M/s. Sree Krishna Commercial Corporation V/S K. Sharanappa Gouda S/o. Sharanappagouda - Consumer Court Case

Karnataka

Raichur

DCFR 58/06

K. Sharanappa Gouda S/o. Sharanappagouda - Complainant(s)

Versus

M/s. Sree Krishna Commercial Corporation - Opp.Party(s)

Sri. Meenappa

03 Nov 2006

ORDER

DIST. CONSUMER DISPUTES REDRESSAL FORUM
DIST. CONSUMER DISPUTES REDRESSAL FORUM,DC Office Compound, Sath Kacheri
consumer case(CC) No. DCFR 58/06

K. Sharanappa Gouda S/o. Sharanappagouda						...........Appellant(s)
Vs.
M/s. Sree Krishna Commercial Corporation M/s. Sri. Laxmi Narasimha Trading Company M/s. Syngenta India Limited By its Managing Director						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant against three Opposite Parties 1 to 3. The brief facts of the complaint are as under:- OP.No-1 is M/s. Sri Krishna Commercial Corporation Seeds and Pesticides Distributors at Sindhanur, OP.No-2 is M/s. Laxmi Narasimha Trading Company Dealers of pesticides Seeds and fertilizers at Raichur and OP.No-3 is M/s. Syngenta India Ltd., by its Managing Director Seeds Division Shivajinagar at Pune. The complainant-K.Sharanappa Gouda is an agriculturist having landed property including the agricultural land bearing Sy.No. 178 measuring 15 acres 36 guntas situated within the limits of Matamari village of Raichur Tq. On 03-10-05 he purchased (11) pockets each containing 2 Kgs of Sun-bred 275 Seeds brand of Sun-flower seeds under bill No. 9221 vide batch No. 1474661 from OP.No-2 at the rate of Rs. 560/- per pocket. OP.No-1 is the sole distributor and principal supplier. The complainant took all precautionary and safety measures for sowing the seeds in an area of 14 acres and 20 guntas of his above said land and also followed all the procedures of agricultural activities which are must for sowing and cultivation of Sun-flower crops. Rainfall was also sufficient in that year and the said land comes under T.B. Canal and he had also applied permissible fertilizers and pesticides. He being an agriculturist and was growing Sunflower for many years is having sufficient knowledge and experience how to grow the plants. The said seeds were sown in fvourable climatic condition. The complaint noticed that the Sun-flower plants are not in uniform and variation in height. Having noticed of failure of crops he immediately informed OP.No-2 to do the needful. But OP.No-2 dragged the matter and finally did not take any care. As he could not get any response from OP.No-2 so he approached Assistant Director of Agriculture Raichur, for inspection of his land on 17-01-06. One Choudary, Assistant Agriculture Officer, Gillesugur and Sri S.M. Patil Assistant Director of Agriculture, Raichur with their Team of University of Agricultural Science Raichur came to his land and noticed that the plants height were not in uniform and variation in the height. The said officers collected plant seeds available with the complainant to ascertain the defect. The authority of University of Agricultural Science Raichur also took video-graphy of the entire land. The complainant had invested huge amount at the rate of 5,000 per acre towards cost of seeds, ploughing, fertilizers, watering & labouring etc., If the seeds were good he would have got a net income of Rs. 7,000/- per acre. In-view of defect of seeds of Ops he has put to heavy loss of Rs. 1,74,000/-. Therefore there is deficiency of service on the part of Ops who have supplied the defective and sub-standard. Therefore Ops are liable to reimburse the loss sustained by complainant. Hence for all these reasons he has prayed for a direction to Ops to pay a sum of Rs. 1,74,000/-with interest and cost and proceedings. 2. Originally this complaint was filed only against OP.No-1 & 2 and subsequently by-way of amendment, the OP.No-3 was added. In-pursuance of notice, the Ops 1 to 3 appeared though their counsel and filed a common written statement as under:- The complaint is wholly false, vexatious and without any cause of action. The purchase of (11) pockets of Sun-bred 275 seeds supplied by Ops under bill No. 9221 on 03-10-05 is not disputed. But OP.No-1 has sold the same brand and Batch Number of seeds supplied by OP.No-3 to various traders in and around District Raichur and those traders also sold the seeds of same Batch Number to innumerable farmers and there is no complaint of what so-ever nature from any single farmer, except the complainant herein through this complaint. The say of the complainant that he had sown only (11) pockets of the said brand of seeds in an area of 14 acres 20 guntas itself shows that the complainant has not followed basic requirements of sowing the minimum established-quantity of 2 Kgs per acre. The extent of 14 acres 20 guntas of land requires minimum quantity of 29 Kgs of seeds for sowing and therefore 22 Kgs of seeds in (11) Pockets sown in 14 acres 20 guntas is far less. The land in-question has ill drained soil having the geographical area of extensive ups and downs. No safe drainage system was introduced in down area of the land. Even the time of sowing under took by the complainant on 05-10-05 is not at all advisable for Sun-flower crop. The recommended period for sowing of Sun-flower is between 2nd fortnight of August and upto 2nd fortnight of September only. As the Sun-flower crop is suspectable for water logging even for one day the land in-question being un-even, it is quite but natural about the existence of variation in the size of the plants in down area compared to the upper area of the said land because of fluctuation in the rate of moisture. The agreement of sale deed filed by the complainant shows that the land in-question was acquired only a few months ago from the period of sowing. There was a haphazard preparation of the land without eliminating the weeds and there was also no proper nutrient management and application of sufficient fertilizers and pesticides. In-view of not taking all these precautionary measures the sun-flower crop in-question suffered and infected with wide-spread virus. Further as per the statistical data of the rainfall recorded by the Competent Authority there was an excessive rainfall in Gillesugur area within (10) days after sowing all the seeds in land which resulted the existence of high moisture in the down area of the land in-question. All these factors are responsible for the failure of crop. Therefore the allegations made by the complainant that he followed all systematic procedure and sown the seeds in-question in favourable climatic condition and by applying sufficient fertilizers and pesticides are all devoid of truth. The complainant had never approached OP.No-2 with any such complaint and he has knowingly made such false allegations. Therefore the allegation that he informed OP.No-2 and he dragged & prolonged the matter etc., are just invented for the sake of this complaint. At the ripening stage of the crops i.e, on 17-01-06, the complainant having noticed that the crop in-question suffered from virus infection because of his poor field-management has dis-honestly addressed a letter to Assistant Director of Agriculture Raichur and in this connection the AAO inspected the land and found that the size of the plants were high in upper area of the land and shorter in low lying area of the land because of the moisture. There was wide spread virus inspection on the crops and the land level was un-even. The ADA Raichur, further requested the Senior Scientist (Head breeding) AICRI on Sun-flower Raichur to report after inspecting the crops. Even the said authority has also given an endorsement on the said letter stating that the crop in-question was at full maturity stage and it was very difficult to assess the genetic purity. Hence it is submitted that as soon as copy of letter dt. 19-01-06 sent to ADA Raichur to the OP.No-2 which was received on 28-01-06 the OP.No-2 promptly visited the spot on 02-02-06 and found that the land in-question was un-even land and since it was excessive rainfall at visited space with corresponding moisture and wide spread virus on the crop and because of improper sowing. The OP.No-1 & 2 have accordingly replied to ADA Raichur vide their letter dt. 03-02-06. These factors are deliberately suppressed by the complainant. The complainant has falsely averred that the ADA Raichur visited the spot and collected residual seeds. But, when the complainant had purchased only (11) pockets of 2 Kgs each of Sun-flower Seeds which are far from the minimum quantity of sowing in an area of 14 acres 20 guntas. So it is highly impossible to save the residual seeds out of said quantity. Therefore the say of complainant that residual seeds were given by him to ADA and video-graphy was done by the officials etc., are all invented. OP.No-3 is the leading Multi-National Company having its Head Quarters in Basle, Switzerland and listed on Newyork & Zurich stock exchanges. It is operating in (90) countries by having sales of over $ 6 Billion USD 30,000 Crores. Its Research and Development spending is 11% of sales i.e, Rs. 3,500 Crores per annum with over 100 years of experience and expertise. OP.No-3 has been supplying long established vegetable and flower seeds including a wide range of high quality seeds of Tomatto, Pepper, Cabbage, Sun-flower, Water melon, Beens, Sweet Corn, Pokar and Egg plant. With over 100 years experience the OP.NO-3-Syntenta is called for its reputation in processing high quality of seeds of sun-flower corn, cotton and paddy. It follows all the modern scientific methods and takes immense care after observing strict quality measures. So far not a single complaint against its brand has been received. The relevant data showing the sequence of stages quality standards being observed by OP.NO-3 before release of seeds in the market field. The Same Brand of seeds bearing Batch No. 1474661 supplied to the Ashwani Agencies (Bantia) Raichur who in-turn sold the following quantity of seeds as bearing the same Batch Number to the following farmers around Raichur: Sl.No. Bill No. Date Name of farmer Quantity Amount/price 1. 352 05-09-05 Khaja Sab Garaladinni. 4 pockets of 2 Kgs each Rs. 2,200/- 2. 351 -do- Ramatul asamma 11 pockets of 2 Kgs each Rs. 6,105/- Yeregera village 3. 355 -do- Basavaraj Garaladinni 4 pockets of 2 Kgs each Rs. 2,200/- 4. 353 -do- Khaleel Sab Garaladinni 4 pockets of 2 Kgs each Rs. 2,200/- All the above farmers have secured satisfactory yield and absolutely there is no complaint of any nature from these farmers. Hence the say of the complainant that there is defect in the seeds is not genuine and not based on any concrete proof of evidence. Hence there is no deficiency of service on the part of Ops that they have supplied defective and sub-standard seeds etc., are all false and baseless is not based on any justifiable reasons. Further the say of the complainant that he had invested huge amount of Rs. 5,000/- per acre is not correct. Hence for all these reasons Ops 1 to 3 have prayed for dismissal of the complaint. 3. During the course of enquiry the complainant has filed his sworn affidavit-evidence as PW-1 and sworn affidavit-evidence of his witness Badrinarayanacharya as PW-2 and further he has examined two more official- witnesses as PWs- 3 & 4 and got marked in all (11) documents at Ex.P-1 to P-11. In-rebuttal the sworn affidavit-evidence of OP.No-3 is filed as RW-1 and filed four affidavits-evidence of their witnesses as RW-2 to RW-5 and got marked in all (19) documents at Ex.R-1 to R-19. 4. Heard the arguments of both sides and perused the records. The following points arise for our consideration:- 1. Whether the complainant proves deficiency in service by the Opposite Parties by supplying sub-standard/defective seeds of Sun-flower as alleged.? 2. Whether the complainant is entitled for the reliefs sought for? 5. Our finding on the above points are as under:- 1. In the negative. 2. As per final order for the following. REASONS POINT NO.1:- 6. There is no dispute that the complainant had purchased (11) pockets each containing 2 Kgs of Sun-flower seeds of Sun-bred 275 Seeds vide Batch No. 1474661 from OP.No-1 at the rate of Rs. 560/- per pocket under bill No. 9221 dt. 03-10-05. The complainant contents that he is an agriculturist having landed property including the land bearing Sy.No. 178 of Matamari village of Raichur Tq. To show his ownership and possession over the said land Sy.No. 178 the complainant has produced Xerox copy of Agreement of Sale dt. 29-04-05 at Ex.P-7 and certified copy of Record of Rights for the year 2005-06 of land Sy.No. 178 at Ex.P-8. He has also produced R. O. R. for the year 2005-06 of his other lands at Matamari village bearing Sy.No. 41/Hissa AA, at Ex.P-9, Sy.No. 492/Hissa-3 at Ex.P-10 and Sy.No. 493/Hissa-3 at Ex.P-11. All these documents have been got marked with no-objection by the other side. So it follows that there is no dispute regarding the possession and cultivation of the land Sy.No.178 by the complainant by virtue of agreement of sale entered into by the complainant with PW-2 Badrinarayanacharya. 7. It is the case of the complainant that on 03-10-05 he purchased (11) pockets each containing 2 Kgs of Sun-bred 275 of Sun-flower Seeds from OP.No-1 during the agricultural year 2005-06. There was sufficient rainfall and the land Sy.No.178 purchased by him comes under T.B. Canal and after purchase he applied permissible fertilizers & pesticides and took all precautionary and safety measures for sowing the Sun-flower Seeds of (11) pockets in an area of 14 acres 20 guntas of the land Sy.No. 178 out of 15 acres 38 guntas. It is his further case that he noticed that the Sun-flower plants were not in uniform and there were more variation in height among the plants. So he immediately informed the OP.No-2 to do the needful. But the OP.No-2 dragged on the matter and finally he did not take any care therefore he approached Assistant Director of Agriculture Raichur, for inspection of his land on 17-01-06. One Choudary, Assistant Agriculture Officer, Gillesugur and one Sri S.M. Patil Assistant Director of Agriculture, Raichur with their Team of University of Agricultural of Science Raichur came to his land and found that the plants height was not in uniform and more variation in the height of the plants. The said officers collected the plants of seeds available with the complainant to ascertain the defects. The Authority of University of Agriculture Science Raichur has also took video-graphy of his entire land. So there is deficiency in service on the part of the Ops for having supplied defective/sub-standard seeds. 8. The complainant in his affidavit-evidence as PW-1 has reiterated the averments of his complaint. PW-2 Badrinarayanacharya in his affidavit-evidence has stated regarding the possession and cultivation of the land Sy.No. 178 by the complainant under the agreement of sale entered into by him with complainant. PW-3 & P-4 are the official witnesses examined by the complainant. PW-3 Somalingappa Choudary is Agriculture Assistant in Agriculture Office (Raitha Samparka Kendra) Gillesugur. He states that Matamari village comes under Hobali jurisdiction of Gillesugur. According to him on 03-01-06 he received a copy of application of the complainant through Assistant Director of Agriculture Raichur for inspection. Since there was no land Sy.No. 178 in Gillesugur village limits as shown in the said application, so he returned the same to Assistant Director of Agriculture Raichur. Again on 18-01-06 he was informed by his Raichur office about filing of another application by the complainant and accordingly he went to Raichur Office and got it. Accordingly he went to Matamari village on 19-01-06 for inspection of the land Sy.No-178 of the complainant. After inspection of the said land he submitted his report to the ADA Office Raichur on the same day. At the time of inspection the complainant was present and he was not accompanied by any officials of his office. During his inspection he collected Sun-flower plants raised in the land and found that the land was un-even. According to him in down area of the said land the plants were short in-height. On the date of his inspection the age of the Sun-flower plants were of (106) days. Since the plants were over aged and in maturity stage so he could not form his opinion about the affect of disease and pest to the said plants. This witness PW-3 has been cross-examined by the complainants counsel by treating him as hostile but however PW-3 has denied the suggestion that at the time of his inspection the complainant had taken the photography of the land with standing crops in his presence and that subsequent to his inspection he had again went to the said land along with the study team of student of University of Agricultural Science, Raichur along with ADA Raichur. 9. PW-4 S.M. Patil is Assistant Director of Agriculture Raichur. He states that on 02-01-06 he received Application of the complainant from Joint Director of Agriculture Raichur which was filed by the complainant on 30-12-05. On going through the said application as the land pertains to Gillesugur village so he forwarded the said application to Raitha Samparka Kendra Gillesugur. On 16-01-06 the said application was sent back by the Gillesugur office as the Sy.No. of the land mentioned in the application was not at all situated in Gillesugur village limits and this fact was informed to the complainant. It is also the evidence of this PW-4 that on 17-01-06 the complainant filed another Application addressed to his office. Then he forwarded the same to Raitha Samparka Kendra Gillesugur for inspection and report in-respect of land Sy.No.178 of Matamari village. According to him Inspection means to verify the condition of standing crops in the said land. On 19-10-06 he received the inspection Report from Gillesugr office. On the basis of said Report he sent a requisition to Associate Director of Regional Agriculture Research Station, Raichur for inspection of the said land by Scientist as to ascertain the genetic purity and condition of standing crop. His requisition letter was returned with an Endorsement by Senior Scientist and Head (Breeding) AICRP on Sun-flower Raichur on 02-02-06, stating their in-ability to assess the genetic purity of the crops as the said crop was in full maturity stage. The same was accordingly informed to the complainant on 08-02-06. In the cross-examination by the counsel for Ops, this PW-4 has stated that the Report submitted by the Assistant Agriculture Officer Raitha Samparka Kendra, Gillesugur disclosed that the size of plants in down area of the land was shorter in size because of moisture presence and the crop was proun to virus. According to him he has not inspected the land of the complainant or accompanied PW-3 during inspection of the said land. According to him about 2 Kgs of Sun-flower Seeds of minimum quantity is required for sowing in one acre of land. 10. The complainant has produced (11) documents at Ex.P-1 to P-11. Ex.P-1 is copy of the letter of the complainant dt. 17-01-06 addressed to Director of Agriculture, Raichur. Ex.P-2 (1) & Ex.P-2 (2) are the two coloured photographs of the crops of the complainants land. Ex.P-3 is the copy of letter dt. 13-03-06 issued by ADA Raichur. Ex.P-4 is the original bill No. 9221 dt. 03-10-05 issued by OP.No-2 regarding purchase of (11) pockets of Sun-flower seeds. Ex.P-5 is the original cash memo dt. 03-10-05 issued by Adinarayana Shetty & Sons Raichur regarding purchase of Fertilizer. Ex.P-6 is copy of the letter dt. 08-02-06 issued by ADA Raichur to the complainant. Ex.P-7 is the copy of agreement sale of land dt. 29-04-05 between the complainant and PW-2 Badrinarayanacharya. Ex.P-8 to P-11 are the Record of Rights of land Sy.No178, 41/A, 492/3, 493/3 of Matamari village. Ex.P-1 is letter/complaint of the complainant that he had sown sun-flower seeds in an area of 14 acres 20 guntas of his land Sy.No. 178 of Matamari village and that he had purchased sun-flower Seeds- Sun-bred under Batch No. 1474661 from the shop of M/s. Laxmi Narasimha Trading Company Raichur under bill No. 9221. The seeds being sub-standard and defective he could not get crops in his land so he sought for taking proper action and for grant of compensation. As stated supra PW-4 S.M. Patil states that on 17-01-06 the complainant filed an application (Ex.P-1) then he forwarded the same to (PW-3) Raitha Samparka Kendra Gillesugur for inspection of standing crops in land Sy.No. 178 of Matamari village and to report. PW-3 Somalingappa Choudary Agriculture Assistant Gillesugur stated that on 18-01-06 he went to land Sy.No.178 of Matamari village for inspection and found that the land was un-even. In down area of the said land, the Sun-flower plants were short in height. The age of Sun-flower plants were of (106) days as on the date of his inspection. Since the plants were over aged and in maturity stage, he could not form his opinion about the effect of disease and pest to the said plants. The evidence of PW-4 Assistant Director of Agriculture Raichur goes to show that on 19-01-06 he received the Inspection Report from Gillesugur Office (PW-3) and on the basis of same he sent a requisition letter (vide Ex.P-3) to the Associate Director of Regional Agricultural Research Station Raichur for inspection of the Sun-flower crops in the said land of the complainant by Scientist to ascertain the genetic purity and condition of the standing crops. According to him his requisition letter was returned with an endorsement by Senior Scientist and Head (Breeding) AICRP on Sun-flower RARS Raichur on 02-02-06 stating their in-ability to assess the genetic purity of the crop as the said crop was in full maturity stage. The same was accordingly informed to the complainant on 08-02-06. In Ex.P-3 the requisition letter of PW-4 we find the endorsement as stated by PW-4. This endorsement of Associate Director of Senior Scientist and Head (Breeding) AICRP of Sun-flower RARS Raichur states that the above said crop is in full maturity stage. It is very difficult to assess the genetic purity at this stage. 11. The Ops have adduced the affidavit-evidence of OP.No-3 Product Manager Sun-flower Syngenta India Ltd., Bijapur as RW-1 and four affidavit-evidence of their witnesses as RW-2 to RW-5. This RW-1 has stated in his affidavit that according to the complainant he had sown (11) pockets of Sun-flower Seeds in an area of 14 acres 20 guntas of his land, itself shows that the complainant has not followed the basic requirements of sowing the minimum established quantity of 2 Kgs per acre. The extent of 14 acres 20 guntas of the land requires minimum quantity of 29 Kgs of seeds for sowing and therefore 22 Kgs of seeds as sown in 14 acres 20 guntas is far less. The said land has ill drained soil having geographical area of extensive Ups and Downs. No safe drainage system was introduced in the down area of the land. Even the time of sowing undertook by the complainant on 05-10-05, is not at all advisable for Sunflower crop. The recommended period of sowing the Sun-flower is between 2nd fortnight of August and upto 2nd fortnight of September only. The land in-question being un-even, it is quite but natural about the existence of variation in the size of plants in down area when compared to the upper area of the same land because of fluctuation in the rate of moisture. The agreement of sale of this land filed by the complainant shows that the land in-question was acquired by the complainant only a few months prior to the period of sowing and there was a haphazard preparation of the land without eliminating the weeds and there was also no proper nutrient management and application of sufficient fertilizers & pesticides. Hence in-view of not taking all the precautionary measures the Sun-flower in-question suffered and infected with wide spread virus. These are all the factors which were responsible for the failure of crop. It is also his evidence that the same Brand seeds bearing Batch No. 1474661 supplied to the Ashwani Agency (Bantia) Raichur who in-turn sold the seeds of the same Batch number to various farmer around Raichur. On 05-09-05 including one Khaja Sab Garaladinni who had purchased (11) pockets of 2 Kgs each, Rahamatullah Yeregera (11) pockets, Basavaraj Garaladinni (4) pockets and Kaleel Sab Garaladinni (4) pockets and all these farmers have secured satisfactory yield and there is absolutely no complaint of any nature from these farmers. Hence the say of the complainant that there is defect in the seeds is not genuine and is false. The Ops have produced affidavit-evidence of above said farmers namely (1) Khaja Sab Garaladinni RW-2, (2) Basavaraj Garaladinni RW-3, (3) Khaleel Sab Garaladinni RW-4, & (4) Rahematullah Garaladinni RW-5. The affidavit-evidence in these witnesses go to show that they had purchased Sun-flower bred 275 Sun-flower Seeds processor by Syngenta India Ltd., Bearing Batch No. 1474661 from Ashwani Agency Near Navodaya Hospital Gunj, Road Raichur on 05-09-05 they sowed the seeds in their respective lands and secured fruitful yield without any complaint. 12. The complainant has not chosen to cross-examine RWs 1 to 5 and thereby affidavits of evidence of complainant PW-1 has been contraverted by the affidavit of evidence of RW-1 to RW-5 as a whole. Added to this the evidence of PWs- 3 & 4 who have been examined by the complainant are not helpful to him since their evidence disclose that the land in-question is an un-even land and the crops were the age of (106) days and were at maturity stage. Further the evidence of PW-4 S.M. Patil shows that his requisition letter at Ex.P-3 for inspection of the land by the Senior Scientist RARS Raichur returned back with an endorsement stating their inability to assess the Genetic Purity of the crop as the crop was in full maturity stage. If these aspects are taken into consideration it amply shows that the complainant has failed to prove that failure of his crop was due to supply of defective and sub-standard sun-flower seeds by Ops. It would be more so when the evidence of RWs 2 to 5 the farmers of Garaladinni and Yeregera village goes to show that they had also sown the same Brand of Sun-flower Seeds in their respective lands and got satisfactory yield without any complaints. 13. Added to this the affidavit-evidence of RW-1 Product Manager of OP.No-3 regarding the period and procedure of sowing Sun-flower seeds etc., has been substantiated by literature Sun-flower and Caster Research in Karnataka an Overview published by University of Agricultural Science Dharwad, as rightly referred to and argued by the learned counsel for Ops. In this Literature Book we see the literature on Crop Production, Soil type, Land Preparation, Seed Rate, Time of sowing, Optimum Plant Population, Fertilizer management, Interculture & Weeding, Improving-Seed-filling and Irrigation. According to this Literature, Sun-flower Seed should be sown in early June as Karib crop and September as Rabi crop and during January as summer crop for getting higher yields. As an adhoc recommendation to combat the viral disease during Kharif, the crop should be sown during 2nd fortnight of August upto 2nd fortnight of September. In this case admittedly the sun-flower seeds were purchased on 03-10-05. Even assuming that the seeds were sown in the 1st week of October 2005, is also against the recommended period of sowing. The Ops have also produced Daily Rainfall Rate from 1st January 2005 to 31-12-05 in Gillesugur Hobali of Raichur Tq. issued by Assistant Executive Engineer Sub-Divisional Gillesugur at Ex.R-15. This Ex.R-15 shows that from 29th September 2005 to 13th October 2005 there was no rainfall in Gillesugur and on 14th October there was Rainfall of 53.4, on 15th October Rainfall of 30.4 and on 16th October Rainfall of 15.6. Further according to above said Literature seed rate of 7.5 Kg/ha for varieties and 5 Kg/ha for Hybrid is recommended. This comes to 2 Kg per acre as deposed by RW-1 and argued by the learned counsel. But in this case according to the complainant (11) pockets of 2 Kg of each were sown in an area of 14 acres 20 guntas of land out of 15 acres 38 guntas of land. So 22 Kg of seeds sown in 14 acres 22 guntas is far less. Consequently, how can there be residual seeds having been given to PW-3 as contended by the complainant. Therefore all these factors falsify the contention of the complainant that he followed of systematic procedure and sown the seeds in favourable climatic condition. Hence it follows that the complainant has failed to prove supply to defective/sub-standard of sunflower seeds by the Ops. Therefore we hold that the complainant has failed to prove deficiency of service by the Ops. So Point NO-1 is answered in the negative. POINT NO.2:- 14. In-view of our above discussion and finding on Point NO-1 we holding the failure of the complainant to prove deficiency in service by the Ops. hence the complainant is not entitled for the reliefs sought for. In the result we pass the following order: ORDER The complaint of the complainant being devoid of merits is hereby dismissed. No order as to cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 03-11-06) Sd/- Sri. N.H. Savalagi President Dist.Consumer Forum-Raichur. Sd/- Sri.Pampannagouda Member. Dist.Consumer Forum-Raichur. Sd/- Smt.Kavita Patil Member. Dist.Consumer Forum-Raichur.

This is a complaint filed U/s. 12 of Consumer Protection Act by the complainant against three Opposite Parties 1 to 3. The brief facts of the complaint are as under:- OP.No-1 is M/s. Sri Krishna Commercial Corporation Seeds and Pesticides Distributors at Sindhanur, OP.No-2 is M/s. Laxmi Narasimha Trading Company Dealers of pesticides Seeds and fertilizers at Raichur and OP.No-3 is M/s. Syngenta India Ltd., by its Managing Director Seeds Division Shivajinagar at Pune. The complainant-K.Sharanappa Gouda is an agriculturist having landed property including the agricultural land bearing Sy.No. 178 measuring 15 acres 36 guntas situated within the limits of Matamari village of Raichur Tq. On 03-10-05 he purchased (11) pockets each containing 2 Kgs of Sun-bred 275 Seeds brand of Sun-flower seeds under bill No. 9221 vide batch No. 1474661 from OP.No-2 at the rate of Rs. 560/- per pocket. OP.No-1 is the sole distributor and principal supplier. The complainant took all precautionary and safety measures for sowing the seeds in an area of 14 acres and 20 guntas of his above said land and also followed all the procedures of agricultural activities which are must for sowing and cultivation of Sun-flower crops. Rainfall was also sufficient in that year and the said land comes under T.B. Canal and he had also applied permissible fertilizers and pesticides. He being an agriculturist and was growing Sunflower for many years is having sufficient knowledge and experience how to grow the plants. The said seeds were sown in fvourable climatic condition. The complaint noticed that the Sun-flower plants are not in uniform and variation in height. Having noticed of failure of crops he immediately informed OP.No-2 to do the needful. But OP.No-2 dragged the matter and finally did not take any care. As he could not get any response from OP.No-2 so he approached Assistant Director of Agriculture Raichur, for inspection of his land on 17-01-06. One Choudary, Assistant Agriculture Officer, Gillesugur and Sri S.M. Patil Assistant Director of Agriculture, Raichur with their Team of University of Agricultural Science Raichur came to his land and noticed that the plants height were not in uniform and variation in the height. The said officers collected plant seeds available with the complainant to ascertain the defect. The authority of University of Agricultural Science Raichur also took video-graphy of the entire land. The complainant had invested huge amount at the rate of 5,000 per acre towards cost of seeds, ploughing, fertilizers, watering & labouring etc., If the seeds were good he would have got a net income of Rs. 7,000/- per acre. In-view of defect of seeds of Ops he has put to heavy loss of Rs. 1,74,000/-. Therefore there is deficiency of service on the part of Ops who have supplied the defective and sub-standard. Therefore Ops are liable to reimburse the loss sustained by complainant. Hence for all these reasons he has prayed for a direction to Ops to pay a sum of Rs. 1,74,000/-with interest and cost and proceedings. 2. Originally this complaint was filed only against OP.No-1 & 2 and subsequently by-way of amendment, the OP.No-3 was added. In-pursuance of notice, the Ops 1 to 3 appeared though their counsel and filed a common written statement as under:- The complaint is wholly false, vexatious and without any cause of action. The purchase of (11) pockets of Sun-bred 275 seeds supplied by Ops under bill No. 9221 on 03-10-05 is not disputed. But OP.No-1 has sold the same brand and Batch Number of seeds supplied by OP.No-3 to various traders in and around District Raichur and those traders also sold the seeds of same Batch Number to innumerable farmers and there is no complaint of what so-ever nature from any single farmer, except the complainant herein through this complaint. The say of the complainant that he had sown only (11) pockets of the said brand of seeds in an area of 14 acres 20 guntas itself shows that the complainant has not followed basic requirements of sowing the minimum established-quantity of 2 Kgs per acre. The extent of 14 acres 20 guntas of land requires minimum quantity of 29 Kgs of seeds for sowing and therefore 22 Kgs of seeds in (11) Pockets sown in 14 acres 20 guntas is far less. The land in-question has ill drained soil having the geographical area of extensive ups and downs. No safe drainage system was introduced in down area of the land. Even the time of sowing under took by the complainant on 05-10-05 is not at all advisable for Sun-flower crop. The recommended period for sowing of Sun-flower is between 2nd fortnight of August and upto 2nd fortnight of September only. As the Sun-flower crop is suspectable for water logging even for one day the land in-question being un-even, it is quite but natural about the existence of variation in the size of the plants in down area compared to the upper area of the said land because of fluctuation in the rate of moisture. The agreement of sale deed filed by the complainant shows that the land in-question was acquired only a few months ago from the period of sowing. There was a haphazard preparation of the land without eliminating the weeds and there was also no proper nutrient management and application of sufficient fertilizers and pesticides. In-view of not taking all these precautionary measures the sun-flower crop in-question suffered and infected with wide-spread virus. Further as per the statistical data of the rainfall recorded by the Competent Authority there was an excessive rainfall in Gillesugur area within (10) days after sowing all the seeds in land which resulted the existence of high moisture in the down area of the land in-question. All these factors are responsible for the failure of crop. Therefore the allegations made by the complainant that he followed all systematic procedure and sown the seeds in-question in favourable climatic condition and by applying sufficient fertilizers and pesticides are all devoid of truth. The complainant had never approached OP.No-2 with any such complaint and he has knowingly made such false allegations. Therefore the allegation that he informed OP.No-2 and he dragged & prolonged the matter etc., are just invented for the sake of this complaint. At the ripening stage of the crops i.e, on 17-01-06, the complainant having noticed that the crop in-question suffered from virus infection because of his poor field-management has dis-honestly addressed a letter to Assistant Director of Agriculture Raichur and in this connection the AAO inspected the land and found that the size of the plants were high in upper area of the land and shorter in low lying area of the land because of the moisture. There was wide spread virus inspection on the crops and the land level was un-even. The ADA Raichur, further requested the Senior Scientist (Head breeding) AICRI on Sun-flower Raichur to report after inspecting the crops. Even the said authority has also given an endorsement on the said letter stating that the crop in-question was at full maturity stage and it was very difficult to assess the genetic purity. Hence it is submitted that as soon as copy of letter dt. 19-01-06 sent to ADA Raichur to the OP.No-2 which was received on 28-01-06 the OP.No-2 promptly visited the spot on 02-02-06 and found that the land in-question was un-even land and since it was excessive rainfall at visited space with corresponding moisture and wide spread virus on the crop and because of improper sowing. The OP.No-1 & 2 have accordingly replied to ADA Raichur vide their letter dt. 03-02-06. These factors are deliberately suppressed by the complainant. The complainant has falsely averred that the ADA Raichur visited the spot and collected residual seeds. But, when the complainant had purchased only (11) pockets of 2 Kgs each of Sun-flower Seeds which are far from the minimum quantity of sowing in an area of 14 acres 20 guntas. So it is highly impossible to save the residual seeds out of said quantity. Therefore the say of complainant that residual seeds were given by him to ADA and video-graphy was done by the officials etc., are all invented. OP.No-3 is the leading Multi-National Company having its Head Quarters in Basle, Switzerland and listed on Newyork & Zurich stock exchanges. It is operating in (90) countries by having sales of over $ 6 Billion USD 30,000 Crores. Its Research and Development spending is 11% of sales i.e, Rs. 3,500 Crores per annum with over 100 years of experience and expertise. OP.No-3 has been supplying long established vegetable and flower seeds including a wide range of high quality seeds of Tomatto, Pepper, Cabbage, Sun-flower, Water melon, Beens, Sweet Corn, Pokar and Egg plant. With over 100 years experience the OP.NO-3-Syntenta is called for its reputation in processing high quality of seeds of sun-flower corn, cotton and paddy. It follows all the modern scientific methods and takes immense care after observing strict quality measures. So far not a single complaint against its brand has been received. The relevant data showing the sequence of stages quality standards being observed by OP.NO-3 before release of seeds in the market field. The Same Brand of seeds bearing Batch No. 1474661 supplied to the Ashwani Agencies (Bantia) Raichur who in-turn sold the following quantity of seeds as bearing the same Batch Number to the following farmers around Raichur: Sl.No. Bill No. Date Name of farmer Quantity Amount/price 1. 352 05-09-05 Khaja Sab Garaladinni. 4 pockets of 2 Kgs each Rs. 2,200/- 2. 351 -do- Ramatul asamma 11 pockets of 2 Kgs each Rs. 6,105/- Yeregera village 3. 355 -do- Basavaraj Garaladinni 4 pockets of 2 Kgs each Rs. 2,200/- 4. 353 -do- Khaleel Sab Garaladinni 4 pockets of 2 Kgs each Rs. 2,200/- All the above farmers have secured satisfactory yield and absolutely there is no complaint of any nature from these farmers. Hence the say of the complainant that there is defect in the seeds is not genuine and not based on any concrete proof of evidence. Hence there is no deficiency of service on the part of Ops that they have supplied defective and sub-standard seeds etc., are all false and baseless is not based on any justifiable reasons. Further the say of the complainant that he had invested huge amount of Rs. 5,000/- per acre is not correct. Hence for all these reasons Ops 1 to 3 have prayed for dismissal of the complaint. 3. During the course of enquiry the complainant has filed his sworn affidavit-evidence as PW-1 and sworn affidavit-evidence of his witness Badrinarayanacharya as PW-2 and further he has examined two more official- witnesses as PWs- 3 & 4 and got marked in all (11) documents at Ex.P-1 to P-11. In-rebuttal the sworn affidavit-evidence of OP.No-3 is filed as RW-1 and filed four affidavits-evidence of their witnesses as RW-2 to RW-5 and got marked in all (19) documents at Ex.R-1 to R-19. 4. Heard the arguments of both sides and perused the records. The following points arise for our consideration:- 1. Whether the complainant proves deficiency in service by the Opposite Parties by supplying sub-standard/defective seeds of Sun-flower as alleged.? 2. Whether the complainant is entitled for the reliefs sought for? 5. Our finding on the above points are as under:- 1. In the negative. 2. As per final order for the following. REASONS POINT NO.1:- 6. There is no dispute that the complainant had purchased (11) pockets each containing 2 Kgs of Sun-flower seeds of Sun-bred 275 Seeds vide Batch No. 1474661 from OP.No-1 at the rate of Rs. 560/- per pocket under bill No. 9221 dt. 03-10-05. The complainant contents that he is an agriculturist having landed property including the land bearing Sy.No. 178 of Matamari village of Raichur Tq. To show his ownership and possession over the said land Sy.No. 178 the complainant has produced Xerox copy of Agreement of Sale dt. 29-04-05 at Ex.P-7 and certified copy of Record of Rights for the year 2005-06 of land Sy.No. 178 at Ex.P-8. He has also produced R. O. R. for the year 2005-06 of his other lands at Matamari village bearing Sy.No. 41/Hissa AA, at Ex.P-9, Sy.No. 492/Hissa-3 at Ex.P-10 and Sy.No. 493/Hissa-3 at Ex.P-11. All these documents have been got marked with no-objection by the other side. So it follows that there is no dispute regarding the possession and cultivation of the land Sy.No.178 by the complainant by virtue of agreement of sale entered into by the complainant with PW-2 Badrinarayanacharya. 7. It is the case of the complainant that on 03-10-05 he purchased (11) pockets each containing 2 Kgs of Sun-bred 275 of Sun-flower Seeds from OP.No-1 during the agricultural year 2005-06. There was sufficient rainfall and the land Sy.No.178 purchased by him comes under T.B. Canal and after purchase he applied permissible fertilizers & pesticides and took all precautionary and safety measures for sowing the Sun-flower Seeds of (11) pockets in an area of 14 acres 20 guntas of the land Sy.No. 178 out of 15 acres 38 guntas. It is his further case that he noticed that the Sun-flower plants were not in uniform and there were more variation in height among the plants. So he immediately informed the OP.No-2 to do the needful. But the OP.No-2 dragged on the matter and finally he did not take any care therefore he approached Assistant Director of Agriculture Raichur, for inspection of his land on 17-01-06. One Choudary, Assistant Agriculture Officer, Gillesugur and one Sri S.M. Patil Assistant Director of Agriculture, Raichur with their Team of University of Agricultural of Science Raichur came to his land and found that the plants height was not in uniform and more variation in the height of the plants. The said officers collected the plants of seeds available with the complainant to ascertain the defects. The Authority of University of Agriculture Science Raichur has also took video-graphy of his entire land. So there is deficiency in service on the part of the Ops for having supplied defective/sub-standard seeds. 8. The complainant in his affidavit-evidence as PW-1 has reiterated the averments of his complaint. PW-2 Badrinarayanacharya in his affidavit-evidence has stated regarding the possession and cultivation of the land Sy.No. 178 by the complainant under the agreement of sale entered into by him with complainant. PW-3 & P-4 are the official witnesses examined by the complainant. PW-3 Somalingappa Choudary is Agriculture Assistant in Agriculture Office (Raitha Samparka Kendra) Gillesugur. He states that Matamari village comes under Hobali jurisdiction of Gillesugur. According to him on 03-01-06 he received a copy of application of the complainant through Assistant Director of Agriculture Raichur for inspection. Since there was no land Sy.No. 178 in Gillesugur village limits as shown in the said application, so he returned the same to Assistant Director of Agriculture Raichur. Again on 18-01-06 he was informed by his Raichur office about filing of another application by the complainant and accordingly he went to Raichur Office and got it. Accordingly he went to Matamari village on 19-01-06 for inspection of the land Sy.No-178 of the complainant. After inspection of the said land he submitted his report to the ADA Office Raichur on the same day. At the time of inspection the complainant was present and he was not accompanied by any officials of his office. During his inspection he collected Sun-flower plants raised in the land and found that the land was un-even. According to him in down area of the said land the plants were short in-height. On the date of his inspection the age of the Sun-flower plants were of (106) days. Since the plants were over aged and in maturity stage so he could not form his opinion about the affect of disease and pest to the said plants. This witness PW-3 has been cross-examined by the complainants counsel by treating him as hostile but however PW-3 has denied the suggestion that at the time of his inspection the complainant had taken the photography of the land with standing crops in his presence and that subsequent to his inspection he had again went to the said land along with the study team of student of University of Agricultural Science, Raichur along with ADA Raichur. 9. PW-4 S.M. Patil is Assistant Director of Agriculture Raichur. He states that on 02-01-06 he received Application of the complainant from Joint Director of Agriculture Raichur which was filed by the complainant on 30-12-05. On going through the said application as the land pertains to Gillesugur village so he forwarded the said application to Raitha Samparka Kendra Gillesugur. On 16-01-06 the said application was sent back by the Gillesugur office as the Sy.No. of the land mentioned in the application was not at all situated in Gillesugur village limits and this fact was informed to the complainant. It is also the evidence of this PW-4 that on 17-01-06 the complainant filed another Application addressed to his office. Then he forwarded the same to Raitha Samparka Kendra Gillesugur for inspection and report in-respect of land Sy.No.178 of Matamari village. According to him Inspection means to verify the condition of standing crops in the said land. On 19-10-06 he received the inspection Report from Gillesugr office. On the basis of said Report he sent a requisition to Associate Director of Regional Agriculture Research Station, Raichur for inspection of the said land by Scientist as to ascertain the genetic purity and condition of standing crop. His requisition letter was returned with an Endorsement by Senior Scientist and Head (Breeding) AICRP on Sun-flower Raichur on 02-02-06, stating their in-ability to assess the genetic purity of the crops as the said crop was in full maturity stage. The same was accordingly informed to the complainant on 08-02-06. In the cross-examination by the counsel for Ops, this PW-4 has stated that the Report submitted by the Assistant Agriculture Officer Raitha Samparka Kendra, Gillesugur disclosed that the size of plants in down area of the land was shorter in size because of moisture presence and the crop was proun to virus. According to him he has not inspected the land of the complainant or accompanied PW-3 during inspection of the said land. According to him about 2 Kgs of Sun-flower Seeds of minimum quantity is required for sowing in one acre of land. 10. The complainant has produced (11) documents at Ex.P-1 to P-11. Ex.P-1 is copy of the letter of the complainant dt. 17-01-06 addressed to Director of Agriculture, Raichur. Ex.P-2 (1) & Ex.P-2 (2) are the two coloured photographs of the crops of the complainants land. Ex.P-3 is the copy of letter dt. 13-03-06 issued by ADA Raichur. Ex.P-4 is the original bill No. 9221 dt. 03-10-05 issued by OP.No-2 regarding purchase of (11) pockets of Sun-flower seeds. Ex.P-5 is the original cash memo dt. 03-10-05 issued by Adinarayana Shetty & Sons Raichur regarding purchase of Fertilizer. Ex.P-6 is copy of the letter dt. 08-02-06 issued by ADA Raichur to the complainant. Ex.P-7 is the copy of agreement sale of land dt. 29-04-05 between the complainant and PW-2 Badrinarayanacharya. Ex.P-8 to P-11 are the Record of Rights of land Sy.No178, 41/A, 492/3, 493/3 of Matamari village. Ex.P-1 is letter/complaint of the complainant that he had sown sun-flower seeds in an area of 14 acres 20 guntas of his land Sy.No. 178 of Matamari village and that he had purchased sun-flower Seeds- Sun-bred under Batch No. 1474661 from the shop of M/s. Laxmi Narasimha Trading Company Raichur under bill No. 9221. The seeds being sub-standard and defective he could not get crops in his land so he sought for taking proper action and for grant of compensation. As stated supra PW-4 S.M. Patil states that on 17-01-06 the complainant filed an application (Ex.P-1) then he forwarded the same to (PW-3) Raitha Samparka Kendra Gillesugur for inspection of standing crops in land Sy.No. 178 of Matamari village and to report. PW-3 Somalingappa Choudary Agriculture Assistant Gillesugur stated that on 18-01-06 he went to land Sy.No.178 of Matamari village for inspection and found that the land was un-even. In down area of the said land, the Sun-flower plants were short in height. The age of Sun-flower plants were of (106) days as on the date of his inspection. Since the plants were over aged and in maturity stage, he could not form his opinion about the effect of disease and pest to the said plants. The evidence of PW-4 Assistant Director of Agriculture Raichur goes to show that on 19-01-06 he received the Inspection Report from Gillesugur Office (PW-3) and on the basis of same he sent a requisition letter (vide Ex.P-3) to the Associate Director of Regional Agricultural Research Station Raichur for inspection of the Sun-flower crops in the said land of the complainant by Scientist to ascertain the genetic purity and condition of the standing crops. According to him his requisition letter was returned with an endorsement by Senior Scientist and Head (Breeding) AICRP on Sun-flower RARS Raichur on 02-02-06 stating their in-ability to assess the genetic purity of the crop as the said crop was in full maturity stage. The same was accordingly informed to the complainant on 08-02-06. In Ex.P-3 the requisition letter of PW-4 we find the endorsement as stated by PW-4. This endorsement of Associate Director of Senior Scientist and Head (Breeding) AICRP of Sun-flower RARS Raichur states that the above said crop is in full maturity stage. It is very difficult to assess the genetic purity at this stage. 11. The Ops have adduced the affidavit-evidence of OP.No-3 Product Manager Sun-flower Syngenta India Ltd., Bijapur as RW-1 and four affidavit-evidence of their witnesses as RW-2 to RW-5. This RW-1 has stated in his affidavit that according to the complainant he had sown (11) pockets of Sun-flower Seeds in an area of 14 acres 20 guntas of his land, itself shows that the complainant has not followed the basic requirements of sowing the minimum established quantity of 2 Kgs per acre. The extent of 14 acres 20 guntas of the land requires minimum quantity of 29 Kgs of seeds for sowing and therefore 22 Kgs of seeds as sown in 14 acres 20 guntas is far less. The said land has ill drained soil having geographical area of extensive Ups and Downs. No safe drainage system was introduced in the down area of the land. Even the time of sowing undertook by the complainant on 05-10-05, is not at all advisable for Sunflower crop. The recommended period of sowing the Sun-flower is between 2nd fortnight of August and upto 2nd fortnight of September only. The land in-question being un-even, it is quite but natural about the existence of variation in the size of plants in down area when compared to the upper area of the same land because of fluctuation in the rate of moisture. The agreement of sale of this land filed by the complainant shows that the land in-question was acquired by the complainant only a few months prior to the period of sowing and there was a haphazard preparation of the land without eliminating the weeds and there was also no proper nutrient management and application of sufficient fertilizers & pesticides. Hence in-view of not taking all the precautionary measures the Sun-flower in-question suffered and infected with wide spread virus. These are all the factors which were responsible for the failure of crop. It is also his evidence that the same Brand seeds bearing Batch No. 1474661 supplied to the Ashwani Agency (Bantia) Raichur who in-turn sold the seeds of the same Batch number to various farmer around Raichur. On 05-09-05 including one Khaja Sab Garaladinni who had purchased (11) pockets of 2 Kgs each, Rahamatullah Yeregera (11) pockets, Basavaraj Garaladinni (4) pockets and Kaleel Sab Garaladinni (4) pockets and all these farmers have secured satisfactory yield and there is absolutely no complaint of any nature from these farmers. Hence the say of the complainant that there is defect in the seeds is not genuine and is false. The Ops have produced affidavit-evidence of above said farmers namely (1) Khaja Sab Garaladinni RW-2, (2) Basavaraj Garaladinni RW-3, (3) Khaleel Sab Garaladinni RW-4, & (4) Rahematullah Garaladinni RW-5. The affidavit-evidence in these witnesses go to show that they had purchased Sun-flower bred 275 Sun-flower Seeds processor by Syngenta India Ltd., Bearing Batch No. 1474661 from Ashwani Agency Near Navodaya Hospital Gunj, Road Raichur on 05-09-05 they sowed the seeds in their respective lands and secured fruitful yield without any complaint. 12. The complainant has not chosen to cross-examine RWs 1 to 5 and thereby affidavits of evidence of complainant PW-1 has been contraverted by the affidavit of evidence of RW-1 to RW-5 as a whole. Added to this the evidence of PWs- 3 & 4 who have been examined by the complainant are not helpful to him since their evidence disclose that the land in-question is an un-even land and the crops were the age of (106) days and were at maturity stage. Further the evidence of PW-4 S.M. Patil shows that his requisition letter at Ex.P-3 for inspection of the land by the Senior Scientist RARS Raichur returned back with an endorsement stating their inability to assess the Genetic Purity of the crop as the crop was in full maturity stage. If these aspects are taken into consideration it amply shows that the complainant has failed to prove that failure of his crop was due to supply of defective and sub-standard sun-flower seeds by Ops. It would be more so when the evidence of RWs 2 to 5 the farmers of Garaladinni and Yeregera village goes to show that they had also sown the same Brand of Sun-flower Seeds in their respective lands and got satisfactory yield without any complaints. 13. Added to this the affidavit-evidence of RW-1 Product Manager of OP.No-3 regarding the period and procedure of sowing Sun-flower seeds etc., has been substantiated by literature Sun-flower and Caster Research in Karnataka an Overview published by University of Agricultural Science Dharwad, as rightly referred to and argued by the learned counsel for Ops. In this Literature Book we see the literature on Crop Production, Soil type, Land Preparation, Seed Rate, Time of sowing, Optimum Plant Population, Fertilizer management, Interculture & Weeding, Improving-Seed-filling and Irrigation. According to this Literature, Sun-flower Seed should be sown in early June as Karib crop and September as Rabi crop and during January as summer crop for getting higher yields. As an adhoc recommendation to combat the viral disease during Kharif, the crop should be sown during 2nd fortnight of August upto 2nd fortnight of September. In this case admittedly the sun-flower seeds were purchased on 03-10-05. Even assuming that the seeds were sown in the 1st week of October 2005, is also against the recommended period of sowing. The Ops have also produced Daily Rainfall Rate from 1st January 2005 to 31-12-05 in Gillesugur Hobali of Raichur Tq. issued by Assistant Executive Engineer Sub-Divisional Gillesugur at Ex.R-15. This Ex.R-15 shows that from 29th September 2005 to 13th October 2005 there was no rainfall in Gillesugur and on 14th October there was Rainfall of 53.4, on 15th October Rainfall of 30.4 and on 16th October Rainfall of 15.6. Further according to above said Literature seed rate of 7.5 Kg/ha for varieties and 5 Kg/ha for Hybrid is recommended. This comes to 2 Kg per acre as deposed by RW-1 and argued by the learned counsel. But in this case according to the complainant (11) pockets of 2 Kg of each were sown in an area of 14 acres 20 guntas of land out of 15 acres 38 guntas of land. So 22 Kg of seeds sown in 14 acres 22 guntas is far less. Consequently, how can there be residual seeds having been given to PW-3 as contended by the complainant. Therefore all these factors falsify the contention of the complainant that he followed of systematic procedure and sown the seeds in favourable climatic condition. Hence it follows that the complainant has failed to prove supply to defective/sub-standard of sunflower seeds by the Ops. Therefore we hold that the complainant has failed to prove deficiency of service by the Ops. So Point NO-1 is answered in the negative. POINT NO.2:- 14. In-view of our above discussion and finding on Point NO-1 we holding the failure of the complainant to prove deficiency in service by the Ops. hence the complainant is not entitled for the reliefs sought for. In the result we pass the following order: ORDER The complaint of the complainant being devoid of merits is hereby dismissed. No order as to cost. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 03-11-06) Sd/- Sri. N.H. Savalagi President Dist.Consumer Forum-Raichur. Sd/- Sri.Pampannagouda Member. Dist.Consumer Forum-Raichur. Sd/- Smt.Kavita Patil Member. Dist.Consumer Forum-Raichur.