HYDERABAD.
against C.D.No. 391/1995, Dist. Forum, Nizamabad.
… Appellant/
Complainant
And
Dist. Nizamabad. … Respondents/
Opp.parties
: M/s.T.L.K.Sharma.
for the respondents : Sri T.Durga Reddy
CORAM : THE HON’BLE JUSTICE SRI.D.APPA RAO , PRESIDENT,
AND
SRI SYED ABDULLAH, MEMBER
WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY,
TWO THOUSAND NINE.
Male Member. )
***
This appeal has arisen against the order dt. 8.9.2005 passed in C.D.No. 391/1995 by the District Forum, Nizamabad dismissing the complaint that was filed to direct the opp.parties to pay Rs.12,500/- towards the crop loss , to pay Rs.10,000/- towards the cost of the fertilizers and pesticides and to pay compensation for sale and supply of spurious and defective seed BPT 5204 on 10.6.1995 which was sown in an extent of 5 acres of land.
Questioning the legality and propriety of the impugned order this appeal is filed and in the appeal grounds the contentions raised are that the Dist. Forum failed to appreciate that the appellant being a professional farmer had taken all care and precautions in sowing the seed in an extent of 5 acres of land belonging to him and his niece and unless the seeds are either of inferior quality or spurious there is no reason why normal yield as accepted at 25 to 33 quintals per acre could not be realized. The District Forum failed to consider that the appellant had invested huge expenditure to an extent of Rs.15,000/- by incurring labour charges investment for fertilizers and pesticides etc.
The brief facts as set out in the complaint are that on 10.6.95 the complainant purchased two bags (30 kgs. each) BPT -5204 paddy seedlings from the opposite party no.1 by paying Rs.260/- per bag and the same were sown in an extent of 5 acres by taking all precautions. i.e. manuring , using pesticides , watering etc. for which he invested an amount of Rs.15,000/- . The normal yield period of the said paddy is 145 to 150 days and the expected yield was 25 to 33 quintals per acre. But it was noticed that the yield was only to an extent of 25% as a result of which there is an estimated crop loss to an extent 12,000/- as per the prevailing market rate at Rs.500/- to Rs.600/- per quintal. The acts of the opposite parties in selling defective and spurious seeds amounts to deficiency in service , as such the claim to direct the opp.parties for the following reliefs:
a). Rs.12,500/- towards crop loss for 5 acres @ 25% per acre ,
b).to pay 10,000/- towards cost of the fertilizers and pesticides,
c). to pay Rs.5000/- towards ploughing charges,
d). to pay 15,000/- towards the labour expenses and
e).to pay compensation of Rs.20,000/- and also to pay costs.
The opposite party no.2 filed counter admitting the sale of paddy seedlings in two bags each containing 30 kgs. @ Rs.260/- per bag to the complainant by the opp.party no.1 . The opposite party no.2 is not a manufacturer of seedlings but only a processor of seed purchased from the Research Station and the seed sold to the complainant is the truthful seed without any defect. Generally no farmer sows BPT paddy seed directly to raise the crop. The practice is first to sow and grow the seed and raise the nurseries and thereafter saplings are transplanted as it is a wet land cultivation. It is further stated that for processing the breeder’s seed purchased from the Research Station the method adopted by the opposite parties is that it is given to few selected farmers who are members of Society and the seed thus grown is again purchased by the society, which is called foundation seed. This seed again would be given to the Member farmers for growing seed and the seed thus grown is called truthful seed. This truthful seed before accepting in lots from the farmers is sent to the Assistant Director of Agriculture (Seed Testing), Rajendra Nagar, Hyderabad and if the testing report confirms to the standards and specifications, then only the lot from the farmers is accepted and after processing the seed it will be released into the Market. During growing of the seed by the farmers the staff of opposite party monitor the crop right from the stage of nursery till grain is collected and brought to the Society’s Seed Plant. The farmers’ grown seed is given a separate lot number. As such there is no possibility of mixing of one farmer’s seed grain with that of another farmer. The officials of the opposite party no.2 go round to the fields of the member farmer who is growing the seed to monitor it . If any odd plant is found it will be removed immediately even before formation of kernel in the seed. So also during the harvest the officials of opp.party no.2 will be present . After cleaning the grain it will be sent to seed plant of opp.party no.2 . The seed is made into lots farmer wise, then the samples are taken to the Research’s Station to verify whether seed confirms to the standards of specifications. After certification by the Seed Testing Station , the grain is processed by mixing with necessary chemicals such as Thyram and then the grain is poured into seed plant and the empty gunny bag of 30 kgs. capacity is fixed to the sluice of the plant. After the bag is filled the machine gives signal indicating that bag is filled and then the bag is stitched with machine . Thereafter the bags are stored in the godown. The process will go ahead till the entire seed grain of that particular variety is completed. This method is adopted to avoid any admixture of any other variety of seed grain. Thus the total purity of the seed is assured . Every 30 kgs. Bag is given Seed lable with distinct number Different variety of seed is stored in different godowns. The opp.party denied the allegation that the seed supplied by them is defective and spurious in nature . The Seed Plant Manager Mr.Murali of the opp.party no.2 visited the fields of the complainant and told him that the crop did not confirm to the seed supplied by the opp.party no.2 since on inspection it was found that there is mixture of some other variety and it was also concluded by the said Seed Plant Manager that the crop mixture is on account of the fault committed by the complainant and that the crop was progeny of the seed supplied by the opp.parties. Further it is stated that one Hector of plantation method requires seed of 50-60 kgs. of seed . Each bag of paddy if all climatic conditions cooperate and manuring pesticides are correctly applied and correctly transplanted gives an yield of 33 quintals of grain. For direct sowing one hector needs 80-100 kgs of paddy seed. The allegation of complainant that there was shortage of crop by 25% is devoid of truth. The two bags of seeds i.e. 60 kgs. is wholly insufficient for 5 acres which is equallent to two hectors. It appears that the complainant having found that the seed purchased by him is insufficient for 5 acres he has mixed the seed with some other variety of seed or the transplantation was not correctly done or the sowing is done directly. The yield of crop depends on various factors as stated above . therefore no loss in yield can be attributed against the opp.parties and the alleged loss is imaginary and thereby prayed for dismissal of the complaint.
During the enquiry before the District Forum both sides filed evidence affidavits. Exs.A1 to A12 documents are filed on behalf of the complainant . Exs.B1 to B3 documents are filed on behalf of the opposite parties. After going through the evidence and contentions of both sides , the Dist. Forum arrived at a conclusion that 60 kgs. of seedling purchased by the complainant was insufficient for 5 acres of land either by transplantation or for sowing directly to raise the crop to get good yield as per Ex.B1 instructions of the Agricultural University , 1995 and Regional Agricultural Research Laboratory and as such the complainant appears to have mixed some other variety of paddy seedling to make it sufficient in an extent of 5 acres of land. It is more improbable to accept mixing other variety of seedling with the seeds sold by the opposite party in sealed bag . The Dist Forum also concluded that though the Agricultural Officer in his report was observed that there is loss of 20 -25% to the yield in crop due to abnormal seed but the Agricultural officer/Commissioner had not furnished the information as to what extent in which the complainant had raised the crop.
The appellant in his written arguments has reiterated the same facts raised in appeal grounds to substantiate his case.
The facts are not in dispute that the complainant had purchased 60 kgs. of paddy seed of two bags consisting 30 kgs. each from the opposite parties by paying price for it and that he had sowed the said seed in his land by investing necessary expenditure. Merely on the basis of Ex.A5 Agricultural Officer’s report it is not possible to come to any conclusion that there is loss of crop to an extent of 20-25% to the yield in the crop due to abnormal seed. First of all it is necessary to go through the details of the counter filed by the opp.party no.2 in which the processing of the seeds is given and how truthful seeds are secured for sale. The factual aspects are neither denied nor controverted by the complainant. It is not denied that truthful seeds are sent to Asst. Director of Agriculture (Seed Testing ), Rajendra Nagar , Hyderabad and after obtaining test report confirming to the standards and specifications then only lots of farmers are accepted and after processing the seed it will be released to the market for sale. The opp.party no.2 explained the detailed procedure right from the stage of nursery till grain is collected and seeds are brought to the Society’s Seed Plant and allotment of separate lot numbers to rule out the possibility of mixing of seeds with other varieties. It is also clarified that after certification of seeds by Seed Testing Station , the grain is processed by mixing with necessary chemicals and then the grain is poured into the seed plant and then filled in empty gunny bags of 30 kgs. capacity is fixed to the sluice of the plant. After filling the bags they are stitched with machines.
The opp.party no.2 in its counter has also stated that the Plant Manager Mr. Murali visited the fields of the complainant and he told that the crop did not confirm to the seeds supplied by the opp.party no.2 . The complainant in his evidence has not denied the factual aspects at all. On the other hand he made a categorical admission that he had sown directly from which it can be inferred that the complainant had not come with true and real facts . Ex.B1 Data filed by the opp.parties disclose as to how the cultivation methods are to be done for achieving good yield of paddy. It is also clear from it that 60 kgs. of seeds purchased by the complainant to cultivate in an extent of 5 acres of land is not sufficient and thereby they incurred loss of 20 to 25 % to the yield in crop.
On reappraisal of factual aspects and evidence on record we hold that there are no factual or legal infirmities in the impugned order to interfere with it . Appeal is liable to be dismissed.
In the result appeal is dismissed by confirming the order dt. 8.9.2005 passed in C.D.NO.391/1995 by the Dist. Forum, Nizamabad . In the circumstances of the case each party shall bear their own costs.
PRESIDENT MALE MEMBER
Dt.25/02/2009
