Per Mrs.S.P.Lale, Hon’ble Member

Being aggrieved by the dismissal of complaint passed by District Consumer Forum, Satara in consumer complaint no.307/2007 decided on 09/04/2008, original complainant has filed this appeal.

Case of the complainant before the forum below was that on 02/2/2007 complainant had purchased brinjal seeds, which were manufactured by O.P.no.2-company by paying an amount of Rs.160/-.  On 01/4/2007, after preparing the plants, complainant cultivated in all 1600 plants in his agricultural land.  For the purpose of cultivation, complainant spent an amount of Rs.21,500/- for fertilizers and pesticides to get good yield.  However, according to complainant, brinjal plants had not grown up properly. There were no proper fruits to the plants.  Some of the fruits were very small and of different colours. Some of the fruits were having more or less thorns.  There were no flowers and fruits to some of the plants. Therefore, complainant made a complaint with Satara District Agricultural officer.  In accordance with the said complaint, Agricultural department of Satara Zilha Parishad issued notices to Secretary/Field officer, District Seeds Grievance Redressal Committee, complainant and all the opposite parties.

After giving notices to the complainant and O.Ps, members of the District Seeds Grievance Redressal Committee, visited the field of the complainant on 31/8/2007. After inspecting the field of the complainant, it submitted its’ report stating that there was less yield to the crops of brinjal because of adulteration in the seeds and there was lesser income to the complainant.  Therefore, complainant filed consumer complaint before the forum below and claimed an amount of Rs.45,000/- towards compensation.

           O.P.no.1 filed its written statement and denied the allegations made by the complainant.  It pleaded that complainant has not taken any advice before cultivating brinjal plants.  Complainant has cultivated said brinjal crops in the month of April instead of in the month of January and February.  It further pleaded that complainant has used eight times more fertilizer than required.  Therefore, no proper brinjal fruits and plants were grown in the complainant’s field and, prayed for dismissal of complaint.

O.P.nos.2&3 also filed their written statement and denied the allegations made by the complainant. They pleaded that the District Seeds Committee had not visited the complainant’s field.  As per the circular of Government, all committee members were not present at the time of inspection and they further pleaded that there were less thorns on some brinjal plants and there were more thorns on some brinjal plant, this is a natural process and, pleaded for dismissal of complaint.

Heard Mr.A.J.Bhoot-Advocate for the respondents.  None is present on behalf of the appellant.

We are finding that there is no merit in the appeal.  Complainant has not cultivated brinjal fruits as per Seeds Company’s instructions.  As per company’s instruction, complainant should have cultivated crop in the month of January and February since the climate is favourable to brinjal crops in the month of January and February but the complainant has cultivated Brinjal crops in the month of April. As per Government circulars dated 27/3/1992 & 26/10/1998 in District Seeds Grievance Redressal Complaint Committee, total 7 members have been appointed to redress the complaint.  However, in the present case only two members have signed the report and, therefore, said report cannot be accepted regarding defective seeds. On the contrary, respondents have filed affidavit of Mr.Bhaskar Ramchandra Thakare, who has stated in his affidavit as under:-

“Due to the growing age of the brinjal plants, the frequency of the fruits on the branches get reduced and absolutely no fruits grows on the last stems and branches of the brinjal plants.   This is the natural tendency of the brinjal plants as noticed.  After complete age of the plant, if the nutrition and pest management is not done properly, then there will be no thorns on the branches and fruits.  Sometimes it is absolutely zero.  Except this because of cloudy climate and change in the temperature the quantity of the thorns keeps on changing.”

So forum below rightly turned down the case of the complainant in toto and was pleased to dismiss the complaint.  We concur with the said finding.  We are also of the view that there is no substance in appeal and forum below rightly dismissed the complaint.  In the result, we pass following order:-

                                                ORDER

Appeal stands dismissed.

No order as to costs.

Copies of the order be furnished to the parties.