Delhi

North

CC/163/2017

OM PARKASH - Complainant(s)

Versus

M/S. HINDUSTAN SEEDS & PESTICIDES - Opp.Party(s)

DEVINDER CHAUDHARY

05 Aug 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

CONSUMER COMPLAINT NO. 163/2017

 

In the matter of

Om Prakash

S/o Late Sh.Budh Sain

R/o House No. 5567, Gali No.4

New Chandrawal

Delhi110007                                     …               Complainant

Versus

M/s. Hindustan Seeds & Pasticides

99, Indira Market

Old Subzi Mandi

Delhi-110007                                    ...                Opposite Party

ORDER

05.08.2024

(Divya Jyoti Jaipuriar)

1. By way of this complaint the Complainant has sought relief qua M/s Hindustan Seeds & Pesticides (OP) for supplying poor quality seeds. The Complainant is stated to be a small agriculturist who takes land on annual rent and harvest crop for earning his livelihood. In this complaint, the Complainant alleges that he has purchased watermelon seeds of “Cobra Brand (Hybrid F1)” from OP herein in the month of December, 2016.  Thereafter, the complainant sowed the said seeds in his agricultural land. But the said crop harvested from the said seeds was not of a good quality. It has also been stated by the complainant that entire crop was ruined and he had suffered a loss of Rs.7,50,000/- approximately.
2. On our notice OP has appeared and filed its reply.  In its reply OP has admitted that the seeds were indeed sold by the OP but OP has alleges that the complainant did not sow the seeds properly, as a result the quality of crop was not achieved. The OP has also stated that as per the information gathered from the neighbours of the complainant, the complainant mixed the seeds sold by the OP herein with the inferior quality seeds. This resulted in poor harvest outcome. The OP, however, has admitted the fact that the crop which was harvested by the complainant was of poor quality and the OP has sold the seeds to the Complainant. 
3. Both the parties have filed their respective evidences and we have heard their arguments. 
4. The facts that complainant had purchased the seeds from the OP and the fact that the harvest was not as per expectation and was of very poor quality, are admitted facts. However the argument of the OP that complainant mixed the seeds with the inferior quality seeds; is not substantiated by any documents or reports.
5. During the arguments, we have also examined the packets of the seeds. The copy of the packet of seeds is also part of the pleadings. The said packets of the seeds are also not in compliance of the applicable rules which mandates proper labelling of the packaged product. The labelling on the package of the said seeds is in Chinese language. As the labelling is not in any of the Indian language, the said label is not in accordance with the applicable rules. Improper labelling also supports allegations of the complainant that the seeds were of poor quality.
6. Hence for the reasons explained above, we are of the opinion that the Complainant has established the case. Accordingly, we hold the OP liable on multiple grounds. First, the OP has supplied poor quality seeds. Second, OP has supplied seeds in a package which is not in compliance of applicable labelling rules as the label was in not in any Indian language but in Chinese language and thirdly for the reason that the OP has not denied selling of the seeds and poor harvesting of the crop.
7. In view of the above and for the reasons explained in this order, while allowing this complaint, we make following order:

1. The loss incurred by the Complainant and the compensation for which the Complainant is entitled to is quantified at Rs. 7,50,000/-. OP is directed to pay the said sum of Rs.7,50,000/- to the Complainant within a period of four weeks from the date of receipt of this order.
2. It is clarified that if the above order is not complied with by the OP within the stipulated time, the OP shall be liable to pay interest @12% per annum on the above sum from the date of order till its realisation.

8. The complaint is disposed of in above terms. Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

 

___________________________

Divya Jyoti Jaipuriar, President

 

 

___________________________

Ashwani Kumar Mehta, Member