BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Complaint Case no. 03 of 2021
Date of Institution: 07.01.2021
Date of Decision: 02.03.2023.
Rakesh aged about 33 years son of Shri Sher Singh, resident of V.P.O. Shakker Mandori, District Sirsa, Haryana.
………Complainant.
Versus
1. M/s New B.R. & Sons through its Proprietor, Thobria Road, Kuttabadh, District Sirsa, Haryana.
2. Deputy Director of Agriculture, Sirsa, Haryana.
……… Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR………. PRESIDENT
SMT. SUKHDEEP KAUR……………..MEMBER
SH. OM PARKASH TUTEJA… ……….MEMBER
Present: Sh. Rakesh Kashnia, Advocate for complainant.
Sh. Maninder Singh, authorized representative on behalf of opposite party no.1.
Sh. Gurcharan Singh and Sh. Madan Lal, authorized
representatives on behalf of opposite party no.2.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs).
2. In brief, the case of complainant is that complainant has purchased Super Seeder with specifications as 11 Row made by Jaswant manufacturing year 2019-20 having searial number 509 on 25.09.2020 and complainant paid Rs.2,10,000/- vide invoice number 040. That on the said agricultural machine subsidy of the amount of Rs.1,05,000/- is given to the purchaser farmer by the Haryana Government if same are purchased from registered dealers and the dealer has to upload the bill of the agricultural machine to the Haryana Government portal so that farmer can get the subsidy as per Government policy. It is further averred that complainant purchased the Super Seeder from op no.1 and as per Government Policy, he was entitled to receive the subsidy. That when the complainant visited op no.2 to inquire about the subsidy he was told by op no.2 that bill of the above said machine is not uploaded on the portal and he should contacted with the dealer for the same. That in this regard complainant approached the op no.1 on which op no.1 told the complainant that bill has already been uploaded and there is nothing left from his side and he should contact the agriculture department i.e. op no.2. It is further averred that after repeated requests of the complainant, the ops are not paying any heed to redress the grievance of the complainant and due to which complainant is being deprived of the Government subsidy. The complainant is farmer by profession and due to negligence of the ops, the complainant is suffering financial loss as well as mental agony. The complainant is entitled to the above said amount of Rs.1,05,000/- alongwith interest @18% per annum besides compensation for harassment and also litigation expenses. Hence, this complaint.
3. On notice, opposite parties appeared. Op no.1 filed written version raising certain preliminary objections that complaint is neither maintainable nor sustainable in the present form because complaint has been filed just as an abuse of provisions of Consumer Protection Act. The complainant himself failed to furnish the documents i.e. the Photograph with Super Seeder with GPS Location and also the self declaration regarding not burning of the crop, which documents are required to be supplied and uploaded by the complainant/ farmer on the approved portal of the State Govt. That said super seeder was purchased on 25.09.2020 and as per the mandate of the policy, the required documents have to be furnished with immediate effect as applicable on portal but the complainant himself failed to get complete the documents and failed to provide it to the op no.1, resultantly the case of the complainant could not be uploaded and therefore, there is no question of any kind of negligence on the part of op no.1. Other preliminary objections regarding no clocus standi, no cause of action, suppression of true and material facts etc. and no consumer dispute are also taken. On merits, it is submitted that at the time of delivery of the super seeder to the complainant due sale invoice was handed over to the complainant. The complainant was also conveyed about the terms and conditions of the Crop Residue Management Scheme, 2020 as amended time to time and also well informed the complainant for mandatory formalities like Color Photo with GPS Location, self declaration form etc. and the e-way bill which was also supplied to the complainant, but the complainant failed to comply with his own mandatory formalities on account of which the case of the complainant could not be uploaded, hence this is a gross act of negligence on the part of the complainant himself. It is further submitted that scheme of the Govt. is subject to compliance of terms and conditions as detailed above. The complainant himself failed to comply with the conditions of the Scheme, therefore, became disentitled to any relief under the policy. Now the complainant just in order to harass and humiliate the replying op and also to grab the money from them has filed the present complaint. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.
4. Op no.2 also filed written statement taking certain preliminary objections regarding maintainability, no cause of action and suppression of true and material facts etc. On merits, it is submitted that Director General Agriculture & Farmers Welfare Department, Krishi Bhawan, Sector 21, Panchkula vide its letter bearing Memo No.2220-82/JD(AE) dated 12.08.2020 issued some guidelines and according to the guidelines no.X (Annexure I), “Selected beneficiary will select manufacturer/ vendor and dealer, as per their choice on portal from the empanelled list approved by State of Haryana and upload the bill alongwith E-way bill, undertaking (declaration regarding not burning crop residue) and Colour Photo (with GPS Location) of implement (with farmer/ beneficiary) on portal and hard copy in the office of Assistant Agriculture Engineer. Meaning thereby, the farmer is entitled to the amount of subsidy only in case of uplodation of the bill (by dealer) alongwith above said undertaking and photo etc. on the portal of the State of Haryana and submission of the hard copy of the same with the Assistant Agriculture Engineer. But here in the present case, the complainant has failed to upload the bill alongwith E-way bill, undertaking and colored photo on the portal of the State of Haryana. Complainant had also failed to submit the hard copy of the same with the Assistant Agriculture Engineer and therefore, complainant is not entitled at all to any amount of subsidy. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
5. The complainant has tendered his affidavit Ex. CW1/A and copies of documents i.e. invoice Ex.C1 and payment acknowledgement/ message regarding successful registration Ex. C2, photographs Ex.C3, Ex.C4, adhar card Ex.C5, PAN Card Ex. C6, pass book Ex.C7, registration certificate Ex. C8 and photograph Ex.C9.
6. On the other hand, op no.1 has tendered affidavit of Sh. Maninder Singh, Prop. as EX. RW1/A and copy of letter of Director General Agriculture & Farmers Welfare Department, Panchkula Ex. R1. Op no.2 has tendered affidavit of Sh. Gurcharan Singh, Masan office of the Assistant Agriculture Engineer, Sirsa Ex. RW2/A and copy of notification of Haryana Govt. Ex.R2.
7. We have heard learned counsel for complainant and authorized representatives on behalf of ops no.1 and 2 and have perused the case file carefully.
8. From the notification of the Haryana Govt. placed on file by op no.2 as Ex.R2, it is evident that in order to avail facility of subsidy on the purchase of Super Seeder, besides uploading he bill alongwith E-way bill on the portal, complainant was also required to give his undertaking/ declaration regarding non burning crop residue and his coloured photo with GPS location of implement with farmer/ beneficiary on portal and hard copy in the office of Assistant Agriculture Engineer. However, complainant has failed to prove on record that he completed above said all the required formalities and got uploaded his above said undertaking/ declaration regarding not burning of crop residue and coloured photo with GPS location of implement on the portal and ever submitted hard copy in the office of Assistant Agriculture Engineer. The op no.2 has taken a specific and categorical plea that complainant has failed to upload the bill alongwith E-way bill undertaking and coloured photo on the portal of the State of Haryana and to submit the hard copy of the same with the Assistant Agriculture Engineer. During the course of arguments learned counsel for complainant has vehemently contended that it was the duty of the dealer to upload the bill on the portal of the Government and when the complainant approached the op no.2 and inquired about the subsidy he was told by op no.2 that bill of the above said machine is not uploaded on the Haryana Government Portal and he should contact the dealer for the same as it is the duty of seller to upload the bill of machine on the portal. However, we found no substance in the contention of learned counsel for complainant because complainant has failed to show that he ever supplied the required documents i.e. photo with Super Seeder with GPS Location and self declaration regarding not burning of the crop or that he got uploaded these documents on the portal. The complainant has not placed on file any receipt of uploading of these documents on the portal. No doubt, it may the duty of the dealer op no.1 to upload the bill on the portal but in this regard op no.1 has also specifically pleaded that as complainant himself failed to get complete the documents and failed to provide to the op no.1, therefore, the case of the complainant could not be uploaded. We found substance in the plea of op no.1 as only bill was not required to be uploaded on the portal and above said documents were also to be uploaded on the portal and there is nothing on file to prove that complainant ever supplied these documents to op no.1 for uploading the same on the portal alongwith bill. Even complainant has failed to place on record copy of the above said undertaking/ self declaration regarding not burning of crop. Moreover, Hon’ble National Consumer Disputes Redressal Commission in case titled as Choudhary Ashok Yadav vs. Rewari Central Co-op. Bank and anr. RP No.4894 of 2012 decided on 8.2.2013 has held that “The principal question is that of grant of subsidy. The order passed by the learned State Commission is supported by authorities, which clearly go to show that the subsidy offered to be paid is not service as defined in Consumer Protection Act, 1986. Consequently, the petitioner/ complainant is not a consumer.” In the said case reference of another judgment of Hon’ble National Commission passed in case titled as Himachal Weavers Pvt. Ltd. Vs. Himachal Pradesh Financial Corporation & Ors. III (1993) CPJ 267 (NC) was also given in which also it was held that “subsidy offered to be paid is not ‘service’ as per the Act and therefore, the complainant is not a ‘consumer’ as defined under the Act.” The above said view of Hon’ble National Commission was also relied upon by Hon’ble Madhya Pardesh State Consumer Disputes Redressal Commission in case titled as Kashmir Singh Gill vs. Prathamik Krishi Sakh Sanstha, Appeal No. 222 of 2017 decided on 7.12.2022. The said authorities are also fully applicable in this case and as such complaint deserves dismissal.
9. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 02.03.2023. District Consumer Disputes
Redressal Commission, Sirsa.
JK
