Haryana

Bhiwani

CC/810/2019

Jai Kumar - Complainant(s)

Versus

Ravi Beej Bhandar - Opp.Party(s)

Jagdish Sheoran

25 Oct 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 810 of 2019

                                                                Date of Institution    : 22.10.2019

                                                                Date of decision:      : 25.10.2023

 

Jai Kumar son of Sh. Bharat Singh R/o village Bisalwas, Tehsil Loharu, District Bhiwani.

                                        ...Complainant. 

 

                                                    Versus.

1. Ravi Beej Company, 28, Arya Samaj Mandir, Nagori Gate, Hisar, District Hisar though its authorize signatory.

 

2. Shriram Bioseed Genetics, Survey No.65, Gundlapochampally village, Medchal-Malkajgiri District, Telangana State-500100 (040-67066695) through its authorized signatory.

 

3. Tierra Agrotech Private Limited, 1-62-192, 3^rd Floor, Dwaraka Avenue, Kavuri Hills, Madhapur, Hyderabad-500033, Cell No.7995531111 through its authorized signatory.

 

...Opposite parties.

 

COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT, 1986.

Before: -      Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

                    Hon’ble Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Jagdish Sheoran, Adv. for complainant.

                    OPs exparte.

 

                                                  ORDER:

 

SMT. SAROJ BALA BOHRA, PRESIDING MEMBER:

1.                 Brief facts of the case present complaint are that complainant purchased cotton seeds from OP No.1 vide bill no.793 dated 05.05.2019 by paying Rs.11,520/- (Rs.7200/- for 10 packets of Bioseed 105 + BGII and Rs.4320/- for six packets Tierra 5080 SO7H878 BGII). After sowing the same, in the month of August/September 2019, complainant noticed that the height of plants was very less and it was having a small quality of yield (tinda). So, OP No.1 was informed, who advised to talk with OPs No.2 & 3, upon which, Mr. Aditya Kumar Tripathy, an official of OP, visited the fields of complainant and found defects in the seeds supplied by OPs No.2 & 3. Complaint in this regard was made to SDO, Agriculture, Loharu on 17.09.2019, report no.88 dated 18.09.2019 was submitted by concerned officer mentioning that size of the yield was very small and height of the crop was also very less and due to this crop  could not develop properly  and because of which complainant suffered huge loss. Complainant has submitted that he has suffered financial loss of Rs.3,85,000/- (7000 Kg. cotton crop in 10 acre land @Rs.5500/- per quintal) due to act and conduct of OPs.  Hence, the present complaint has been preferred seeking directions against Ops to pay Rs.3,85,000/- alongwith interest @18% per annum, to pay Rs.1.00 lac on account of harassment and Rs.11,000/- as litigation expenses.

2.                 Upon notice, OPs were appeared through their respective counsel but later on, during the course of proceedings, they failed to appear  and file written statement. As such, they were proceeded against exparte vide order dated 29.10.2021.

3.                 Complainant in exparte evidence, filed affidavit Annexure CW1/A and documents Annexure C-1 to Annexure C-7 and closed the evidence on 08.09.2022.

4.                 We have heard learned counsel for complainant and perused the record minutely. Complainant to prove his complaint placed on record purchase bill of the alleged seeds Annexure C-1. Report of Agriculture officer placed on record as Annexure C-2 reveals that upon inspection, yield of cotton crop (tinda) was very low in size and heights of the plants were also very low. Further, the seeds sown by farmer were defective and mixed quality. Farmer has to suffer 50-60% loss in yield.  Complainant has also placed on record copy of jamabandi as Annexure C-6. From the documents so produced by complainant, there seems that the Ops have sold defective seeds to the complainant and because of which, he has to suffer huge monetary loss on account of less yield of cotton crop. The evidence so produced by the complainant remained unrebutted as the OPs abstain themselves from proceedings of the case and were proceeded against exparte. Thus also, we have no other option except to believe the version so put forth by the complainant. Taking into account all aspect of this case, we take rate of cotton for the relevant period as Rs.5500/- per quintal and yield to the crop as 6 quintal per acre and as per report of Agriculture Department, on record, loss caused to crop by 50-60%. However, we assess loss to the crop as 50%. As per above calculation, Rs.5500 x 6 quintal per acre =Rs.33,000/- per acre. As per complainant and revenue record on file, complainant sown the cotton crop in 10 acres.  Thus total loss caused to complainant comes to 50% of Rs.3,30,000/- i.e. Rs.1,65,000/-. Accordingly, the complainant is entitled to Rs.1,65,000/- as compensation for the loss caused to the cotton crop. In the present case, we do not see any negligence or deficiency on the part of OP No.1. Accordingly, the complaint is allowed against OPs No.2 & 3, jointly and severally and they are directed to comply the following directions within 40 days from the date of this order:-

(i)       To refund Rs.11,520/- (Rs Eleven thousand five hundred twenty) to the complainant alongwith simple interest @ 9% per annum from the date of institution of this complaint till its actual realization.

(ii)      To pay Rs.1,65,000/- (Rs.one lac sixty five thousand) to the complainant as compensation for the loss caused to the crop of complainant as well as for harassment to him.

(iii)     Also to pay a sum of Rs.5500/- (Rs. Five thousand five hundred) on account of litigation expenses.

                    Further the award in question/directions issued above must be complied with by the OPs No.2 & 3 within the stipulated period failing which all the awarded amounts  shall attract simple interest @ 12% per annum for the period of default.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:25.10.2023.

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)       

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani. 

 

 

 

 

Present:        Sh. Jagdish Sheoran, Adv. for complainant.

                    OPs exparte.

 

                    Arguments heard. Vide order passed today separately, this complaint has been allowed. Copy of the order be supplied to parties, free of costs, as per rules. File after due compliance be consigned to the record room, as per rules. 

Dated: 25.10.2023

                                                  Member                              Presiding Member

                                                                                  DCDRC, Bhiwani