Complainant Amrik Singh has brought the present complaint against opposite party U/S 12 of the Consumer Protection Act, 1986 (for short C.P.Act.) to seek an order against the opposite party to pay to him Rs.2,25,000/- for the loss of sugarcane crop. Opposite parties be further directed to pay Rs.50,000/- for harassment and deficiency in services and Rs.10,000/- as litigation expenses, in the interest of justice.

2.    Briefly put the case of the complainant is that he is agriculturist and is small farmer having his land. He sown Sugarcane crop in his field. He approached the opposite party on 17.7.2016 to purchase pesticides to clear Nadeen from his sugarcane crop. The opposite party gave him pesticide mark Metacare Selaro, Selcus alongiwth other things. They charged the amount of Rs.1540/- from him and also issued bill and as such he is consumer of the opposite party. He sprayed the pesticide in his 1.1/2 killa of Sugarcane fields but to the utter surprise after spraying the whole sugarcane crop ruined. He suffered huge loss and due to the illegal act and conduct of the opposite party who provide him with pesticides of inferior and fake quality and pesticide is defective one. He suffered huge loss approximately Rs.2,25,000/-. The average cultivation of sugarcane crop in 1 killa of land is 500 quintal and 1 quintal = Rs.300/- and as such for 1.1/2 killa of crop the loss is of 750 quintal crop. He approached the opposite parties and told them regarding the effect of their pesticide and the opposite party agreed to compensate him but later on refused. A notice to the opposite party in this regard issued to the opposite party by registered post but of no avail. Hence this complaint.

3.       Opposite party did not appear inspite of due service and consequently, it was proceeded against exparte vide order dated 08.5.2017.

4.       In exparte evidence, complainant tendered his own duly sworn affidavit Ex.CW1/A, affidavit of Sh.Jhujar Singh Ex.CW-1/A alongwith other documents E x.C1 to Ex.C-5 and closed the evidence.

5.       We have heard the complainant in person and have also gone through the material on record carefully.

6.       The evidence lead by the complainant has remained un-rebutted and un-assailed for the obvious reason that opposite party did not dare to turn up in spite of service and to explain their position. From the copy of bill, copy of Kacha bill Ex.C1 and C2 and copy of report issued by Agriculture Officer Gurdaspur Ex.C4 it can be safely concluded that complainant was made to purchase pesticides one after the other for the reasons that the earlier product had some defect and not otherwise. Therefore, in the absence of anything to the contrary from the opposite side, the allegations of the complaint filed by the complainant stand  fully established.

7.       In the light of our above observations and findings, the complaint filed by complainant Amrik Singh is partly accepted with a direction to the opposite party to pay to him a lumpsum amount of Rs.50,000/- as compensation within a period of 30 days from the receipt of copy of the order failing which the opposite party shall pay interest @ 9% p.a. on the total amount of Rs.50,000/- to the complainant from the date of filing of the complaint till realization.

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned

   (Naveen Puri)

                                                              President      

ANNOUNCED:                                     (Jagdeep Kaur)

November 03, 2017.                                      Member

*MK*