As per Hon’ble President Mr. Atul Alshi.
1. The complainant has filed this complaint U/s 12 of Consumer Protection Act 1986 against OP for loss of crop due to defective seeds and less germination and thereby claiming financial loss of Rs,1,00,000/- alongwith compensation.
2. The story in short is as under –
The complainant is farmer having ancestral property 2.94 HR farmland. The complainant purchased seeds from OP No. 1 dealer of seed of OP No. 2, to plant rice in 4 Acre land 6 bags vide lot (Shree 1008)DD-17-1744 date of packing 03.03.2018 against total consideration of Rs.4020/- vide receipt no. 107. On 01.07.2018 in suitable atmosphere the complainant planted seed in his field but the seed could not be germinated as expected. Therefore, the complainant approached to Taluka Krishi Adhikari, Ramtek Division and expert person inspected spot on 09.10.2018 and reported that there is 40% seed germination was defective. Therefore, the complainant has to suffer financial loss of Rs.86,000/- due to bad seeds, therefore, the complainant issued legal notice on 11.02.2019 to OP but the notice has not been complied. Hence, the complaint has been filed by complainant.
3. OP No. 1 appeared through Adv. J.H.Kothari in case and filed application time to file reply and failed to file reply on record, case to be proceeded without reply against OP No. 1 and OP No. 2 served and appeared through Adv. Kshirsagar and not filed reply within 45 days period of time. Hence case proceeded without reply of OP No. 2.
4. After hearing of complainant and filed documents on record with complaint the following order with reasoning is passed.
POINTS
- Whether the complainant is consumer? Yes.
- Whether there is deficiency in service on the part of OP? Yes.
- What order? As per final order.
REASONING
5. The complainant is owner of land situated at Mouza-Chirva, Taluka Mouda, Distt. Nagpur bearing Gat No. 561/2/B having 2.94 HR and purchased seed for rice on 06.06.2018 bearing bill no. 107 amounting Rs.13,220/- which is file as document no. 2 as per list of dtd.18.11.2019. The complainant purchased seeds from OP No. 1 Santosh Krishi Seva Kendra, Bhugav which is manufactured by OP No. 2 Daftari Agro Pvt. Ltd., Wardha. The complainant purchased 6 bags of seeds vide lot no. Shree 1008 DD-17-1744. Therefore the complainant is consumer of OP due to non germination of seeds properly. Therefore, the complainant issued legal notice on OP. The complainant also registered grievance against OP to Taluka Adhikari Samiti at Ramtek. The officer and expert inspected the land of complainant on 09.10.2018 and prepared inspection report which is filed on as document no. 4, reported that seeds were not properly germinate and 40% of seeds were sprouted and remaining seeds found defective form in the lot of Shree 1008.
6. After examination of spot by Taluka Krishi Adhikari, the report has been prepared in consultation with expert of agriculture expert, Taluka Agriculture Officer, Sub Divisional Agriculture Redressal Committee alongwith representative of manufacture company as well as seller. The report prepared by committee of Taluka Krishi Adhikari is reliable report. The complainant fail to submit the calculation of loss by filing appropriate evidence from agriculture market company for the loss of less germination. Therefore OP No. 2 manufacturer of seed liable to pay Rs.40,000/- as token amount of Compensation alongwith Rs.10,000/- against cost of litigation to the complainant. The OP No. 1 is seller of seed therefore, no role in manufacturer. Therefore, no order is passed against OP No. 1.
ORDER
- The complaint is partly allowed.
2. The OP No. 2 the manufacturer of seeds is hereby directed to pay Rs.40,000/- Compensation for less germination
3. The OP No. 2 is further directed to pay Rs.10,000/- towards litigation cost to the complainant.
4. No order is passed against OP No. 1 who is seller of seeds.
5. Copy of the order shall be supplied to all the parties free of cost.
