THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BHIWANI.
Complaint No.: 209 of 2010.
Date of Institution: 17.03.2010.
Date of Decision: -05.12.2016.
Nar Singh aged 36 years son of Sh. Manpal Singh, resident of village Siras Ghoghra, Tehsil and District Bhiwani.
….Complainant.
Versus
- Neeraj Beej Company Shop No. 11, Sabji Mandi Bhiwani through its Proprietor.
- Noble Seeds Pvt. Ltd. 33 Noble House Khera Kalan Delhi-110082, through its Managing Director.
- District Horticultural Officer Bhiwani Govt. of Haryana New Fodder Market Loharu Road, Bhiwani.
…...OPs.
COMPLAINT UNDER SECTION 12 AND 13 OF
THE CONSUMER PROTECTION ACT, 1986.
BEFORE: - Shri Rajesh Jindal, President
Mrs. Sudesh, Member
Present:- None for complainant.
None for Ops no. 1 & 2.
OP no. 3 exparte.
ORDER:-
Rajesh Jindal, President:
The case of the complainant in brief, is that he had purchased 40 packed Bags containing 500 gm. Seed each of Bhindi Laxmi-21 Noble Seed from OP no. 1 vide bill no. 555 dated 05.02.2010 at the rate of Rs. 150/- per kg. and had paid Rs. 3,000/- and had sown the seeds in one acre of agricultural field. It is alleged that he had also purchased 7 kg of Bhindi seed and had sown the same in a half acre of adjoining land on the same day but the Ops no. 1 & 2 had not germinated whereas the seed of choice marka was fully germinated. It is alleged that the 10% seed of the Ops no. 1 & 2 had germinated and remaining was not germinated due to manufacturing defect and he had complained to the Ops but to no avail. The complainant further alleged that due to the act and conduct of the respondents, he had to suffer mental agony, physical harassment and humiliation. Hence, it amounts to deficiency in service on the part of respondents and as such, he has to file the present complaint for seeking compensation.He
2. On appearance, OP no. 1 has filed written statement alleging therein that the complainant has been selling good seeds and there is no complaint whatsoever from any corner. It is submitted that the OP no. 3 take seeds sample on the request of the farmers of the above said crop variety and sent for testing in the Haryana Govt. Laboratory Karnal the germination report of the above said variety seed was found which is satisfactory. It is submitted that the crop also could not be grown up due to so many climate factors like Temporaries, monsture of land etc. and other cultural activities. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of OP no. 1 and complaint of the complainant is liable to be dismissed with costs.
3. Opposite party no. 2 on appearance filed separate written statement alleging therein that the complainant had not purchase 7 kg of Bhindi seed with the brand name of the choice and not sown the same in a half acre of adjoining land on the same day and the OP no. 2 company is good quality seed company. It is submitted that the no complainant complaint the OP and not Ops no. 1 & 2 visited the agriculture filed of the complainant and not advise to the OP no. 1 on telephone not to sale the seed of the batch number to any other farmer being defective. Hence, in view of the circumstances mentioned above, there is no deficiency in service on the part of OP no. 2 and complaint of the complainant is liable to be dismissed with costs.
4. OP no. 3 has failed to come present. Hence he was proceeded against exparte vide order dated 11.07.2011.
5. In order to make out his case, counsel for the complainant has placed on record Annexure C1 to Annexure C6 alongwith supporting affidavit.
6. This case is pending for arguments since 12.10.2011 but the parties repeatedly sought adjournment time and again. From the perusal of the zimini orders it has been observed that since 15.10.2015 nobody is appearing on behalf of the parties to give an opportunity to the parties to advance their arguments the case was adjourned again and again but despite several adjournments over a period of one year none of the parties appeared to argue the case. This case is become very old. We proceed to decide this case on the basis of the material on the file.
7. As per the contention of the complainant he purchased the seed from the OP no. 1 and the seed is being produced and marketed by OP no. 2. The seed was sowed by the complainant in his field and 10 per cent of the seed germinated and the remaining seed not germinated & a complaint was made by the complainant to the OP no. 3 who visited the field of the complainant. The report of OP no. 3 is Annexure C-5. As per the contention of the complainant due to the poor quality of seed the complainant has suffered loss.
8. The Ops no. 1 & 2 in their written statement has denied the allegations of the complainant. They contended that the OP no. 3 take the sample of seeds and the same is sent for testing in the Haryana Govt. Laboratory, Karnal and as per report of the said laboratory the germination of the said seed is found satisfactory. The seed supplied by the Ops no. 1 & 2 was of good quality. It is further contended by the Ops no. 1 & 2 as per the testing report of Karnal Annexure C-6 the germination of seed was found 66% which is satisfactory. The Ops no. 1 & 2 has denied that the OP no. 3 has not visited the field of the complainant nor informed the answering Ops about his visit.
9. In the light of the pleadings of the parties, we have examined the relevant material on record. The OP no. 3 District Horticulture Officer, Bhiwani in his reply to the complaint has mentioned that in response of the farmer request the seed sample of the abovesaid crop variety was taken and sent for testing in the report of Karnal. The germination report of the abovesaid variety seed found 66% which is satisfactory. The report of Karnal Testing Laboratory is annexed with the written statement as Annexure C-6.
10. The claim of the complainant is based on the report of the District Horticulture Officer, Bhiwani who has pleaded as OP no. 3. The OP no. 3 in his reply has clearly stated that the germination report of Testing Report Karnal is Annexure C-6 who has found germination 66 per cent which is satisfactory. The complainant has relied upon the said reports which do not support the version of the complainant that the germination was at 10 per cent as alleged by him in his complaint. No cogent evidence has been adduced by the complainant in support of his contention. Considering the facts of the case, we do not find any merit in the complaint. Therefore, the complaint of the complainant is dismissed with no order as to costs. Certified copies of the order be sent to the parties free of costs. File be consigned to the record room, after due compliance.
Announced in open Forum.
Dated: 05.12.2016. (Rajesh Jindal)
President,
District Consumer Disputes
Redressal Forum, Bhiwani.
(Sudesh)
Member.
