Order No. -29                                                                                  Dt.-11/01/2016

Shri Asoke Kumar Das,President

                                        F  I  N  A  L   O  R  D  E  R

Complainant’s case in short is that he is a petty peasant by occupation. On 25/10/13 he purchased 10 packets of potato seeds from O.P. ‘Quality Potato Company’, Dhupguri, Jalpaiguri. The O.P. Certified those seeds as best quality and germs free. The complainant sown those seeds and he had to incur expenses of Rs.98,000/- for planting & cultivation of potato in 6 Bighas of land. The O.P. assured him that the quantum of seeds purchased by him would yield not less that 100 bags of salable potato per Bigha and as such he calculated the profit of Rs.2,40,000/- in total. After planting those potato seeds the complainant noticed that some of the plants started wilting, and very soon most of the plants started wilting. The complainant took advise from Dr. Ashoke Saha, Associate Professor of Agronomy, Utter Banga Krishi Viswa Vidyalay, Pundibari, Cooch Behar, on 24/12/13. Dr. Saha came to the fields of the complainant and gave a detail report to the effect that the cause of wilting of the potato plants was ‘seeds borned disease of bacterial wilt’, and he also suggested remedy’ for saving the rest plants for which the complainant had to incur further cost of Rs.15,000/- and despite all his endeavour the yield was only 20 bags per Bigha. The complainant reported this matter to O.P. and requested him to share the loss suffered by him but the O.P. refused.

Hence, this case.

The O.P. has registered this case by filing a W/V denying and disputing the claims and contention of the complainant with prayer for dismissal of this case. There specific stands is that the case is bad for non joinder of necessary parties who are the producer and the 1^st vendor of the potato seeds and that the report submitted by complainant is manufactured one to mislead the Forum for illegal and wrongful gain of the complainant.        

POINTS FOR CONSIDERATION

1. Is the case maintainable?
2. Is the complainant a consumer?
3. Is the O.P.  guilty for unfair trade practice for selling defective potato seeds to the complainants?
4. Is the complainant entitled to get the reliefs as prayed for?      

DECISION WITH REASONS

All points are taken up together for consideration and decision.

After going through and consideration of the materials on records i.e. Pleading of the parties, documents filed, the W/A filed by both the parties and the argument advance the Ld. lawyers of both sides we find that admittedly complainant purchased 10 bags of potato seeds from the O.P.‘Quality Potato Company’, Dhupguri, Jalpaiguri on 25/10/13 on payment of Rs.17,530/-. Therefore we have no dough that the complainant is a consumer.  Now we find that this case was filed within the period of two years from the date of alleged cause of action and that this Forum has pecuniary as well as territorial jurisdiction to hear and to dispose of this case.

We now find that the O.P. in his W/V has specifically mentioned the names of producer & the 1^st vendor of the potato seeds, purchased by the complainant. But the complainanty had not impleaded them as party(O.P.) to this case. The complainant should implead the producer & the 1^st vendor as parties(O.P.) to this case.

The complainant has placed his utmost reliance on the cash memo dt.25/10/13 and the report  of Dr. Ashoke Saha , Associate Professor of Agronomy, Utter Banga Krishi Viswa Vidyalay, Pundibari, Cooch Behar dt.24/12/13.From this report we find that the date of planting of potato seeds by complainant was on 6/11/13, from the cash memo dt.25/10/13 we find that he purchased 10 bags potato seeds from O.P. on 25/10/13. Furthermore we find from the said report that source of the seeds was local market. From the cause title of the petition complaint we find that the complainant is a resident of Sutarpara, Ghoksadanga, Dist.-Cooch Behar  So, as per report it can safely be presumed that the potato seeds planted by complainant on 6/11/13 were purchased by the complainant from the local market of Cooch Behar Dist. and not from ‘Quality Potato Company’ of Dhupguri, Jalpaiguri. Furthermore it is coming out from the said report that the quality of the potato seeds was of low grade and infected with bacterial wilt caused bacteria. So, we can safely presume that the potato seeds purchased by the complainant on 25/10/13 from O.P. and  the potato seeds he planted on 6/11/13 are not same. The complainant has no where in his petition of complainant has stated as to why he planted the potato seeds after 12 days from the date of purchased and how he preserved his purchased seeds between 25/10/13 to 6/11/13. We further find that the complainant has not filed any cash memo, receipt etc. to show that he had expended Rs.98,000/- + Rs.15,000/- for the purpose of planting, cultivation & medicines to save the wilting plants as per advise of Dr. Ashoke Saha.

In this view of the matter we find sufficient reason to hold that the complainant has hopelessly failed to prove that the O.P. is guilty for unfair trade practice for selling him defective potato seeds.

Accordingly the complainant is not entitled to get any relief in this case and as such this case is liable to dismissed.                        

All points are disposed off accordingly.

In the result the case/application fails.

Hence, it is

O R D E R E D

That the case/application is dismissed on contest but in this circumstances we make no order as to cost.

Let copy of this final order be supplied free of cost forthwith to the parties/ their Ld. Advocates/agents on record by hand under proper acknowledgment/sent by ordinary post, in terms of Rule 5(10) of West Bengal Consumer Protection Rules 1987.