Haryana

Ambala

CC/39/2021

Yadwinder Singh - Complainant(s)

Versus

M/s Raja Beej Bhandar - Opp.Party(s)

Jahar Singh

31 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

                                                          Complaint case no.         :    39 of 2021

                                                          Date of Institution           :     15.01.2021

                                                          Date of decision    :     31.08.2022.

 

Yadwinder Singh aged about 57 years S/o Sh. Jagtar Singh R/o Vill. Jangu Majra, Tehsil Naraingarh Distt. Ambala

.          ……. Complainant.

                                                Versus

1. M/s Raja Beej Bhandar, Booth No. 1, New Grain Market Naraingarh Tehsil Naraingarh Distt. Ambala through its authorized Signatory.
2. Syngenta India Limited, Amar Paradigm, S, No. 110/11/3 Baner Road, Pune 411045, Maharashtra, India through its Manager

                                                                                   ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                   Smt. Ruby Sharma, Member.            

Shri Vinod Kumar Sharma, Member.

 

Present:       Shri Jahar Singh, Advocate, counsel for the complainant.

                             Shri Naveen Chawla, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

(i) To pay Rs.50000/-, on account of selling of defective corn seeds along with interest @ 18% per annum,

(ii) To pay Rs.1,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.  

(iii) To pay Rs.20,000/- as cost of litigation.

                             Or

Any other relief which this Hon'ble Commission deems fit in the interest of justice, equity and law. 

2.             Brief facts of the case are that the complainant is a permanent resident of Vill. Jangu Majra Tehsil Naraingarh Distt. Ambala and is agriculturist by profession. On 02.06.2020, he purchased corn seed NK 7750 4KG 2  Unit, vide Invoice No.19-20/1234 dated 02.06.2020, on making payment of Rs.2,470/- to OP No.1. The said seeds were manufactured and produced by OP No.2. However, when the complainant sown the above said corn seeds in his agriculture land, it was found that the crop was not growing up well. Thereafter, the complainant moved an application before the Sub Agriculture Director Ambala for inspection of loss caused to the corn crop of the complainant. Resultantly, upon the directions of Sub-Director, Agriculture and Farmer Welfare Department Ambala, vide letter No.TA/3708-10 dated 21.08.2020 a Committee was constituted in which Sub-Division Agriculture Officer, Naraingarh, Sh. Harish Pandey, Agriculture Development Officer (Sugarcane) Naraingarh and BTM Naraingarh were nominated to inspect the crop of the complainant. The said Officers after inspection of the corn crop prepared their report dated 24.08.2020 in which it has been clearly mentioned that "it was found that the maize crop has suffered a lot due to pest infestation. It seems that the medicine has not been used properly by the farmer for its prevention”. It was also opined that there is possibility of loss upto 50%, in the yield of the farmer/complainant. Thereafter, the Sub Agriculture Director, Ambala sent the above said inspection report to the complainant vide letter No.TA/3966 dated 04.09.2020. Thus, the OPs gave wrong/mixture variety of corn seeds and resultantly the corn crop was damaged. The complainant approached the OPs, number of times, with a request to make good the loss suffered by him but they flatly refused to do so.  The complainant also sent a Regd. Legal notice to the OPs, through his counsel on 21.10.2020 but to no avail. By not compensating the complainant for the loss suffered on account of inferior quality of seeds, the OPs have committed deficiency in service and indulged into unfair trade practice. Hence, the present complaint.
3.           Upon notice, OPs appeared and filed written version and raised preliminary objections with regard to not come with clean hands and suppressed the true and material facts etc.  On merits, while admitting the factual matrix of the case with regard to purchase of seeds by the complainant from OP No.1 and also that the damage was caused to the crop of the complainant, it has been stated that OP No.2 manufactures active ingredients and formulates pesticides, herbicides and fungicides and processes field crop and vegetable seeds and has acquired good market reputation. OP No.1 is a dealer engaged in sale of sealed packed seeds manufactured by the OP No.2.  OP No.2 also sent the subject seed lot sample to a Government recognized seed testing laboratory and the report dated 06.03.2021 confirms that the seed tested complies with prescribed standards of germination, purity and other standards as per the governing law. The expected quality and yields from the seeds does not only depend on the seed factor but also other important factors such as cultivation practices, proper/adequate soil and its preparatory tillage before planting, proper irrigation, proper manure's and doses of fertilizer, climate conditions during germination and process and applications of insecticides and fungicide etc. The complainant has not properly revealed the agronomy practices followed by him like soil, moisture content, fertilizers and pesticides used etc. The complainant had approached the Sub-Agriculture Director, Ambala, for the inspection of the field. In the inspection report dated 24.08.2020 issued by Sub-Division Agriculture Officer, Naraingarh, Sh. Harish Pandey, Agriculture Development Officer (Sugarcane) Naraingarh and BTM Naraingarh, it has been clearly stated that "that the maize crop is severely infected with pests.....It seems that the farmer has not used the insecticide in prescribed manner due to which the crop of corn has suffered a lot". This report nowhere states that the seeds manufactured by OP No.2 are of low quality or there was any wrong mixture variety resulting the damaging of the crop. The aforesaid report only says that germination of seed was not complete. However, no reason for such alleged non germination of seed is mentioned in the said report. Furthermore, there was fall army worm ("FAW") infestation in complainant's field, which had caused damage to the corn corp. The FAW infestation was a major issue in the states like Punjab, Haryana, Madhya Pradesh, Maharashtra and Chhattisgarh. The FAW attack on corn crop was also reported in various newspapers. The damage caused to the crop of the complainant was also due to pest attack, which was also mentioned in the report of the Sub-Director, Agriculture, Ambala dated 24.08.2020. OP No.2 received the complaint of the complainant with regard to the said seeds and had visited the farm of the complainant and found that the farmer failed to manage the pest infection in the field, resulting into damage of the corn crop, which was also informed to the complainant. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with exemplary costs.
4.           Learned counsel for the complainant tendered affidavit of complainant and affidavit of Shri Tirth Ram son of Meha Singh, R/o Village Kathe Majra, Tehsil Naraingarh District Ambalal, as Annexure PW1/A and PW2/A alongwith documents as Annexure P-1 to P-7 and closed the evidence on behalf of complainant. On the other hand, learned counsel for the OP No.1 tendered affidavit of Harpreet Singh, Proprietor of OP No.1-Company-M/s Raja Beej Bhandar, Booth No.1, New Grain Market Naraingarh, Tehsil Naraingarh, District Ambala as Annexure OP-1/A and closed the evidence on behalf of OP No.1. Learned counsel for the OP No.2 tendered evidence on behalf of OP No.2 by way of documents Annexure OP2/1 to OP2/9 and closed the evidence on behalf of OP No.2.
5.           We have heard the learned counsel for the parties and carefully gone through the case file.
6.           Learned counsel for the complainant submitted that since corn seeds manufactured and produced by OP No.2 and sold by OP No.1 were of inferior quality/variety, as such, his crop was damaged to the extent of 50%, which fact was also opined in the report dated 24.08.2020, Annexure P-1, having been made by the Sub-Division Agriculture Officer, Naraingarh, Sh. Harish Pandey, Agriculture Development Officer (Sugarcane) Naraingarh and BTM Naraingarh as such, the OPs are liable to compensate the complainant for the loss suffered by the complainant. However, by refusing to compensate the complainant, OPs are negligent and deficient in providing service and adopting unfair trade practice. 
7.           On the contrary, the learned counsel for the OPs submitted that the complainant has failed to place on record any cogent and convincing evidence to prove his case that the seeds sold to him were of inferior quality/variety. Whereas, the  inspection report dated 24.08.2020 issued by Sub-Division Agriculture Officer, Naraingarh, Sh. Harish Pandey, Agriculture Development Officer (Sugarcane) Naraingarh and BTM Naraingarh clearly says that "that the maize crop is severely infected with pests.....It seems that the farmer have not used the insecticide in prescribed manner due to which the crop of Corn have suffered a lot".  In the said report, it has nowhere been stated that the seeds manufactured by OP No. 2 are of low quality or there was any wrong mixture variety resulting the damaging of the crop. Thus, the OPs are not liable to compensate the complainant.
8.           Since the purchase of seeds by the complainant from OP No.1 and also the fact that his crop was damaged to the extent of 50% are not in dispute, as such, the only question which arise for consideration is, as to whether, the complainant has been able to prove his case that the seeds supplied by OP No.1 and manufactured by OP No.2 were of inferior quality, which resulted into damage of the said crop or not? It may be stated here that to prove his case, the complainant has solely relied upon the report dated 24.08.2020, Annexure P-1 having been issued by the Sub-Division Agriculture Officer, Naraingarh, Sh. Harish Pandey, Agriculture Development Officer (Sugarcane) Naraingarh and BTM Naraingarh who inspected the crop of the complainant. A bare perusal of the said report clearly reveals that the said Officers have clearly opined "that the maize crop is severely infected with pests and that it seems that the farmer has not used the insecticide in prescribed manner due to which the crop of corn have suffered a lot". Nowhere, in the said report it is mentioned that the seeds manufactured by OP No.2 and sold by OP No.1 are of low/inferior quality or there was any wrong mixture variety resulting the damaging of the crop of the complainant. Whereas, on the other hand, the OPs have placed on record the test results of the samples of seeds of corn, (Annexure OP-2/2 dated 04.03.2021) having been issued by the Telegana State Seeds Development Corporation Limited, Hyderabad, which shows that the purity of the said seeds is 98.5% and its germination is 91%. Be that as it may, we hold that complainant has failed to prove that the seeds in question were of inferior quality. The complaint filed by the complainant is devoid of merits, consequently we dismiss the same, with no order as to costs.  Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

 

Announced on: 31.08.2022.

 

          (Vinod Kumar Sharma)  (Ruby Sharma)               (Neena Sandhu)

              Member                         Member                       President