This C.C coming on before us for final hearing, on 7-8-2008 in the presence of  Sri. V.Narendra Swaroop, Advocate for Complainant, and  of   Sri.A.Sarath Chander, Advocate for the opposite party No- 1& 2 ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Smt.V.Vijaya Rekha. Member )

1.         This complaint is filed under section 12(1)of the Consumer Protection Act, 1986 with the following averments;

2.          The complainant is an agriculturist, resident of Kotapadu(V) of Khammam District and intends to cultivate chilli crop  in  his lands  in an extent of Ac.3-00gts  in Sy.No.452/AA  and purchased Tejaswini Chilli Seeds from the opposite party No-1 on  10-7-2006  vide receipt No.4 for Rs.5,940/-  and  raised the nursery in the month of July,2006 by investing large amounts for cultivation, manure and applied pesticides  and fertilizers as per the advises given by the opposite party No-1 and A.O. concerned and the opposite parties assured that the complainant will get 30 quintals per acre but the complainant sustained entire crop loss without any yielding and after noticing the same the complainant approached  the opposite party No-1  and A.O. concerned and it came to know  that the crop was damaged due to  defective seeds and the complainant further stated that  he spent an amount of Rs.1,35,940/- for purchase of seeds, ploughing, manure, fertilizers and pesticides and  by taking all  precautions and by following the procedure prescribed by the opposite parties, he raised the crop, but there is no yielding  and as such he sustained  entire crop  loss of Rs.3,75,000/- and as such he approached the Forum for redressal and as such the complainant claimed damages of Rs.3,75,000/- for the damage of chilli crop and also prayed to award damages to a tune of  Rs.50,000/- and costs.

3.     Along with the complaint, the complainant filed affidavit and also filed (i)Xerox copy of bill, dated 10-7-2006 for Rs.5,940/- issued by opposite party No-1.

4.     After receipt of notice, the opposite parties appeared through their counsel and filed counters by denying the allegations made in the complaint. 

5.         The opposite party No-2 who filed the counter  and submitted that as per the complaint itself there is no negligence or deficiency on their part and further contended that the burden lies on the complainant to prove any deficiency and the complainant failed to prove the same and moreover did not filed any document regarding the defect in the seeds.  Further the opposite party No-2 contended that as per the reports of   scientists the crop has   been affected due to long dry spell which resulted in spread of Thrips infestation and as per the reports of Scientists of Acharya N.G.Ranga Agricultural University  the crop was affected due to infestation of Peanut  Bud  Necrosis Virus and Cucumber Mosaic  Virus and the same shows that the problem is not due to the quality of seeds, the same was  due to infestation of pest and virus and for which they cannot be held responsible.  The opposite party No-2 by denying all the allegations made in the complaint contended that whenever there is an allegation regarding the defect, it cannot be determined without proper analysis as per section-13 (I)(c) of Consumer Protection Act, 1986 and in the present case there is no such analysis to find the defect in the seeds and as such prayed to dismiss the complaint.

6.         The opposite party No.1 filed a memo to adopt the contents of the counter of opposite party No.2 as counter of opposite party No.1.

7.     The complainant filed a petition to appoint an Advocate/Commissioner to assess the damages of the crop, accordingly this Forum appointed an  Advocate/Commissioner as per I.A. No.167/2007 and directed the Advocate/Commissioner  to assess  the damage of the crop and send the seed samples to an appropriate laboratory with the help of A.O. concerned, In fact  neither the Commissioner/Advocate  nor the A.O. did not file any report to that effect.

8.       In view of the above submissions made by both the parties, now the point for consideration is whether the complainant is entitled to any relief as prayed or not.

9.         As seen from the averments of the complaint  the complainant  purchased Tejaswini  Chilli Seeds from the opposite parties No-1 on 10-7-2006 and as per the complaint after growing the nursery bed i.e. seedlings, the plants were planted in the field of complainant after taking all the precautions and by following all the procedures and as there is no yielding, he approached the opposite party No-1 and the A.O. concerned and further alleged that the A.O.,  opined that due to defect in the seeds there is no yielding   and as such the complainant seeks redressal from the opposite parties and it is the case of the opposite parties that there is no defect in the seeds supplied by them and the alleged damage was due to the affect of Virus attack and prayed to dismiss the complaint.  The opposite party No-2 mentioned in their counter that to find a defect, it is necessary to send the seed samples to an appropriate laboratory for analysis and section-13(I) (C)  of C.P.Act 1986 also speaks the same and prayed to dismiss the complaint with cost of Rs.5,000/-.  In view of the above versions put forth by both the parties, it is clear that there is no proof regarding the defect in the seeds as alleged by the complainant and moreover the complainant who filed the complaint only basing on that allegation, did not choose to take any steps in that regard and the Commissioner/advocate did not file any report before the Forum for consideration and did not furnish the analysis report, and in the absence of scientific analysis report regarding the quality of seeds, this Forum cannot come to a conclusion  regarding the quality of seeds and  as such this point is answered accordingly against the complainant by holding that the complainant is not entitled to any relief as prayed.

10.       In the result the C.C. is dismissed.  No costs.

            Typed to my dictation, Corrected and pronounced by us, in this Forum on this 26th day of  August, 2008.

                                                                                President             Member          Member

                                                                                   District Consumers Forum, Khammam

APPENDIX OF EVIDENCE

-Nil-

                                                                               President           Member                      Member                                                            District Consumers Forum, Khammam