Karnataka

Chitradurga

CC/7/2018

Lakshmi C/o Ramchandrappa.R - Complainant(s)

Versus

Nisco Agritech Pvt Ltd., - Opp.Party(s)

Sri.M.K.Lokesh

17 Nov 2018

ORDER

COMPLAINT FILED ON:22/01/2018

DISPOSED      ON:17/11/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:7/2018

 

DATED: 17^th NOVEMBER 2018

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Lakshmi, C/o Ramchandrappa.R, Aged about 50 Years, Salabommanahalli Village,Mallapanahalli Post, Aimangala Hobli, Hiriyuru Tq, Chitradurga Dist   (Rep by Sri.M.K.Lokesh, Advocate)
V/S
…..OPPOSITE PARTIES	1. Nisco Agri Tech Pvt Ltd., #56/1,5th Floor, Lalbhagh road,Bangalore-560027   2. Balaji Agro Center, Ramlingeshwara Nilaya, Mysore road, Hiriyuru-577598   (Rep by Sri.P.L. Ramesh Babu, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to pay Rs.12,00,000/- and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, complainant is the absolute owner of land bearing sy.No.65/2 measuring 2–acres 34-guntas situated at Kalavibagi village, Aimangala Hobli, Hiriyur Taluk.  On 28.05.2017, the husband of the complainant has purchased 8 Kgs of onion seeds by paying Rs.9,600/- at the rate of Rs.1,200/- per Kg.  After purchasing the said seeds, the complainant has sown the same in her land.  After that, the germination was very good and the complainant was expecting very good yield from the said seeds.  But the bulb was not growing well.  The same was intimated to the Assistant Director of Horticulture, Hiriyur and Senior Assistant Director of Horticulture, Chitradurga orally, but the above said Officers have not visited the land of the complainant.  After that, the husband of the complainant has intimated to the OP No.2 stating that, there is a defects in the seeds supplied by them.  After the information received from the husband of the complainant, the OP No.2 has visited the spot, by that time there is no crop found in the land of the complainant.  Again the complainant has issued legal notice to the OPs on 29.12.2017, but the OPs have not replied the same.  Due to supply of defective seeds, the complainant has suffered loss of money nearly Rs.12,00,000/- and suffered mentally and physically.  The causes of action for this complaint arose within the jurisdiction of this Forum as the land of complainant situated at Kalavibagi village, Aimangala Hobli, Hiriyur Taluk and prays for allow the complaint.

3.      On service of notice, OPs appeared through Sri. P.L. Ramesh Babu, Advocate and filed version.  According to the version filed by the OPs the complaint filed by the complainant is not maintainable either in the eye of law or on facts and the same is liable to be dismissed with exemplary cost.  Further the complaint filed by the complainant is false, frivolous, mischievous and made only to enrich herself by illegal means and hence, the same is liable to be dismissed.  Further para 1 does not call for any comment. With regard to para 2, it may be true that the complainant has purchased 8 Kgs of onion seeds by the OP No.2 and sowed the same in her land bearing sy.No.65/2 measuring 2-acres 34-guntas.  With regard to para 3, it is denied absolutely as false that, the complainant in the process of tilling, sowing, irrigation, weeding and on labour spent about Rs.2,75,000/-.  There is no basis or reasoning for having spent with huge amount on the aforesaid purposes.  The complainant has falsely stated in this complaint.  With regard to para 4, the allegations made are denied as false.  These OPs have sold approximately 250 Kgs seeds of the same lot in Hiriyur and Challakere taluk through OP No.2 and there has no complaint whatsoever nature either on the quality of the seeds or on the yield of the crop.  The farmers who have raised onion crop are extremely very happy and there has been no complaint either on the germination or on the quality of the onion.  This OP is ignorant about the complaint made by the complainant to the Assistant Director of Horticulture as the complainant has heavily suffered lot due to bad quality of seeds, the department certainly would have extending its helping hand.  Since the complainant’s claim is false and frivolous, the department has not acted upon the complaint.  The OP No.2 who sold the seeds to the complainant indeed visited the plot of the complainant and informed the OP No.1 that, the claim is frivolous and there is no basis for the claim.  With regard to para 5, the allegations are all denied as false.  The reason for the failure of the crop in the field of the complainant is as detailed below.  It is true that, the complainant got issued legal notice raising demand alleging failure of crop.  The OP No.1 has issued reply on 29.12.2017 denying the allegations and turning down for the illegal demand.  As admitted by the complainant herself, the germination was good and as such, there is no dispute with regard to the germination.  Outcome of any crop depends upon several aspects such as availability of water, weather conditions, moisture etc.  The complainant is baselessly blaming the quality of the seeds.  The complainant visited the OP No.2 with a complaint of poor crop, the OPs’ representative and Distributor of OP 2 visited the plot of complainant during first week of October 2017 and indeed assessed the actual reason for poor quality.  At that time of sowing, due to irrigation there was good germination and thereafter there was no rain which seriously hampered the crop.  The complainant applied excess poultry manure which was not admissible to the onion crop.  At the time of formation of bulb, there was high temperature and water scarcity which affected the crop.  At the time of harvesting i.e., last week of August 2017 and September there was heavy down of rain and there was water stagnation in the land of complainant.  All the facts are brought to the knowledge of complainant and the complainant keeping fault with herself, now blaming the quality of seeds which is absolutely false.  The OPs have sold 250 Kgs., of onion seeds of the same lot from the OP No.2 and absolutely there is no complaint whatsoever from any one and they are happy with the crop and they have got good yield. It is only the complainant with an intention to enrich herself with illegal means has filed this complaint and hence prayed for dismissal of the complaint.

4.      Complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-13 were got marked and closed his side. On behalf of OPs, one Sri.B.K. Jairam, the Authorized Representative of OP No.1 has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to B-22 documents have been got marked and closed their side.  

 

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

(1)  Whether the complainant proves that the OPs have supplied the defective onion seeds and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

 

                    7.      Our findings on the above points are as follows:-

                    Point No.1:- Negative. 

                    Point No.2:- As per final order.

REASONS

8.      It is the case of the complainant that, the husband of the complainant has purchased 8 KGs of onion seeds from the OP No.2 supplied by OP No.1 and the same has been sown in her land bearing sy.No.65/2 measuring 2-acres 34-guntas situated at Kalavibagi village of Hiriyur Taluk.  After sowing the same, the germination was good, but the bulb was not developed.  The complainant has intimated the same to the Horticulture Department orally, but they have not visited the spot to verify the crop.  Again the husband of the complainant informed the same to OP No.2, OP No.2 visited the spot, by that time there was no crop in the land of complainant.  The complainant has purchased the seeds from the OP No.2 on 28.05.2017, the same was sowing the land of complainant.  There is some defects found in the seeds she has intimated the same to OPs on 28.05.2018 i.e., after lapse of nearly one year.  As per the version and the arguments advanced by the OPs, the crop period of onion is of 100-110 days.  The complainant has produced the documents before this Forum stating that the OPs have supplied the defective seeds and the complainant has intimated the same to the Deputy Director of Horticulture and prays for inspected the spot on 13.12.2017.  The Deputy Director of Horticulture has inspected the spot, by that time there was no crop in the above said land.  According to the complainant, the crop is for a period of 3 months, but she has not filed a complaint before the Deputy Director of Horticulture or before OPs well in time.  The OPs have produced the documents before this Forum, those shows that the OPs have sold nearly 250 KGs of onions to the farmers of Hiriyur and Challakere Taluk, they have got very good yield.  Here the case on hand is that, the complainant has failed to prove the case that, the OPs have supplied the defective onion seeds and moreover, the complainant has not approached the Deputy Director of Horticulture or the OPs when the crop was available in the field.

9.      We have gone through the entire documents filed by the complainant and OPs.  The exhibits produced by the complainant and OPs clearly shows that the complainant has purchased the onion seeds from the OP No.2 manufactured by OP No.1 and sowed the same in her land.  According to the complainant, the germination of the seeds was very good, but the growth of the bulb is bad.  But the complainant has intimated the same to the Deputy Director of Horticulture to come and visit the spot and verify the crop in her land.  According to her, they have not come forward to visit the spot, but the exhibits produced by the complainant herself that, the complainant intimated to the Deputy Director of Horticulture and other officers after completion of five months i.e., harvesting period.  According to the complainant, the crop period is within 100-110 days.  While Deputy Director of Horticulture and OP No.2 visited the spot, by that time, there was no crop in the land of complainant.  The Ex.B-1 to B-22 clearly shows that, the OPs have not committed any deficiency in supplying the onion seeds to the complainant.  The Ex.B-12 to B-16 are the photocopies of the onion crop grown by the other farmers of Hiriyur and Challakere Taluk who have purchased the onion seeds from the OPs of the same lot who got veery good yield.  So, in any angle, we cannot find any deficiency in supplying the onion seeds to the complainant.       Hence, this Forum comes to the conclusion that, the complainant is not entitled for any compensation.   Accordingly, this Point No.1 is held as negative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of C.P Act 1986 is hereby dismissed.  No order as to costs.

(This order is made with the consent of Member after the correction of the draft on 17/11/2018 and it is pronounced in the open Court after our signatures)         

 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sri. B.K. Jayaram, authorized representative of OP No.1 by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Nisco Onion Seeds Pocket
02	Ex-A-2:-	Letter dated 01.12.2017 to Senior Assistant Horticulture Director, Hiriyur
03	Ex-A-3:-	Letter dated 13.12.2017 to Deputy Director of Horticulture Director, Chitradurga
04	Ex-A-4:-	Receipt No.9096 dated 28.05.2017
05	Ex.A-5:-	Two photos
06	Ex.A-6:-	Postal Acknowledgement
07	Ex.A-7:-	Photo
08	Ex.A-8:-	R of R
09	Ex.A-9:-	Legal notice dated 20.12.2017 with postal receipts
10	Ex.A-10:-	Reply to the legal notice dated 29.12.2017
11	Ex.A-11:-	Letter dated 13.12.2017 to Deputy Director of Horticulture, Chitradurga
12	Ex.A-12:-	Letter to this Forum dated 09.08.2018 by the Assistant Director of Horticulture, Hiriyur
13	Ex.A-13:-	Letter to this Forum dated 25.07.2018 by the Assistant Director of Horticulture, Hiriyur

 

Documents marked on behalf of OPs:

01	Ex-B-1 to B-7:-	13 Cash receipt
02	Ex-B-8:-	CD
03	Ex-B-9:-	Reply to the legal notice dated 29.12.2017
04	Ex-B-10:-	Seed test report dated 03.01.2018
05	Ex.B-11:-	Weather date from June to October-2017
06	Ex.B-12 to 16:-	Photos
07	Ex.B-17:-	CD
08	Ex.B-18 to 21:-	Bill of supply
09	Ex.B-22:-	R of R

 

 

MEMBER                                                   PRESIDENT

Rhr**