Complaint No: 379 of 2019.
Date of Institution: 27.12.2019.
Date of order: 11.01.2024.
Majer Singh Son of Jagir Singh, resident of Village Thriewal Tehsil Batala and District Gurdaspur.
…...Complainant.
VERSUS
New Modern Kheti Sewa Centre, Adda Dhandoi Tehsil Batala and District Gurdaspur, through its Proprietor Karamjit Singh.
….Opposite party.
Complaint U/s 12 of the Consumer Protection Act.
Present: For the Complainant: Sh.Raman Kumar, Advocate.
For the Opposite Party: Sh.Manoj Loomba, Advocate.
Quorum: Sh.Lalit Mohan Dogra, President, Sh.Bhagwan Singh Matharu, Member.
ORDER
Lalit Mohan Dogra, President.
Majer Singh, Complainant (here-in-after referred to as complainant) has filed this complaint under section 12 of the Consumer Protection Act (here-in-after referred to as 'Act') against New Modern Kheti Sewa Centre (here-in-after referred to as 'opposite party).
2. Briefly stated, the case of the complainant is that the complainant is an agriculturist by profession and fully depends on this work for his livelihood. It is further pleaded that complainant is owner and in possession over land measuring 13 Acres which is situated in the revenue estate of Village Thriewal Tehsil Batala and District Gurdaspur. It is pleaded that the opposite party is dealing in Seeds, Pesticides, Fertilizers and insecticides etc. and selling the same to the farmers under the name and style of "New Modern Kheti Sewa Centre" for agriculture purposes. It is further pleaded that on 19.05.2019, the complainant purchased paddy seeds make PR-121 category C/S weighing 60 Kgs @ Rs.40/- Per Kg from the opposite party vide bill No. 270 dated 19.05.2019. It is further pleaded that the sapling of above mentioned seeds was transplanted by the complainant in land measuring 13 acre by adopting the recognized mode of preparing the fields and irrigation. It is further pleaded that complainant used prescribed fertilizers and pesticides etc. from time to time for getting proper produce of paddy make PR-121 by spending huge money and hard labour. It is further pleaded that the complainant was shocked to see the results of the germination of seeds, as there was a very lesser grains in the paddy and the almost paddy was ripened without grains. It is further pleaded that complainant approached the opposite party and told him about the defective quality of seeds sold by him, in pursuance of which, the opposite party visited land of the complainant wherein the seeds were sown. It is further pleaded that complainant requested the opposite party to pay him compensation, but the opposite party lingered the matter with one or the other pretext. It is further pleaded that thereafter, the complainant made complaint to Chief Agriculture Officer Gurdaspur and the competent authority i.e. Block Agriculture Officer Qadian alongwith other officials of the department who inspected the fields of the complainant on the directions of Chief Agriculture Officer Gurdaspur in the presence of opposite party, complainant and respectable persons. It is further pleaded that thereafter, the complainant harvested the paddy in the presence of Block Agriculture Officer Qadian alongwith other officials of the department. It is further pleaded that during harvest, the complainant achieved only 17 Quintal 25 Kgs per Acre from 6 Acres and from other 7 Acres he had achieved 28 Quintal 64 Kgs per Acre which is very less than the expectations or the fixed guidelines of the agriculture department. It is further pleaded that after thorough inquiry, a report to this effect was prepared by Block Agriculture Officer Qadian, in which it was mentioned that expected production to be achieved from PR 121(2013) as per Guidelines of Agriculture Department is 30.5 Quintal per Acre. In this way, the complainant has suffered heavy loss on account of poor quality of defective seeds and germination was only to the extent of 60% for 6 Acres and 80% for 7 Acres, which is duly mentioned in the report. It is further pleaded that the seeds sold by the opposite party to the complainant were defective and were not of good quality, due to which the complainant could not obtain crop yield as per expectations from the seeds sown by him in the same season earlier as in the previous paddy season, the complainant earned more than Rs.6,50,000/-. It is further pleaded that the complainant had suffered mental agony, physical torture, harassment and huge financial loss due to supply of poor quality seeds by the opposite party. It is further pleaded that complainant has suffered loss of Rs.1,65,000/- in comparison to the previous year. It is further pleaded that in addition to above, the complainant incurred expenses of Rs.65,000/- on route out unwanted paddy, labour, fertilizers and pesticides and labour etc and in total the complainant has suffered financial loss of more than Rs.2,30,000/-. It is further pleaded that due to this illegal act and conduct of the opposite party the complainant has suffered great loss and also suffered mental agony, Physical harassment and inconvenience. It is further pleaded that there is a clear cut deficiency in service on the part of the opposite party.
On this backdrop of facts, the complainant has alleged deficiency and negligence in service and unfair trade practice on the part of the opposite party and prayed that necessary directions may kindly be issued to the opposite party to make the payment of Rs.2,30,000/- alongwith interest @ 18% P.A. from the date of due till actual realization. It is further prayed that compensation to the tune of Rs.1,00,000/- may also be awarded to the complainant on account mental agony, physical harassment caused by the opposite party to the complainant without any fault on his part. Litigation expenses to the tune of Rs.10,000/- may also be awarded in favour of the complainant after accepting this complaint, in the interest of justice.
3. Upon notice, the opposite party appeared through counsel and contested the complaint and filing their written reply by taking the preliminary objections that the present complaint does not lie, because the present complaint is based on false claim and the agriculture department vide report No. 8831 dated 23.09.2019 reported that the complainant has used 20-25% seeds of other quality in his 6 Acre of fields and in the other 7 Acres he used 18-20% seeds of other quality, the complainant is also well aware of this report. It is pleaded that the present complaint is not maintainable on the issue of joinder and mis-joinder, as the complainant has not made party to the agriculture department and the complaint filed by the complainant is without any merit and based on false and baseless facts, hence same is liable to be dismissed. It is further pleaded that the complainant has mentioned that he used to 60 Kg of paddy seeds in his 13 Acres of field and used fertilizers and pesticides etc. As per the guidelines of agriculture department 8 Kg seeds are required for 1 Acre of land to get proper yield. However, the complainant himself is admitting that he used 60 Kg of seeds for 13 Acres of land which means he used an average of less than 5 Kg of seeds per acre and furthermore the agriculture department vide report No. 8831 dated 23.09.2019 reported that the complainant has used 20-25% seeds of other quality in his 6 Acres of fields and in the other 7 Acres he used 18-20% seeds of other quality, the complainant is also well aware of this report. Therefore, it is clear that the complainant has not come to this Hon’ble Court with clean hands and rather has filed the present complaint on the basis of wrong claims. It is further pleaded that the complainant has not proved or produced any evidence to prove that he used proper quantity of paddy seeds in his fields and further has also not produced any evidence to prove his claim that he used the required fertilizers and pesticides for getting proper yield and further that he take proper care of his crop and in the absence of such type of evidences, there is no merit in the present case filed by the complainant. It is further pleaded that the agriculture department has no where mentioned that the defective seeds were supplied by the opposite party. It is further pleaded that opposite party is having good reputation in the area for selling excellent quality of products and the agriculture department even approached customers/farmers who purchased same seeds PR-121 which was allegedly purchased by the complainant for his fields and in this respect the agriculture department told the opposite party to submit the detail list of his customers/farmers and in compliance the opposite party submitted the list of the same and it was reported by all the farmers that there was nothing wrong with the seeds purchased from the opposite party. It is further pleaded that it is clear that the claim of the complainant is wrong and incorrect and furthermore he never approached the opposite party with any alleged report for compensation.
On merits, the opposite party has reiterated their stand as taken in legal objections and denied all the averments of the complaint and there is no deficiency in service on the part of the opposite party. In the end, the opposite party prayed for dismissal of complaint with costs.
4. Learned counsel for the complainant has tendered into evidence affidavit of Majer Singh, (Complainant) as Ex.CW-1/A alongwith other documents as Ex.C-1 to Ex.C-11.
5. Learned counsel for the opposite party has filed documents as Ex.OP-1 to Ex.OP-3 alongwith reply.
6. Rejoinder filed by the complainant.
7. Written arguments filed by the complainant, but not filed by the opposite party.
8. Counsel for the complainant has argued that complainant is owner in possession of land measuring 13 Acres and had purchased 60 Kgs paddy seeds from opposite party on 19.05.2019 make PR-121 vide bill Ex.C2. It is further argued that the complainant had planted the said seeds as per the prescribed norms. However, on the germination of the seeds the complainant found that grain was very less and many plants had ripened without grain. Complainant had lodged complaint with the opposite party who inspected the spot but refused to pay the compensation. It is further argued that thereafter complainant had lodged complaints with Chief Agriculture Officer Gurdaspur and Block Agriculture Officer Qadian who inspected the field. It is further argued that complainant the harvested the crops in the presence of Block Agriculture Qadian and the complainant received only 17 Quintal 25 Kgs per acre from 6 acres of land and achieved 28 Quintal 64 Kgs per acre from other 7 acres of land which was very less as per the acceptations and fixed guidelines. It is further argued that as per Guidelines of the Agriculture Department from PR-121 (2013) the production is of 30.5 Quintal per acre and in this way complainant has suffered net loss of Rs.6,50,000/- in comparison to the previous year and total loss suffered by the complainant more than Rs.2,30,000/- and failure to pay the same amounts to deficiency in service on the part of the opposite party.
9. Counsel for the opposite party has argued that the Agriculture Department vide its report dated 23.09.2019 Ex.OP-1 had come to the conclusion that complainant had used 20-25% seeds of some other quality in his 6 acre field and 18-20% of some other quality seeds in his 7 acre. It is further argued by the counsel for the opposite party that it is admission on the part of the complainant that complainant had used 60 Kg of seeds for 13 acre of land which means that he used less than 5 Kg of seeds per acre. Moreover, it is further argued that complainant has not placed on record any evidence that the complainant adopted correct procedure, pesticides, fertilizer and took due care of the crop to achieve the desires results. It is further argued that many other person mentioned in list Ex.OP-3 purchased the same quality of seeds and non of them had lodged any complaint regarding the quality of seeds and as such there is no deficiency in service on the part of the opposite party and complaint is liable to be dismissed.
10. We have heard the Ld. counsels for the parties and gone through the record.
11. To prove his case complainant has placed on record his affidavit Ex.CW-1, copy of bill Ex.C1, Jamabandi Ex.C2, copy of report of Agriculture Officer Ex.C3, copy of complaint to Chief Agriculture Officer Ex.C4, photographs of paddy Ex.C5 and Ex.C6, copy of instructions regarding sowing of crop of Khariff 2019 Ex.C7, copy of form 'J' Ex.C8, copies of vouchers regarding sale of paddy Ex.C9 and Ex.C10 and copy of Aaadhaar Card Ex.C11 whereas opposite party has not filed any affidavit and has placed on record copy of report of Chief Agriculture Officer Gurdaspur Ex.OP-1, copy of guidelines for cultivation of paddy Ex.Op-2, copy of list/extract of register Ex.OP-3.
12. It is admitted fact that complainant has purchased 60 Kgs of paddy seeds from the opposite party of PR-121make. It is further admitted fact that complainant is owner of 13 acre of land in his village Thriewal Tehsil Batala. It is further admitted fact that complainant earned yield of paddy crop of 17 Quintal 25 Kgs in 6 acre and 28 Quintal 64 Kgs in 7 acre of land. It is further admitted fact that the said yield is below the prescribed limit of 30.5 Quintal per acre in respect of PR-121 seeds. The only issue for adjudication before this Commission is whether the opposite party supplied defective seeds to the complainant which is resulted in less yield of paddy crop.
13. Perusal of file shows that the paddy crop was harvested by the complainant in the presence of Agriculture and Farmer Welfare Department and as per report Ex.C3 complainant earned yield of 17 Quintal 25 Kgs in the area of land measuring 6 acre and in the other area earned 28 Quintal 64 Kgs in 7 acre of land. Admittedly, as per instructions of Agriculture University Ex.C7 the average production in respect of seeds PR-121 is 30.5 Quintal per acre and the yield in the field of the complainant was almost half in respect of 6 acre of land. The plea of the counsel for the opposite party that as per report of Chief Agriculture Officer Gurdaspur complainant used 18-20% of some other seeds in 6 acre and 20-25% in 7 acre and the less yield can be result of the same. It is further plea of the counsel for the opposite party that the complainant had used 60 Kgs of seeds in 13 acre of land which violation of the instructions and the lesser yield can be result of less use of seeds. We have gone through the report Ex.OP-1 issued by Chief Agriculture Officer Gurdaspur but we are of the view that the said officer has not attached any document on the basis of which report Ex.OP-1 was prepared. It has not come on record as to from what evidence the said officer arrived at conclusion that the complainant had used mixture of some other seeds in both the land whereas report of Agriculture Officer Qadian Ex.C3 is totally silent about the said fact which shows that Chief Agriculture Officer Gurdaspur has given a biased report to help the opposite party as it is mentioned in report Ex.OP-1 that Agriculture Officer Qadian had given report regarding use of some other seeds by mixing same but the report Ex.C3 is totally silent about the same which proves on record that report Ex.OP-1 is procured one to help the opposite party. The other plea of the counsel for the opposite party that the farmers mentioned in the list Ex.OP3 purchased seeds but none of them lodged any complaint but while going through the list Ex.OP-3 we find that it has not mentioned that the persons mentioned in the list purchased the same quality of the seeds which were purchased by the complainant. Moreover, the said list does not bear the signatures of the said farmers and the details of bills vide which they purchased paddy seeds from the opposite party. Even, this plea of the counsel for the opposite party is also falsified that the yield was less on account of mixture seeds of some other quality and less seeds than prescribed in the guidelines in 6 acre of land of the complainant. The crop earned by the complainant was 17.25 in respect of 6 acres and in the other 7 acre of land the yield is 28 Quintal 64 Kgs meaning thereby that the complainant used the same quality of the seeds in both the parcels of land having same quality of land with same source of irrigation which shows that this way or that way the complainant suffered loss due to poor quality of the seeds supplied by the opposite party. We are of the view that if we take average yield of crop in both the parcel of land owned by the complainant i.e. 28 Quintal 64 Kg then in that case the complainant has suffered net loss of 11 Quintal 39 Kgs in respect of land measuring 6 acre and perusal of vouchers regarding purchase of paddy Ex.C9 and Ex.C10 shows that the complainant has sold his previous paddy crop at the rate of 1770 per Quintal and the net loss calculated at said rate comes to Rs.20,160/-. Accordingly, from the facts, evidence and documents on record the supply of poor quality of seeds is proved on record and it is further proved on record that complainant has suffered the net loss of Rs.20,160/-.
14. Accordingly, present complaint is partly allowed and opposite party is directed to pay compensation of Rs.20,160/- to the complainant alongwith interest @ 9% P.A. from the date of filing of the complaint till realization and further pay Rs.1,000/- for mental tension, harassment and cost of litigation within 30 days from the date of receipt of copy of this order.
15. The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.
16. Copy of the order be communicated to the parties free of charges. File be consigned.
(Lalit Mohan Dogra)
President.
Announced: (B.S.Matharu)
Jan. 11, 2024 Member.
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