02,800/- as loss assessed by them along with interest @ 9 % per annum from the date of filing of the complaint till its realization and is directed to comply with the above said directions within thirty days from receipt of copy of the order. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :05.09.2018

 

(PUSHPENDER KUMAR)                   (D.N. ARORA)

                               Member                                      President