NCDRC

NCDRC

RP/4688/2009

KALU RAM SHARMA - Complainant(s)

Versus

PRAGYA SEEDS & PESTICIDES & ANR. - Opp.Party(s)

IN PERSON

22 Mar 2010

ORDER

Date of Filing: 02 Jun 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/4688/2009
(Against the Order dated 31/07/2008 in Appeal No. 1956/2007 of the State Commission Rajasthan)
1. KALU RAM SHARMAResident of Mansa Rampura, Niwaru Road, JhotwaraJaipur ...........Appellant(s)

Vs.
1. PRAGYA SEEDS & PESTICIDES & ANR.Through Yogendra Sharma, Shop No. 6, Outside Chandpole Gate, Jhotwara Road2. DR. SEEDS PVT. LTD.5th Floor, Carnival Shopping Complex, The Mall LudhianaLudhianaPunjab ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE B.N.P. SINGH ,PRESIDING MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 22 Mar 2010
ORDER

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          Heard Amicus curiae on admission. Succinctly, put relevant facts are that petitioner purchased tomato seeds for sowing in field from respondent for Rs.2,940/-. However, as growth of plant was not as desired, and seeds did not yield desired results, a consumer complaint was filed with District Forum. Resistance made by respondent-dealer in the proceedings was on premises that growth of plant usually depends on variety of factors, such as weather, ploughing, sowing usage of fertilizers etc. Field where tomatoes were shown was inspected also by Assistant Director (Horticulture), who gave his finding that tomato cannot be stored for long period since bark was getting off with stump after keeping some time. In view of finding of expert, which did not attribute deficiency about quality of seeds, District Forum dismissed complaint, which was upheld also in appeal. 

Learned amicus curiae seeks to put on record literature on vegetable crop alongwith other documents, admittedly which were not before fora below. Regard being had to the finding based on report of Assistant Director (Horticulture), revision petition is dismissed with no order as to cost.



......................JB.N.P. SINGHPRESIDING MEMBER