NCDRC

RP/2576/2009

NUZIVEEDU SEEDS LTD. - Complainant(s)

Versus

SAU. NILABAI GOKUL PATIL - Opp.Party(s)

MR. NARENDRA DHOOT

28 Aug 2009

ORDER

Date of Filing: 20 Jul 2009
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2576/2009
(Against the Order dated 08/04/2009 in Appeal No. 616/2004 of the State Commission Maharastra)

1. NUZIVEEDU SEEDS LTD.Through its Deputy General Manager, Shri Bhaskar Babarao Gwande, R/o Plot No. J-48, M.I.D.C. Phase -III, Akola, Tq-AkolaAkolaM.S						...........Appellant(s)
Vs.
1. SAU. NILABAI GOKUL PATILThrough Prop. Manoj Harshal Agrwal, R/o Shivaji Shopping Centre, Chopada, Tq-ChopadaJalgaon(Khandesh)M.S						...........Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER

For the Appellant :

MR. NARENDRA DHOOT

For the Respondent :

NEMO

Dated : 28 Aug 2009

ORDER

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REVISION PETITION NO. 2576 OF 2009

(From the order dated 8.4.09 in Appeal No.616/04 of the State Commission, Maharashtra)

Naziveedu Seeds Ltd. … Petitioner

Versus

Sau. Nilabai Gokul Patil … Respondent

REVISION PETITION NO. 2577 OF 2009

(From the order dated 8.4.09 in Appeal No.614/04 of the State Commission, Maharashtra)

Naziveedu Seeds Ltd. … Petitioner

Versus

Shobhabai Vijaysingh Patil … Respondent

REVISION PETITION NO. 2578 OF 2009

(From the order dated 8.4.09 in Appeal No.612/04 of the State Commission, Maharashtra)

Naziveedu Seeds Ltd. … Petitioner

Versus

Shahadu Deochand Bhoyee … Respondent

REVISION PETITION NO. 2579 OF 2009

(From the order dated 8.4.09 in Appeal No.609/04 of the State Commission, Maharashtra)

Naziveedu Seeds Ltd. … Petitioner

Versus

Vitthal Magan Koli … Respondent

The dispute involved between the complainants/consumers (respondents herein) and the petitioner purchaser of the seeds is regarding the grievance of the respondents that the petitioner sold defective seeds to them, as a result of which, the yield of cotton was not good, though the petitioners have established that the seeds would give a good yield. Respondents obtained the opinion of the Agricultural Department as well as Mahatma Phule Krishi Vidyapeeth, Rahuri (MPKV for short). MPKV opined that “all the F1 plants in the field expected to express similarly amongst themselves for morphological traits. However, in all the plots visited deviation from expected expression was observed which definitely do not confirm to the hybrid characteristics/nature”.

Keeping in view the report of the Agricultural Officer after spot inspection and the report of the University, the District Forum allowed the complaint, against which the petitioner preferred an appeal before the State Commission, which has been dismissed by the impugned order.

In view of the unchallenged expert opinion rendered by the University, the fora below have rightly directed the petitioner to compensate the respondents for the loss suffered by them. No merits. Dismissed.

......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER