Haryana

Karnal

CC/333/2017

Hari Ram - Complainant(s)

Versus

National Seeds Corporation - Opp.Party(s)

Kuldeep Singh

16 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.333 of 2017

                                                         Date of instt. 09.10.2017

                                                         Date of decision:16.2.2018

 

Hari Ram son of Jiya Lal resident of village Khera, Tehsil Indri, District Karnal.                                                                                                                                                                                                                                                        …….Complainant.      

                                        Versus

 

National Seeds Corporation, Regional office, 5 mail Road, Karnal through its Regional Manager.

                                                                     …..Opposite Party.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Shri Jagmal Singh……President

              Shri Anil Sharma……Member

 

 Present  Shri Kuldip Singh Advocate for complainant.

                Opposite party exparte.

                       

ORDER:                    

 

                         This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act 1986 on the averments that complainant has purchased 2 bags of PB-1509 seeds for Rs.800/- from the OP. After purchase of the said seeds complainant prepared the nursery and when the nursery was ready thereafter the same was planted in the field as per the norms and instructions of the OP after ploughing the fields. The said seeds were planted in 2 acres. The complainant gave the pesticides and fertilizer in the said crops as per the norms and instructions of the OP and spent more than Rs.15,000/- per acres.  When the paddy crop was ready to come out as half of paddy crop was not ready to come out and half of the paddy crop was come out. After seen the situation of paddy crop the complainant approached to the OP and told about the situation of the paddy crop. The OP made inspection and found that some of the paddy crop was ready to come out and some of the paddy crop was come out. Thereafter, complainant moved an application before the Deputy Director Agriculture, Karnal to inspect the agriculture land of the complainant and to report about the loss. Thereafter, the officials of the Deputy Director Agriculture, Karnal constituted a committee and visited the fields of the complainant and inspected the paddy crop and observed that there was 45% mixing in the quantity of paddy. The off type plant reduces the quality of main crop due to green and immature grain. That off type plant mature 10-15 days earlier or late from the main crop and also reduced 10-12 Qtls yield of main crop. The officers of the Deputy Director Agriculture Karnal have assessed the loss just as formality whereas the seeds provide by the OP was 45% mixed. It is pertinent to mention here that the seeds provided by the OP to the complainant were of inferior quality and due to this the complainant has suffered loss to the tune of Rs.50,000/- per acres. After receiving the report from Deputy Director Agriculture, Karnal the complainant approached the OP and requested to compensate him on account of inferior quality of seeds, but OP did not pay any heed to his request. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte by the order of this Forum dated 16.11.2017.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C6 and closed the evidence on 14.12.2017.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             The complainant had purchased 2 bags of PB-1509 seeds from OP, vide bill no.3958, dated 2.5.2017 for Rs.800/-, the copy of which is Ex.C1. He sown the said seed in 1½  acre of land. When the crop grew up he found that half of paddy crop was not ready to come out and half of the paddy crop was come out. The complainant moved an application to the Deputy Director Agriculture, Karnal, who got inspected the field on 29.08.2017 through a committee and the committee gave its report Ex.C2.  As per the report of team of the Experts that there was 45% mixing in the main paddy crop with some other paddy plants. The off type plant reduces the quality of main crop.

6.             The allegation of the complainant that he approached opposite party to inspect the field of the complainant and verify the report about the existing condition of the crop given by the Deputy Director Agriculture Karnal. To prove this fact no step was taken by the opposite party and these allegations of the complainant finds support from his affidavit. Even otherwise, a farmer, who is going to suffer loss on account of substandard seed or mixing of other variety seeds, would certainly complain to the person from whom the seed was purchased. Therefore, there is no reason to ignore the report Ex.C2. On the other hand, to prove his case OP did not appear and opted to proceed against exparte. Hence evidence produced by the complainant is unchallenged and unrebutted and there is no reason to disbelieve the same.

7.             In view of the facts and circumstances of the case, it is clear that the seed supplied by the OP was not of good quality rather the same was substandard and it is also established that the complainant must have suffered loss and the OP is bound to compensate him, as the loss was suffered due to supply of substandard seed. The complainant had sown the said seed in 1½  acre of land. The complainant has not produced any such evidence vide which it can be proved that how much loss he had suffered. Looking into the facts and circumstances of the case, we are of the considered view that the interest of justice will be met if we grant the compensation to the tune of Rs.25000/- to the complainant for the loss in the crop of 1½ acres.

8.             As a sequel to the foregoing discussion, we accept the present complaint and direct the OPs to pay Rs.25,000/- to the complainant as compensation and to refund Rs.800/- the cost of the seed. We further direct OPs to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied with within 30 days from the receipt of copy of this order failing which the abovesaid amount will carry interest @ 8% per annum from the date of order till its realization. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated:16.2.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

                        (Anil Sharma)

                            Member