Punjab

Faridkot

CC/18/21

Racchapal Singh - Complainant(s)

Versus

Punjab state seeds corporation Ltd. - Opp.Party(s)

Vishal Arora

10 Jun 2019

ORDER

        DISTRICT  CONSUMER  DISPUTES  REDRESSAL  FORUM,  FARIDKOT

 

  C. C. No.                       21 of 2018

  Date of Institution :          13.02.2018

  Date of Decision :            10.06.2019

 

Racchpal Singh aged about 62 years son of Tarlok Singh resident of Village and Post Office Shahjadi, Gill, District Ferozepur.

   .....Complainant

Versus

1. Punjab State Seeds Corporation Ltd., Regional Office, Kotkapura, B-1/150, Street No.5, Hira Singh Nagar, Kotkapura-151204, District Faridkot.
2. Punjab State Seeds Corporation Ltd., Kheti Bhawan, 4^th Floor, Phase-VI, SAS Nagar, Mohali (Punjab)-160055 through its Managing Director.
3. Punjab State Seeds Corporation Ltd.,SCO 835-36, Sector 22-A, Chandigarh-160022.                                                                              ....Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President.

Smt Parampal Kaur, Member,

Present:       Sh Vishal Arora, Ld Counsel for complainant,

 Sh Sunil Chawla, Ld Counsel for OPs.

 

ORDER

(Ajit Aggarwal , President)

                                             Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for seeking directions to OP to pay Rs.4,34,449/- along with interest on balance amount out of price of crop

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and Rs.30,000/- as compensation for harassment and for causing mental agony to complainant and harassment alongwith litigation expenses of Rs.11,000/-.

2                                          Briefly stated, the case of the complainant is that complainant is an agriculturist and during the year 2017-18, he purchased 3.70 quintals of moong seeds SML 668 F/S from OPs at the rate of 16,000/-per quintals for Rs.59,200/-vide bill dated 18.03.2017. OPs also chargedRs.6250/- as inspection fees and Rs.50/-as registration charge from complainant and in this way, they received Rs.65,500/-from complainant. At the time of purchase, OPs assured to purchase the produce of moong seeds after harvest at minimum support price fixed by government of India plus incentive of 20% on MSP for preparation of certified seeds from foundation seed of moong dal. Thereafter, complainant sowed the seeds as per instructions and guidelines of OPs and OP-1 checked the crop of complainant on 30.05.2017 and found it to be correct and as per specifications, report was prepared. After harvesting, 150.10  quintals of moong dal was delivered to OPs against receipt dated 27.07.2017, but Ops backed out from their promise to pay minimum support price of Rs.5575/-per quintal alongwith 20% incentives on said produce and paid only Rs.5,69,720/- vide cheque dated 22.11.2017 and complainant had to receive the same under compelling circumstances. It is submitted that as per MSP, complainant was entitled to get Rs.5575/-per quintal amounting to Rs.8,36,807.50 plus Rs.1,67,361.50 as incentive at the rate of 20% on MSP for preparation of 150 quintals of certified seeds from foundation seed of moong  dal totalling worth Rs.10,04,169/-whereas OPs have paid him only Rs.5,69,720/- which is very lesser from Minimum Support Price fixed by government. It is further submitted that complainant has received very lesser  rate

 

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for his produce and is entitled for balance amount of Rs.4,34,449/-from OPs. Despite several requests, Ops have not paid him entire amount as per MSP which amounts to deficiency in service on the part of OPs and it has caused harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the present complaint.

3                                                 The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 20.02.2018, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                                On receipt of the notice, OPs filed reply taking  objections that complainant is not the consumer of answering OPs as matter involved is not a consumer related dispute and present complaint is misconceived and this Forum has no jurisdiction to hear and try the same and it is bad for misjoinder of unnecessary parties. However, on merits they have denied all the allegations of complainant being wrong and incorrect and averred that they have purchased moong dal seeds as per rate and circular issued by Head Office of Punseed and after getting the market rate of different areas of Punjab and passing of resolution, the price to purchase the seeds of moong SML-668 quality at the rate of Rs.3,800/-per quintal was arrived. It is further averred that apart from the resolution dated 12.06.2017 and market rate of Amritsar and Jagraon Market committee, the rate was fixed as Rs.3800/-and it also included everything and has been properly fixed. It is also averred that they never assured any incentives of 20% on MSP. It is further averred that there is no deficiency in service on their part. All the other allegations and allegation with regard to relief sought too have

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been denied being wrong and incorrect and prayed for dismissal of complaint with costs.

5                                         Parties were given proper opportunities to lead evidence to prove their respective pleadings. Ld Counsel for complainant tendered in evidence affidavit of complainant Ex.C-1 and documents Ex C-2 to 5 and then, closed the evidence.

6                                           The ld Counsel for OPs tendered in evidence affidavit of Paramjit Singh Ex.OP-1 and Ex OP-2 and documents Ex OP-3 to Ex OP-6 and then closed the evidence on behalf of OPs.

 7                                    We have heard the ld counsel for complainant as well as parties and have carefully gone through the evidence and documents produced by parties.

8                                         We have anxiously considered the rival contentions in the light of evidence on record. It is observed that case of the complainant is that on assurance of Ops that they would purchase the produce of moong seeds after harvest at minimum support price fixed by government of India plus incentive of 20% on MSP for preparation of certified seeds from foundation seed of moong dal from complainant, he purchased 3.70 quintals of moong seeds SML-668 from OPs at the rate of 16,000/-per quintals for Rs.65,500/- which included Rs.6250/- as inspection fees and Rs.50/-as registration charge. After sowing the seeds, he got checked up his crop and on finding it to be correct and as per specifications, report was prepared. After harvesting, 150.10  quintals of moong dal was delivered to OPs against proper receipt, but Ops did not pay minimum support price of Rs.5575/- alongwith 20% incentives on said produce and paid only Rs.5,69,720/- ,

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which is very less. Though as per MSP, he was entitled to get Rs.5575/-per quintal amounting to Rs.8,36,807.50 plus Rs.1,67,361.50 as incentive at the rate of 20% on MSP for preparation of 150 quintals of certified seeds from foundation seed of moong  dal totalling worth Rs.10,04,169/-, but he was paid only Rs.5,69,720/- which is quite  less from Minimum Support Price fixed by government. Complainant has received very low price for his yield and is entitled for remaining balance amount of Rs.4,34,449/-from OPs. He has prayed for accepting the complaint. In reply, OPs have denied all the allegations of complainant being wrong and asserted that they never assured complaint for 20% incentives on MSP. They purchased moong dal seeds as per rate and circular issued by Head Office of Punseed. As per market rate of Amritsar and Jagraon Market committee  and resolution dated 12.06.2017, the rate was fixed as Rs.3800/-and it included everything and rate of Rs.3800/- per quintal has been properly fixed. There is no deficiency in service on their part and prayed for dismissal of complaint with costs.

9                                       To prove his pleadings, ld counsel for complainant has placed on record copy of bill dated 18.03.2017 for Rs.65,500/-that leaves no doubt that complainant is the consumer of OPs and he purchased said moong dal seeds from OPs. Document Ex C-3 is the copy of order issued by Government of India Ministry of Agriculture and Farmers Welfare Department of Agriculture, Cooperation & Farmers Welfare that clearly reveals the fact that for Kharif Crops of 2017-18, Minimum Support Price and bonus was fixed at Rs.5575/-per quintal. Ex C-5 is copy of receipt dated 27.07.2017 issued by Punjab State Seeds Corporation Ltd that fully proves the fact that complainant sold his 150 quintals of moong dal seeds to OPs. On the other hand, to contradict the allegations of

 

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complainant, Ops have not placed on record any document showing how they fixed the price of moong dal seeds as Rs.3800/-. The MSP of crop is fixed by the Central government to support the farmers from exploitation by traders to force them to sell their produce on lesser rate as per their wishes. The Government fixes Minimum Support Price after considering many aspects such as cost of seeds, fertilizers, labour, average yield etc after giving reasonable profit to the farmers for their produce. The purpose of MSP is that if in case the farmers could not get appropriate price of his produce in open market then government should purchase the produce from the farmers through its agencies on MSP. Now, in present case, the Ops which is a government agency established by the Punjab Government for the welfare of agriculturists and to supply them proper and certified seeds on reasonable rates and should develop the agriculture in the state and also to initiate farmers to produce their certified seeds and make contract with them to purchase their produce on MSP alongwith initiatives as declared by them, cannot resile from their promise to purchase the produce of the complainant at Minimum Support Price fixed by the Ministry of Agriculture, Government of India initially as promised by them. This act of Ops amounts to deficiency in service and trade mal practice on their part. Complainant has produced sufficient and cogent evidence to prove his pleading and documents produced by him are fully authentic and are beyond any doubt.

10                                                           From the above discussion and keeping in view the documents and evidence placed on record by complainant, this Forum is of considered opinion that there is deficiency in service on the part of OPs in not making payment to complainant as per minimum support price. Ops have made lesser payment to complainant for his yield. Complainant has succeeded in proving

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his case. Hence, complaint in hand is hereby allowed. Ops are directed to make payment of remaining amount of Rs.4,34,449/-alongwith interest at the rate of 9% per anum from the  date of filing the complaint till final realization. Ops are further directed to pay Rs.5000/-to complainant as consolidated compensation for harassment and mental agony suffered by him including litigation expenses. Compliance of this order be made within one month of receipt of the copy of the order failing which complainant shall be liable to proceed under section 25 and 27 of the Consumer protection Act. Copy of the order be supplied to parties free of costs. File be consigned to record room.

Announced in open Forum:

Dated: 10.06.2019

(Parampal Kaur)                 (Ajit Aggarwal)

 Member                              President