By Smt. Padmini Sudheesh, President<br /> <br /> The case of complainants is that the complainants are President and Secretary of the Nellulpatakasamithi, Vellangallur. The Samithi consists of 80 members. Thirty farmers of the Samithi had purchased 1020 Kg. of ‘Aiswarya’ paddy seeds from the Agricultural Officer as per the representations made by him. They sowed the seeds as per the direction of the Agricultural Officer on 28/9/01 and the small plants of rice were planted in their own fields on 29/9/01. The plants started to flower within 50 to 60 days and the flowerings were not healthy and there were no result as represented by the Agricultural Officer. If the farmers sowed ordinary seeds they will get Rs.6,500/- per acre. Hence the farmers sustained a loss of Rs.1,95,000/-. Each farmers had spent Rs.6,500-. The farmers used the seeds as per the directions of the Agricultural Officer. But the instructions given by the respondents are false. There is deficiency in service. There was a loss of Rs.3,90,000/-. Notice sent to 1st respondent, but no remedy, even if reply. Hence this complaint.<br /> <br /> 2. The counter of 1st to 3rd respondents is that they denied the purchase of the seeds from the 4th respondent. The farmers did not act as per the instructions of the respondents. The averment that defective seeds are provided is not true and denied. Complainants are not entitled for the relief sought. 4th respondent had supplied the seeds. These respondents only distributed the seeds. 1st to 3rd respondents acted as agents of 4th respondent and provided subsidy to the farmers. There is no deficiency in service on the part of these respondents. Hence they are not liable for any loss. Hence dismiss the complaint.<br /> <br /> 3. The counter of 4th respondent in brief is that petitioners are not the consumers under the Consumer Protection Act. This respondent is purchasing seeds from Regional Agriculture Research Station, Pattambi (R.A.R.S.). Later seeds multiplication is being done in the NSC Fields under the direct supervision of National seed Corporation production Centre and seed certificate Agency. National seed Corporation (NSC) had conducted inspections at two stages of flowering and harvesting. NSC is confirming the standards of the seeds after conducting these quality tests and as per specifications given in Seed Act. These quality seeds are then packed and supplied with the label of National Seeds Corporation (NSC). This respondent supplied Aiswarya paddy seeds during August 2001 as per the order of the Principal Agricultural Officer, Thrissur with the dated Bills. It is not seen from the records that this respondent directly supplied the AISWARYA seeds to Krishi Bhavan, Vellangallur. Moreover, even if there is any complaint with regard to the seeds supplied, they would have objected at the time of delivery of seeds or at least within 15 days of from the date of the receipt of the seeds. This respondent has not received any complaint from the other places in Thrissur. It is not correct to say that the ‘Samithi’ have purchased the alleged Quantity of AISWARYA SEEDS of National Seeds Corporation as alleged in the complaint. National Seeds Corporation purchased ‘AISWARYA’ paddy seeds from the Regional Agriculture Research Station (NARS) Pattambi for Rs.18.00 per Kg. Flowering duration for Aiswarya Paddy seeds is commonly fixed at 90-95 days and the maturity duration is fixed at 120-125 days. This Aiswarya Paddy seeds are suitable for Kole and Wayanad regions. It was prescribed that the transplantation of Aiswarya Seeds should be don e only after one month from the date of sowing. Even if the petitioner has purchased the seeds of National Seeds Corporation as alleged in the petition, they have not followed and practised the specific instructions and directions given by NSC for the purpose of cultivation. Good Seed Storage is very essential to the successful seed. The date of purchasing of Aiswarya Paddy Seeds were not mentioned any where in the petition. The petitioner may not have stored the seeds in proper and favourable conditions if proper storage facility is not provided the viability and capacity of the seed will get deteriorated. Environmental conditions like soil factors, power of sunlight, water, fertilizers etc. will affect the flowering of Aiswarya Paddy crop. The above factors may also cause damage to growth and production. There is no deficiency of service from this respondent. RARS, Pattambi is a necessary party. This respondent is not liable for the acts alleged. Hence dismiss.<br /> <br /> 4.5th respondent had impleaded later and filed counter to the same effect of counter of 1st to 3rd respondents.<br /> <br /> 5. The points for consideration are :<br /> 1) Is there any deficiency in service ?<br /> 2) If so reliefs and costs ?<br /> <br /> 6. The evidence consists of Exhibits P1 to P10 and Exhibits R1 and R2.<br /> <br /> 7. Point No.1 : 1st respondent, the Agricultural Officer Krishi Bhavan, Vellangallur had made instructions to the farmers. As per the direction the seeds were purchased and sowed by the farmers. The exhibits produced by the complainants affirms the case of the farmers. Exhibit P2 is a crucial document which is an admission of the 2nd respondent. In which it is stated that 1020 Kg. Aiswarya paddy seeds were distributed to Vellangallur Punchapadam for Mundakan season cultivation. In the counter 4th respondent stated that 1020 Kg. seeds were not provided. The 2nd respondent also made a representation to the complainants that the seeds are having a duration of 120 days, but 2nd respondent also stated that the seeds started flowering 50 to 60 days after sowing and also added that the crop is a bad condition. This fact was reported to Principal Agricultural Officer and the D.D.A. and the scientists of Kerala Agricultural University have visited the fields also. From these it is very well clear that the farmers had got a poor harvest from the Aiswarya seeds. Who is responsible for this is the question to be decided. On the basis of the representation of 2nd respondent the farmers had taken such a step. But the seed is supplied by 4th respondent, the National Seed Corporation. In the counter they contended that the Corporation purchased the seeds from the Regional Agriculture Research Station (RARS), Pattambi. Later seeds multiplication is being done in the NSC fields under the direct supervision of NSC production center and seed certificate Agency. NSC was conducting inspection at the two stages of flowering and harvesting. The process of packing and supplying is described by 4th respondent. According to 4th respondent, if any complaint they would have objected at the time of delivery of seeds or at least within 15 days from the date of receipt of the seeds. But this can not be accepted. How the quality of the seeds can be predicted before sowing and flowering. These seeds are distributed by the Agricultural Officer by making healthy representation. So the farmers never thought otherwise. They accepted the words and seeds as such. There is no fault on the part of farmers. All the respondents are liable for the loss caused to the complainants. There was deficiency in service on the part of respondents.<br /> <br /> 8. Point No.2: The 4th respondent is the supplier of the seeds and the main responsibility is upon the 4th respondent. Respondents 2 and 3 are the dealers of the distribution. It is the fundamental duty of them to ascertains the genuineness of the seeds which they are selling to the agriculturists. Respondents 1 and 5 are in representative capacity also answerable to farmers. According to the complainants each agriculturists were incurred Rs.6,500/-. All the respondents are equally responsible for the loss. The thirty farmers are entitled for Rs.2,500/- each for the loss.<br /> <br /> 9. In the result, complaint is allowed and the respondents are directed to pay Rs.2,500/-(Rupees Two thousand and five hundred only) each to the agriculturists. No order as to cost and compensation.<br /> <br /> Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 19th day August 2008.<br />