BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE : 29^th July 2016

PRESENT:

1) Shri B.H.Shreeharsha          : President

2) Smt.M.Vijayalaxmi                     : Member

Complaint No.:34/2016

Complainant :         Hajaratsab s/o. Lattesab  

                                Nadaf(H.L.Nadaf),

Age: 42 years, Occ: Agriculture & advocate, R/o.Chikkanarti Tq. Kundagol, Dist. Dharwad.        

  Mobile No-9448273243

(By In person.)

v/s

Respondent/s:

      1.Shri.Ramesh,AgroMarketers,

        No12, Madimane Building, Niligin Road, Hubli-29,.

     2.Shri.VenkateshEnterprizes,

        No603,Ravinagar main road,

        Gokul road, Hubli-30.

(By Sri.K.V.Badiger, Adv.)

                          3.  Indo American hybrid seeds(India)Pvt 

      Ltd, No-7, K.M.Banashankari Kengeri  

      Link Road, Channasandrahalli(Village)

      Subramanyapur Post,

      Uttarhalli Hobali-560061,

      Bengalore.

      Mobile No-8028611499

      (By Sri.S.M.Patil, Adv.)

O R D E R

By: Smt.M.Vijayalakshmi, Member

1. The complainant has filed this complaint against respondents for a direction to pay for non-germination of onion seeds loss of Rs 18,51,500 to complainant along with cost of the proceedings.
2. Complainant contended that in his complainant that, he is the agriculturist and advocate. His lands are situated at Chikkanarti Village Tq:Kundagol, Dist:Dharwad.
3. R1 is a dealer, R2 is a Distributor & R3 is a manufacturer. The contention of complainant that he is the farmer purchased Indo American plain  500gm 12 onion seeds packets and also he purchased sainath gold maize seeds 8 packets from R1 dated 03/08/2015. With an intension to sow in his land during the khairf season of 2015, after purchase of the said onion seeds he sowed to same in his respective lands i.e survey No 106/2 and 106/3 area is 6 acre. Maize seeds are sowed in survey No 85 area is 6 acre dtd 10/08/2015. By following the due procedure of sowing. At the time of sowing rainfall is there and lands are moisture. He has spent money for purchase of seeds, fertilizer and laborer charges. He maid his good effort with an intension to get good yield. But his efforts went in vain. He failed to get the yield because of onion seeds were not germinated due to the defective seeds .But maize seeds were germinated . No allegation of maize seeds only allegation of onion seeds.

    Further it is contended that this fact was

        brought to the notice of respondents by way of

        phone. But respondents nor visited the

        complainant’s   land and not responded. Hence

        complainant given   the legal notice to respondents   

        to inspect the lands. But the respondents not taken 

        any  action. Hence the complainant has filed this

            complaint against the respondents.

4. Respondents No 1 to 3 are appeared and filed their written statements. 
5. In the written version respondents contended that,  in brief is that, the complaint is false and frivolous and the same is not maintainable in the eye of law. The complainant regarding purchase of seeds of Indo American plain 500gms of onion seeds is not admitted by these respondents because there are no onion seeds of this brand. Respondents 1 and 2 admitted that complainant has purchased seeds of Indo American 500gms of onion seeds and receipts are admitted.  Respondents further contended that not aware of complainant sowing onion seeds on 10/08/2015. The complainant has not produced any agricultural dairy regarding falling package of practice, date of sowing, expenses etc. Hence complainant may be put to strict proof of the same. The further contended that the complainant has not produced any expert opinion by agriculture officers or horticulture officers or panchanama regarding failure of crop . Complainant has send video clippings through WhatsApp to the respondents. The concerned photographs are also produced herewith. Further contended that the germination of any crop depends on various factors Viz. 1.The type of soil i.e. status of soil, moisture contents in the soil 2.climatic conditions, like rain fall, water, light etc. 3. Use  of fertilizer in right quantity, type of fertilizer to be used at proper time. Further contended that the video clippings given by the complainant himself shows that, there is less moisture contents in the soil. Hence the onion seeds do not germinated during less moisture in the soil and that period there was  drought conditions , lack of rain fall at Kundagol taluk. The rainfall data and newspaper cutting regarding the pronouncing the drought is also produced. Onion seeds were tested in appropriate laboratory there after released the seeds for selling. Same lot number seeds were distributed to other farmers there is no complaints. This respondent company is reputed company. There is no cogent evidence to show that the onion seeds are not germinated due to defect of the seeds. Hence no deficiency in service on the part of the respondents. Hence respondents are prays for dismissal of complaint.

6. On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

Sworn to affidavits of complainant, respondents are filed apart from documents along with witness affidavit.   Written argument was advanced for both the parties along with citations.

Finding on points is as under:

1. In Negative.
2. In Negative
3. As per order

R E A S O N S

P O I N T S 1&2

7. The complainant has filed this complaint against respondents for a direction to pay for non-germination of onion seeds loss of Rs 18,51,500 to complainant along with cost of the proceedings.
8. Complainant has alleged that respondents have sold onion seeds are of inferior quality and defective, no germination. Therefore no yield. Due to which complainant has sustained heavy loss. Hence, this complaint is filed. R1 is a dealer, R2 is a Distributor & R3 is a manufacturer.
9. Details of purchase of seeds, area, receipt number, paid amount& claimed amount mentioned in below:

10. The Complainant purchased Indo American Hybrid onion seeds 500gms 12 packets from R1 is admitted fact. But main allegation of complainant is onion seeds are not germinated . Hence he filed compliant against respondents. No dispute in maize crop. Complainant has produced purchased receipts , it shows that he purchased 12 packets of onion seeds from R1 on 03/08/2015. Complainant contended that, On 10/08/2015 he sowing the onion seeds in his land survey no 106/2 and 106/3, 6 acre of area . Complainant has produced R/R relevant year but in the R/R not shown the grown onion crop but complainant name is there in cultivation column and owner column. But survey no 106/3 owners column complainant name and crop not mentioned. But complainant at the time of argument ,argued that said land taken on LAVANI basis . Hence no agreement copy. However, only on that ground the whole contention of the complaint cannot be said either false or created, only to gain money from the respondents. Because the respondents casually have denied the allegation of the complaint but at the same time respondents have also contended that if there was failure of crop it was due to some other reasons but not due to defect in the seeds.
11. In the complaint and affidavit of complainant though complainant has stated that he has purchased onion seeds and sowed, there afterwards Onion seeds are not germinated. He was waited till 2 months but onion seeds are not germinated. Complainant stated that at the time of sowing seeds soil is properly moisture but due to defective seeds , onion seeds are not germinated. But respondent in his written version contended that in Kundagol taluk in the year 2015 kharif season drought was declared, that period minus 48mm deficient rainfall in Kundagol Taluk. Hence onion seeds are not germinated about this respondent has produced metrological report for Dharwad district. In the month of August rainfall was deficient of minus 48mm in Dharwad district and Kundagol Hobali minus 39mm deficient rainfall. It shows at the time less rain fall is there. Hence complainant sowing onion seeds are not germinated. Complainant has produced whatsApp copy also show that, soil is not moisture. Hence contention of complainant onion seeds are defective is not acceptable.
12. The respondent has produced certificate of germination report.  Referring to such report that, there was 99.9% percent actual purity in seeds and germination of seeds 81%, as such the allegations of the complainants are not acceptable. The producers and sellers of the seeds are legally bound to get the seeds certified and tested from appropriate laboratories before being put for sale. But in this certificate shows Govt of India recommended laboratory ANISO25 Lab SEED ANALYSYS REPORT. Hence it is valid tested report. In this report onion pure seed percentage reported 99.9%. Date of testing of seeds on 05/01/2015.Hence onion seeds are certified and tested from appropriate and recognized laboratory, there after released the seeds for sale.
13. When complainant had issued legal notice alleging failure of crop, the respondent has not taken any action on those notices and respondents are not taken any steps. Respondent’s duty to respond the complainant allegation. Respondent No3, in his cross-examination stated that complainant not filed any written complaint. But he is orally by phone stated. Hence as per our office rules and regulations without written complaints we cannot take any action. But complainant was also not taken any further steps. He is not approached agriculture Dept or Horticulture Dept for inspection of his land and defective seeds. The complainant not produced any expert report. The complainant has failed to prove as known expert reports on regarding defective seeds. Expert report is paramount to decide case under section 13. Question regarding quality of seeds is to be determined following the procedure contemplated u/s 13 (1)(c) CP act and not on the basis of assumption or presumption. After allegation of complainant seeds are not tested from seeds testing laboratory expert evidence not produced. Non-germination by itself cannot lead to presumption that seeds are defective. It is responsibility of complainant to prove failure of seeds by examining experts. In case of defective seeds no germination at all possible sample of seeds not sent by complainant to scientific analysis no defect is proved. Complainant contended that, he had already sown entire seeds in his field. But seeds not there, then expert opinion or field panchanama which is sufficient to believe version of complainant. pBut complainant not taken any steps, any expert committee is to be accepted seeds are defective or field panchanama also not made. Another point he not approached to Horticulture dept or Agriculture dept for inspection of his land.  Hence complainant is not proved. Hence complaint is dismissed on above said grounds.
14. In view of all these reasons the point 1 and 2 is answered in negative.
15. Point 3 In view of finding on points 1 and 2 proceeded to pass the following.

O R D E R

Complaint is dismissed. Parties to bare their own cost.

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 29^th day of July2016)

(Smt.M.Vijayalaxmi)                                      (Shri.B.H.Shreeharsha)

Member                                                           President

Dist.Consumer Forum                                         Dist.Consumer Forum