Petitioner was the opposite party before the District Forum.

        Complainant/respondent filed the complaint alleging that he purchased 2 kg of cotton seeds for Rs.1,100/- from Kisan Fare in Hissar Agricultural University on 17.3.2000 produced by the petitioner; that he had sown the seeds in his field.  1 kg of seeds, as per norms, is sown for getting an output of 8 quintal of crop; That the total crop was destroyed due to inferior quality of seeds; that he moved an application before the Dy.Director (Agriculture) in this regard; that the Dy.Director (Agriculture) in his report came to the conclusion that there was 60-70% of mixing in the variety of Hybrid Cotton Seeds.

        District Forum allowed the complaint and directed the petitioner to pay the compensation of Rs.32,000/-, i.e., Rs.2,000/- for 16 quintals along with interest at the rate of 12% from the date of filing of the complaint till realization.  Compensation of Rs.5,000/- and costs of Rs.1,000/- were awarded.

        Petitioner, being aggrieved, filed the appeal before the State Commission.  State Commission modified the order of the District Forum and directed the petitioner to pay Rs.23,000/- to the respondent with interest at the rate of 12% from the date of filing the complaint till realization.  Compensation of Rs.5,000/- was reduced to Rs.2,500/- and cost of litigation was maintained.  State Commission recorded the following finding :

“We find force in the contention raised on behalf of the appellant-opposite party.  Admittedly, as per report of the Deputy Director Agriculture, Hisar the cotton seed supplied to the complainant was defective up to 65-70%.  The complainant had purchased 2 kg cotton seed which was sown by him in two acres of land.  Thus, by taking the produce @ 8 quintals per acre, and cost of cotton produce @ Rs.2000/- per quintal, the District Forum assessed the compensation to the complainant to the tune of Rs.32,000/- but in proportionate to the loss assessed by the Deputy Director Agriculture, Hisar the compensation to be awarded to the complainant comes to Rs.22,400/- and by taking the round figure we assess the loss of complainant to the tune of Rs.23,000/-.”

        We agree with the view taken by the State Commission.  In order to satisfy ourselves, we asked the petitioner to put on record the report of the Dy.Director (Agriculture).  Report of Dy.Director (Agriculture) has been put on record.  We have perused the same.  Two officers appointed by the Dy.Director (Agriculture), inspected the fields on 15.9.2000.  Both the officers found that there was 60-70% mixing in the variety of Hybrid Cotton seeds variety A.A.H-T which was sown in 2 acres of land.  Size of the cotton flowers was small and the number was also less.  Enquiry report submitted by the two officers to the Dy.Director (Agriculture) reads as under :

“On the spot, the farmer has sowed hybrid cotton seed variety A.A.H-T in 2 acres field.  During inspection of the field, 3-4 types of plants were found in field which were about 60-70%.  The size of cotton flowers were small and were less in numbers and the growth of the plants were more than the average growth.”

        As per this report, there was mixing of seeds to the extent of 60-70%.

        We find no infirmity in the order passed by the State Commission.  No merits.  Dismissed.

        Petitioner was directed to deposit 50% of the awarded amount with the District Forum.  Petitioner was also directed to pay a sum of Rs.6,000/- to the respondent towards litigation expenses.  Instead of paying the litigation expenses of Rs.6,000/- to the respondent, petitioner has deposited the same with the District Forum.  District Forum is directed to release the amount deposited by the petitioner to the respondent along with litigation expenses.