THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR
Consumer Complaint No. 647-14
Date of Institution : 9.12.2014
Date of Decision : 29.05.2015
Jaskran Singh son of Gurwinder Singh resident of village Kohali Tehsil Ajnala District Amritsar
...Complainants
Vs.
National Seeds Corporation Ltd., Regional Office C-25, Focal Point, Jalandhar, through its authorized officer
Mahajan Traders, 16 Chitra Talkies Road, Amritsar through its Prop./Partner
....Opp.parties
Complaint under section 12/13 of the Consumer Protection Act, 1986
Present : For the complainants : Sh. Amritpal Singh,Advocate
For the opposite party No.1 : Sh. Rakesh Kumar Sharma,Advocate
For opposite party No.2 :Sh.Manoj Kumar,Advocate
Quorum : Sh. Bhupinder Singh, President ,Ms. Kulwant Bajwa,Member &
Sh.Anoop Sharma,Member
Order dictated by :-
Bhupinder Singh, President
1 Present complaint has been filed by Jaskran Singh under the provisions of the Consumer Protection Act alleging therein that he purchased the seeds variety of paddy 1509 of 20 kg for his 4 acres land vide bill No. 16 dated 9.5.2014 for Rs. 2000/-. After the purchase of the seeds , complainant planted the said seeds in his 4 acres land but after some time he was surprised to find that there were two different types of plants i.e. 1509 as well as 1121 and their quanity was 50-50. Then the complainant approached the opposite party and their team visited the fields of the complainant on 5.9.2014 but no report was ever given and left the spot. The complainant then got the report from the Agriculture department vide report dated 17.9.2014, that there are two kinds of plants grown in the fields of the complainant i.e. 1509 and 1121. Complainant has alleged that 1509 basmati can only be harvested with the combine and it ripened one month prior to 1121 variety of paddy and as such the complainant is not in a position to harvest his paddy. As if he harvest the 1509 basmati then he can not get the ripened crop of 1121 and if he waits for one month more time then 1509 is likely to be damaged. Complainant has alleged that he purchased the seeds 1509 with the planning to sow the potatoes crops after harvesting the 1509 paddy crop as it consume less time and now he is also not in a position to sow his potatoes crops in his fields.In this way complainant suffered a loss of Rs. 50000/- per acre due to illegal acts of the opposite party. Alleging the same to be deficiency in service complaint was filed seeking directions to the opposite parties to pay Rs. 2,00,000/- regarding the loss suffered by the complainant. Compensation of Rs. 1,00,000/- alongwith litigation expenses were also demanded.
2. On notice opposite party No.1 appeared and filed written version in which it was submittd that they are under the control of Central Govt and all the production, grading and packing took place in the presence of skilled/technical agricultural officers. It was submitted that as per the recommendation for package of practices for paddy of Punjab Agricultural University, Ludhiana 8-10 kg seeds ar required for one acre land . It was submitted that same seeds were supplied to other suppliers in Punjab & Haryana but not even a single complaint has been received by them. It was submitted that complainant has purchased the seeds from opposite party No.2 and there are also some other complaints against opposite party No.2. Therefore if the seed of best quality is not sold by the opposite party No.2 in that case only opposite party No.2 is liable . Season and time of cultivation or sowing of both the seeds i.e. PUSA 1509 and PUSA 1121 are different which are as under :-
P-1509 Time of Sowing :PUSA 1509- Second fortnight of June
Transplanting :PUSA 1509-Second fortnight of July
Height : 94 cm
Yield : 15.7 quintal per acre
Maturity : PUSA 1509- 125 days after seeding
P-1121 : Time of Sowing :PUSA 1121- first fortnight of June
Transplanting :PUSA 1121- first fortnight of July
Height : 120 cm tall
Yield : 13.7 quintal per acre
Maturity : PUSA 1121- 137 days after seeding
3. It was denied that complainant suffered a loss of Rs. 50000/- per acre due to illegal and unlawful acts of the opposite party. While denying and controverting other allegations, dismissal of complaint was prayed.
4. Opposite party No.2 in its written version has submitted that they have sold the seeds in sealed conditions. The replying opposite party is only dealer and distributor of opposite party No.1. It was submitted that opposite party No.1 is manufacturer and if there was any defect found in the seeds, the opposite party No.1 is only responsible for the same as the replying opposite party sold the seeds in sealed condition . It was further submitted that complainant has not mentioned the batch number of the seeds which he allegedly purchased . The seeds of 1121 and 1509 are almost identical and cannot be differentiated by an ordinary person and in this case it seems that the farmer has mixed the seeds with each. While denying and controverting other allegations, dismissal of complaint was prayed.
5. Complainant tendered into evidence his affidavit Ex.C-1, bill Ex.C-2, photograph Ex.C-3, copy of application moved to Agricultural Officer Ex.C-4, copy of application moved to the Block Agricultural Chogawan Ex,.C-5, copy of report of Agricultural Officer Ex.C-6.
6. Opposite party No.1 tendered affidavit of Sh.Bal Kishan Dhiman, Manager Ex.OP1/1, copy of package of practices for the Crop of Punjab Kharif 2012 Ex.OP1/2, copy of unfinished agenda of NSC to travel next mile Ex.OP1/3, certificate issued by National Seeds Corporation Ltd. Ex.OP1/4.
8. Opposite party No.2 tendered affidavit of Sh.Joginderpal Mahajan Ex. OP2/1, copies of legal notice Ex.OP2/2 to Ex.OP2/4, copy of bills of National Seed Corporation Ex.OP2/5 to OP2/7, copy of postal receipts Ex.OP2/8 to Ex.OP2/10.
9. We have carefully gone through the pleadings of the parties, arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the parties with the valuable assistance of the ld.counsel for the parties.
10. From the record i.e.pleadings of the parties and the evidence produced on record by the parties, it is clear that complainant purchased 20 kg of seeds of Pusa-1509 for the paddy crop for the area of 4 acres from opposite party No.2 vide bill No. 16 dated 9.5.2014 Ex.C-2. The complainants sowed the said seeds of Pusa 1509 and after germination transplanted the plants in their fields of 4 acres. After some time complainant was surprised to find that there were two different types of plants i.e. 1509 and 1121 and their quantity was 50% 50%. The complainant approached the opposite party and their team visited the fields of the complainant on 5.9.2014 but no report was given by them and left the spot .The said seeds were purchased by the complainant from the opposite party No.2 in sealed packs which were manufactured by opposite party No.1. The complainant then moved complaint to Agriculture department who inspected the spot and submitted his report that there was two kinds of plants grown in the fields of the complainant i.e. 1509 and 1121 and with the result the complainant suffered great financial loss. The complainant further submitted that 1509 Basmati can only be harvested with the combine and it ripened one month prior to 1121 variety of paddy and as such complainant is not in a position to harvest his paddy. As such he has suffered total loss of about Rs. 2,00,000/- for 4 acres of land. Ld.counsel for the complainants submitted that all this amounts to deficiency of service on the part of the opposite parties, as a result of which complainants suffered huge financial loss.
11. Whereas case of opposite party No.2 is that they are only the dealer and distributor of of opposite party No.1, who is the manufacturer ; and used to sell the seeds in proper sealed packs . The opposite party No.2 purchased the seeds in sealed conditions from opposite party No.1 vide bills Ex.OP2/5 to Ex.OP2/7 and sold the same in sealed conditions to the complainants. As such the opposite party No.2 is not liable for defect, if any in the seeds.
12. Whereas case of opposite party No.1 is that replying opposite party is under the
control of Central Government and all its production, grading and packing took place in presence of skilled/technical agricultural officers. The same are properly tested and given batch number under the supervision of skilled/expert agricultural officers. As per the instructions of Punjab Agricultural University Ludhiana, 8-10 kg seeds are required for one acre land. But the complainants purchased only 20 kgs of PUSA 1509 seed for 4 acres . As per the aforesaid norms the seed was required about 40 kg. The photograph produced by the complainant Ex.C-3 proves that the crop was densely planted which proves that the complainants might have mixed the seed PUSA 1121 with seed of PUSA 1509. Opposite party further submitted that as per instructions of Punjab Agricultural University Ludhiana (Kharif season package and practice) the time of sowing of PUSA 1509 is different i.e. second fortnight of June , time of transplanting of seed second fortnight of July and its maturity is 125 days after seeding and the yield is 15.7 quintal per acre . Whereas the time of sowing of PUSA 1121 is the first fortnight of June, time of transplanting first fortnight of July, its maturity is 137 days after seeding and yield is 13.7 quintal per acre. The complainant has not mentioned as to when he has sown the aforesaid seeds and when he transplanted the same nor the complainant got tested the seeds of opposite party No.1 in seald packs allegedly purchased from opposite party No.2, from any Laboratory to point out that there was any defect or adulteration in the seed of PUSA 1509 allegedly purchased by the complainant from opposite party No.2 in the sealed packs of opposite party No.1. Ld.counsel for the opposite party submitted that complainants have failed to prove on record any adulteration made by the opposite party in the sealed packs of the seeds , as such there is no deficiency of service on the part of the opposite parties qua the complainant.
13. From the entire above discussion, we have come to the conclusion that the complainant purchased 20 kg of seed of PUSA 1509 for the paddy crop in the area of 4 acres land vide bill dated 9.5.2014 Ex.C-2 from opposite party No. 2 in sealed packets of opposite party No.1 Natiional Seeds Corporation Ltd. The complainant sow the said 20 kg seed of PUSA 1509 and transplanted the plants in his 4 acres of land when the crop matured at the stage of fruits, it came to the notice of the complainant that there was adulteration/mixture of PUSA 1509 and PUSA 1121. As per the complainant version the said seed was purchased by the complainant from opposite party No. 2 in sealed packets which were manufactured by opposite party No.1 , as such no liability can be fastened to opposite party No.2 regarding any defect in the seed as opposite party No.2 sold the seed in sealed packets of opposite party No.1. The complainant alleges that he approached opposite party No.2 and requested for spot inspection and a team visited the fields of complainant on 5.9.2014 , but no report was given and left the spot. As per complainant's version there were two different types of plants i.e. PUSA 1509 as well as PUSA 1121 and their quantity was 50% each. The complainant approached the Agriculture department who submitted their report dated 17.9.2014 in which they submitted that there are two kinds of plants grown in the fields of the complainant i.e. 1509 and 1121. The said report is Ex.C-6. The entire documentary evidence produced by the complainant fully proves that he purchased only 20 kg of seed of PUSA 1509 for his 4 acres of land, whereas as per instructions and recommendations of Punjab Agriculture University, Ludhiana 8 kg to 10 kg seed is required for 1 acre of land as per norms of Agricultural recommendation. As such for proper plantation atleast 35 kg seed was required for 4 acres of land of the complainant. But the complainant has purchased only 20 kg of seed. The photograph produced on record by the complainant Ex.C-3 proves that the crop was densely planted which proves that the complainant might have mixed the seed PUSA 1121 with seed of PUSA 1509, otherwise crop could not be so densely planted as is seen in the photograph Ex.C-3 . Apart from this as per instructions of Punjab Agricultural University, Ludhiana (Kharif season package and practice) time of sowing of PUSA 1509 is different i.e. second fortnight of June , time of transplanting of seed second fortnight of July and its maturity is 125 days after seeding and the yield is 15.7 quintal per acre. Whereas the time of sowing of PUSA 1121 is the first fortnight of June, time of transplanting first fortnight of July, its maturity is 137 days after seeding and yield is 13.7 quintal per acre. The complainant has failed to prove on record as to when he has sown the aforesaid seed and when he transplanted the same. The complainant also failed to get tested the packets of seeds allegedly purchased from opposite party No.2, from any Laboratory to find out whether there was any defect or adulteration in the packed seed of PUSA 1509 manufactured by opposite party No.1 National Seed Corporation Ltd.and allegedly purchased by the complainant from opposite party No.2 in sealed packets. The complainant has not mentioned the batch number of the sealed packets of the seed PUSA 1509 allegedly prepared/packed by opposite party No.1 National Seed Corporation Ltd. nor the complainant has mentioned the date of its packing, etc. So the complainant has failed to prove on record that the seeds of PUSA 1509 purchased by the complainant from opposite party No.2 in sealed packets of opposite party No.1, were adulterated or mixed with seed PUSA 1121. As such the complainant could not prove any deficiency of service on the part of the opposite parties qua the complainant.
14. Resultantly we hold that complaint is without merit and the same is hereby dismissed with no order as to costs. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
29.05.2015 ( Bhupinder Singh )
President
( Kulwant Kaur Bajwa) (Anoop Sharma)
/R/ Member Member
