Haryana

Karnal

CC/14/2017

Raj Kumar - Complainant(s)

Versus

Patanjali Kissan Sewa Kender - Opp.Party(s)

Naresh Chauhan

08 Mar 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

 

                                                          Complaint No.14 of 2017

                                                         Date of instt. 12.01.2017

                                                         Date of decision:08.03.2018

 

Raj Kumar son of Shri Kalatar Singh resident of village Agondh, District Karnal.                                                                                                                                                                                                                                                      …….Complainant       

                                        Versus

 

1. Patanjali Kissan Sewa Kender, shop no.33, Mahila Ashram Market, Karnal through Shri Sher Singh alias Rishi Pal Nehra.

2. Nehru Seed Company, VPO Hassanpur, Tehsil Gharaunda, District Karnal through its Authorized Signatory.

3. Sher Singh alias Rishi Pal Nehra resident of VPO Hassanpur, Tehsil Gharaunda, District Karnal, authorized signatory of Nehru Seed Company, VPO Hassanpur, Tehsil Gharaunda, District Karnal.

 

                                                                     …..Opposite Parties.

 

           Complaint u/s 12 of the Consumer Protection Act.            

 

Before   Shri Jagmal Singh……President

              Shri Anil Sharma……Member

 

 Present  Shri Naresh Chauhan Advocate for complainant.

               Opposite parties 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 5 bags of PB-1121 seeds for Rs.2400/- from the OP no.1. After purchase of the said seeds complainant sown the same and peneery/small plants of crop grown up and thereafter the said plants were transplanted in about 10 Acres land. In the last week of August 2016, the complainant came to know that the seed was of inferior quality and is of off type and that there is mixing in the seeds and there are two quality standing in the fields of the complainant and ultimately complainant approached to the OP no.1 and OP no.1 also visited at the spot and realize that the seed is of inferior quality which was sold by the OP no.1 and in this regard complaint was also made to the Agriculture Department and the official of the agriculture department visited the spot and found that there was 35% off type/other varieties plants which were in grain information/tall etc. and a Technical Committee was submitted the report and in this way complainant suffered a huge loss of 35% in the paddy yield. After receiving the report from Technical Committee the complainant approached the OPs and requested to compensate him on account of inferior quality of seeds, but OPs did not pay any heed to his request. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OPs, who did not appear and proceeded against exparte by the order of this Forum dated 23.02.2017 and 19.07.2017 respectively.

3.             Complainant tendered into evidence his affidavit Ex.CA and documents Ex.C1 to Ex.C10 and closed the evidence on 13.10.2017.

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 5 bags of PB-1121 seeds from OP no.1 for Rs.2400/-. He prepared the nursery from the said seed for planting the paddy in his field and thereafter planted the paddy in 10 acres of land. When the crop grew up he found that there was mixing in the seeds. The complainant moved an application to the Deputy Director Agriculture, Karnal, who got inspected the field on 14.09.2016 through a committee of experts and the committee gave its report Ex.C2.  As per the report of committee, there was 35% off type/other varieties plants which were in grain formation/tall/dwarf and formation stage.

6.             The allegation of the complainant that he approached OP no.1 to inspect the field of the complainant and to verify about the existing condition of the crop as given in the report by Committee constituted 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 their  case OPs did not appear and opted to proceed against exparte. Hence evidence produced by the complainant goes unchallenged and unrebutted so 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 OPs was not of good quality rather the same was substandard and it is also established that the complainant must have suffered loss and the OPs are bound to compensate him, as the loss was suffered due to supply of substandard seed. The complainant had sown the said seed in 10  acres 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.3,500/- per acre to the complainant for the loss in the crop.

8.             As a sequel to the foregoing discussion, we accept the present complaint and direct the OPs to pay Rs.35,000/- ( i.e.3500x 10=35000/-) to the complainant as compensation and to refund Rs.2400/- the cost of the seed. We further direct OPs to pay Rs.5500/- 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:08.03.2018

                                                                       

                                                                  President,

                                                           District Consumer Disputes

                                                           Redressal Forum, Karnal.

 

                       (Anil Sharma)

                            Member