BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 4th day of November, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha, B.Sc. B.L. - Member 3. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.24/2010 Between: Pasupuleti Upender, S/o Atchaiah, Occu:Agrl. R/o Suvarnapuram (V), Mudigonda (M), Khammam District. .Complainant And 1. M/s Krishna Sai Seeds & Agro implements, KVR Complex, Gandhi Chowk, Khammam Town and District, Represented by its proprietor. 2. Ankur Seeds Private Limited, D.No. 3-5-874/9-203, 2nd Floor, Vipanchi Estate, Hyderguda, Hyderabad rep. by its Regional Manager, P.V.Swamy. 3. Ankur Seeds Private Limited, New Cotton Lay out, Nagpur. Represented by its Managing Director. Opposite parties This C.C. is coming before us for final hearing, in the presence of Sri. B.Ramesh, Advocate for Complainant and of Sri P. Sanjay Kumar, Advocate for opposite parties No.1, 2 & 3; upon perusing the material papers on record; upon hearing the arguments and having stood over for consideration, this Forum passed the following:- O R D E R (Per Smt.V.Vijaya Rekha, Member) 1. This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts of the complaint are that the complainant is an agriculturist, having lands to an extent of Ac. 1.36gts in Sy. No. 173/A/3, situated at Suvarnapuram of Mudigonda Mandal, which is fertile and fit for raising all crops and as such the complainant intends to raise red gram in his lands by seeing wide publicity, given by the opposite parties regarding more yielding and purchased 4 bags of Prabha red gram seeds on 17-7-2009 worth of Rs.400/-, which is manufactured by the opposite parties No.2 & 3. The complainant had followed all the guidelines and precautionary methods given by the opposite parties and the A.O. concerned and sowed the seeds by applying all the required fertilizers and pesticides regularly as per the directions of the A.O.. The plants were grown up greenish but did not flowering, immediately the same was informed to the opposite party No.1 and M.A.O., there is no response from the opposite party No.1. The complainant further submitted that he spent Rs.31,300/- towards purchasing of seeds, fertilizers, pesticides, manures, ploughing and labour charges, but he could not get any yield, usually the estimated yield is of 10 quintals per Acre, which amounts to Rs.40,000/- approximately, in total the complainant will get Rs.72,000/- on Ac.1.36gts. Even in spite of spending Rs.31,300/-, the complainant could not get any yielding due to defective seeds supplied by the opposite parties. Therefore, he approached the Forum by praying to direct the opposite parties to pay Rs.1,00,000/- towards damage of red gram crop and costs. 2. Along with the complaint, the complainant filed his affidavit and also filed the following documents, which were marked as exhibits. Ex.A1:- Photo copy of bill dated 17-07-2009 for Rs.400/-. Ex.A2:- Copy of pahany. Ex.A3:- Declaration certificate, issued by V.R.O., Suvarnapuram. 3. On receipt of notice, the opposite parties appeared through their counsel and the opposite party No.2 filed counter by denying the averments made in the complaint. In the counter, the opposite party No.2 submitted that they never supplied any defective seeds and the seeds supplied by them were of good quality and having prescribed standards as per Seeds Act and also submitted that the complainant had not filed any expert opinion regarding the defective seeds. Usually, the sowing period for red gram is June, in fact the complainant had purchased the seeds in the month of July and failed to mention the date of sowing, percentage of intensity of infestation observed in the crop, usage of fertilizers and pesticides, cultivation methods and water facility to the crop and as such in the absence of any technical report and expert opinion, the opposite parties are no way responsible for payment of any compensation and there is no liability to bear any loss of the complainant and there is no deficiency on the part of them and prayed to dismiss the complaint with exemplary costs. 4. Along with the complaint, the complainant had also filed an I.A. for appointment of Commissioner/Advocate for inspection of crop and estimation of loss, caused to the complainant. Accordingly, this Forum appointed an Advocate/Commissioner for the said purpose, in fact the warrant was not taken by the advocate/commissioner and the counsel for the complainant failed to take any further steps to that effect. 5. In view of the above submissions, now the point that arose for consideration is, whether the complainant is entitled to the relief as prayed for? As seen from the above averments, there is no dispute regarding the purchase of Prabha red gram seeds from the opposite parties on 17-07-2009 for an amount of Rs.400/-. The only dispute is with regard to the defective seeds, as alleged by the complainant. It is the case of the complainant, after purchasing of Prabha red gram seeds, which was manufactured by the Ankur Seeds Pvt. Ltd., sowed in his fields by following all the procedure and precautions prescribed by the opposite parties and A.O. concerned from time to time. But there was no yielding at all and even after giving information regarding the non flowering, the opposite parties did not give proper response. As such he knocked the doors of the consumer Forum on his grievance. On the other hand, the opposite parties denied the averments as mentioned in the complaint by submitting that the seeds supplied by them were not defective and as such prayed to dismiss the complaint. After perusing the material papers on record and petition for appointment of advocate/ commissioner, we observed that the complainant had failed to produce any sufficient proof regarding the cause of damage to his crop and also failed to file any expert opinion, regarding the defective seeds and even could not take any steps for filing any scientific report for estimation of cause of loss and damage and more over the advocate/commissioner, who was appointed to assess the damage and loss, did not take warrant even after granting sufficient time and as such in the absence of any such proof we can not find out any damage caused to the complainant due to defective seeds supplied by the opposite parties and with out any sufficient proof, we cannot fasten any liability on the part of opposite parties and as such the point is answered accordingly against the complainant. 6. In the result, the complaint is dismissed, no costs. Typed to my dictation, Corrected and pronounced by us, in this Forum on this 4th day of October, 2010. President Member Member District Consumers Forum, Khammam APPENDIX OF EVIDENCE Witnesses examined for complainant: None Witnesses examined for opposite parties: None Exhibits marked for Complainant: Ex.A1:- Photo copy of bill dated 17-07-2009 for Rs.400/-. Ex.A2:- Copy of pahany. Ex.A3:- Declaration certificate, issued by V.R.O., Suvarnapuram Exhibits marked for opposite parties: - Nil - President Member Member District Consumers Forum, Khammam
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