By this common order, we shall dispose of both the revision petitions since the facts and point of law involved in them are the same. Facts are being taken from Revision Petition No.1172/2010. -2- In brief, the facts of the case are that the respondents/complainant had purchased wheat seeds produced by the petitioner and sold by the respondent No.2 , the dealer. Since the germination of the seeds was very low, respondents approached the petitioner but in vain. Aggrieved by this, respondents filed a complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.2,000/- per acre for the total effected agricultural land along with litigations expenses of Rs.1,500/-. Aggrieved by this, petitioner filed an appeal before the State Commission which has been dismissed by the impugned order. We find from the record that the sample of seeds were referred to the State Seeds Testing Laboratory (IADP) Karnal from where the report was received that only 19% seeds germinating. Report submitted by the petitioner from a private laboratory which was not sent through the District Forum, was not accepted by the State Commission. We agree with the view taken by the fora below that the petitioner would be liable to pay the compensation as directed by the fora below as the seeds sold by the petitioner were found to be of sub-standard quality by the State Seeds Testing Laboratory, Karnal. Only 19% seeds germinated which reflects on the quality of seeds. No merits. Dismissed.
......................JASHOK BHANPRESIDENT ......................S.K. NAIKMEMBER | |