DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 29^th  day of June 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                 Date of filing:  30/10/2015

              : Sri.V.P.Anantha Narayanan, Member

           CC/157/2015

1.  K.V.Raman,

     Kattil Veedu, Koottala Amsham,

     Alathur Taluk, Palakkad District.

2.  Babu,

     S/o K.V.Raman,

     Kattil Veedu, Koottala Amsham,

     Alathur Taluk, Palakkad District.

(By Advs.P.V.Radhakrishnan & K.Rajan)

                                      Vs

1. Senior Agricultural Officer,

State Seed Farm, Muthalamada, Chittur,

Palakkad District Panchayath Office,

Palakkad District Panchayath Office,

(Supplementary opposite party)

(By Adv.T.Santhosh)

                                                          O R D E R

By Sri. V.P.Anantha Narayanan, Member

           Brief facts of the complaint are detailed below. 

          Complainants are farmers in the region and in the land entitled to them they are cultivating from time to time and from the income derived there from they are earning their livelihood.  On 13.10.2014, to perform plantain cultivation, from the 1^st opposite party, 450 tissue culture “Nendran” seedlings were purchased @ Rs.15 each and the total amount of Rs.6,750/- was paid to the 1^st opposite party and the receipt therefore was also obtained by the 2^nd complainant from the 1^st opposite party.  Complainants have performed the plantain cultivation by applying manures and using irrigation and allied activities.  When plantain plants began to produce yield, it was found that the plantain seedlings purchased from the 1^st opposite party in the name “Nenthra Vazha Thai” yielded “Monthan Vazha” variety and this matter was at once informed to the opposite parties but the latter did not make an inspection in the concerned agricultural field and hence complainant sent a lawyer notice on 01.09.2015 to all the opposite parties; only then, according to the complainant, 1^st opposite party inspected this agricultural field, but they did not provide any relief and compensation for financial loss and mental agony caused to the complainants.  Complainants further appealed that plantain fruits were to be sold in the market during Onam festival for which purpose plantain cultivation was done.  At the time of Onam for one kilo “Nendrakkaya” a minimum of Rs.40/- would be obtained to the farmers and from one “Vazhakkula” 30 kilo grams of “Nendra Vazhakka” would be obtained, on that basis from 450 “Vazhakkulas” Rs.5,40,000/- would have been received by the complainant from banana cultivation; in addition, complainants have lost sale proceeds of small seedlings growing by side.  On this account Rs.90,000/- was lost.  Also to the complainants for performing plantain cultivation by way of land preparation Rs.1,25,000/- was spent, towards manuring and irrigation Rs.1,25,000/- was expended by the complainant.  According to the complainant, there was negligence and irresponsibility on the part of opposite parties due to which there has occurred loss to the complainants which should be recovered from the opposite parties and complainants have the right for that.  The complainants are poor small farmer and to earn livelihood by taking loan they do plantain cultivation.  Hence, the complainants pray to this Hon’ble Forum to direct the opposite parties to pay a compensation of Rs.6,50,000/- for various losses incurred by the complainant, to pay compensation of Rs.50,000/- for mental agony and other difficulties suffered by the complainant, to pay 12% interest and to pay litigation expenses etc. 

          Complaint was admitted and notices were issued to all opposite parties. 

The 1^st opposite party, denies all aversions except those admitted.  This opposite party admits that, to the 2^nd complainant 450 numbers of tissue culture banana seedlings were sold by this opposite party, but contends that these seedlings were sold not as per the scheme of agriculture department, or Muthalamada Farm or Government.  Kazhakkoottam Biotechnology and Model Floriculture Centre which is a Govt.Institution produced tissue culture plantain seedlings and these were collected and locally distributed only by this opposite party.  Since the seedlings were sold not as per any scheme, there were chances for no after sale services and interventions.  Workers who bought plantain seedlings in October 2014 raised some doubts in 2015.  Out of 450 plantain seedlings purchased, 200 numbers were given to his friend by the complainant, in exchange some other variety plantain seedlings were purchased from other agencies, farmers and they were cultivated.   When plantain plants flowered some showed symptoms of Mondan Vazha instead of Nendran Vazha.  In this connection explanation given by this opposite party is that, out of 10000 saplings distributed no other farmers complained about change of variety.  As agreed by the complainant, 200 saplings were given to his friend and the same number of seedlings were collected from other centres and were planted by him according to the complainant.  At this stage only through a detailed enquiry it can be known whether different variety seedlings were planted by the complainant.  After buying of saplings only after nine months complaint of change of variety was raised by the complainant.  The sale being not as a part of any scheme mentioned above, this complaint cannot be accepted.  There is a clear difference between “Mondan Vazha” and “Nendran Vazha” which can be known in the initial stage of growth itself.  Under these circumstances the matters raised in the complaint are baseless and the act of the complainant is to indignify the Govt.Institution.  Hence 1^st opposite party prays to the Hon’ble Forum to dismiss the complaint with cost.

          In the version filed by the 2^nd opposite party, the 2^nd opposite party denies all the allegations and averments in the complaint except those admitted.  2^nd opposite party contends that as per the averments in the complaint, 2^nd complainant purchased 450 tissue culture ‘Nendran Vazha’ seedlings from the 1^st opposite party which were distributed locally between 04.09.2014 & 13.10.2014; but when they started bearing fruits the complainant found that all the plantains are ‘Mondan Vazhas’ which caused huge loss to the complainant; this opposite party came to know of this complaint only on getting a registered lawyer notice dated.01.09.2015 from the complainants lawyer.  Immediately, this opposite party took steps to call for a report from the 1^st opposite party who sent an interim report dated 15.09.2015 which stated that the complainant purchased 450 numbers of tissue culture ‘Nendran Vazha’ seedlings from the farm on 13.10.2014.  According to the 2^nd opposite party this sale was conducted not in connection with any project implemented by the 1^st opposite party or the Agriculture Department.  The 1^st opposite party only locally distributed the saplings produced and bought from the Govt.Institutions namely Biotechnology and Model Floriculture laboratory, Kazhakkottam.   Hence, no assurances of after sale service or supervision of the cultivation was given from 1^st opposite party or the Agriculture Department.  The 1^st opposite party gave a final report dated.05.10.2015 to this opposite party and this report was prepared after inspecting the complainant’s cultivation.  This report stated that the complainant informed the 1^st opposite party by telephone that he planted 250 plantain seedlings which were bought from the 1^st opposite party and he also bought plantain seedlings from other farmers and other institutions for cultivation.  The farm officer of the 1^st opposite party institution conducted inspection of complainant’s cultivation site and could find nearly 250 numbers of plantain seedlings which were planted mixed with other varieties including the “Nendran” and “Mondan”.  This opposite party sent a reply notice dated.30.09.2015 to the complainants’ lawyer notice stating the facts which came to the notice of this opposite party from the interim report of the 1^st opposite party.  According to this opposite party the complainant had planted the plantain seedlings bought from the 1^st opposite party and those bought from other farmers and institutions in a mixed way.  Therefore it is impossible to identity which plantain seedlings are bought from the 1^st opposite party and which are purchased from others and since the cultivation was not under the control and regulation of the agricultural department, this opposite party could not take any responsibility for the mixed farming of all varieties of plantain seedlings done by the complainant.  2^nd opposite party also contends that being a farmer, the complainant could easily identify the difference between ‘Nendran Vazha’ Seedlings and ‘Mondan Vazha’ Seedlings in the initial stage of their growth.  Hence according to this opposite party a complaint after passage of nine months makes it unworthy and is a clear case of abuse of law; it is also pertinent to note that after selling 10000 numbers of tissue culture plant seedlings, apart from the complainant no one had raised a complaint against the plantain seedlings bought from the 1^st opposite party till date. 

2^nd opposite party also contends that the complainant has not impleaded the Palakkad District Panchayath as an opposite party through the Secretary even after receiving a reply from the Panchayath Secretary.  This opposite party cannot represent the Panchayath and hence the complaint is bad for nonjoinder of necessary parties and is liable to be dismissed.  This opposite party also contends that the complainant is liable to prove the loss suffered by him and the intention of the complainant is to gain unjust enrichment and the compensation claimed is very high and is not supported by documents and no deficiency of service is committed on the part of this opposite party.  In the light of these circumstances, the complaint should be dismissed with cost to this opposite party. 

In the version filed by the 3^rd opposite party, he denies all the aversions in the complaint except those specifically admitted.  According to the 3^rd opposite party this complaint is filed without any merit, with an intention to make illegal benefits by unlawful means.  This opposite party accepts the contentions raised by the 2^nd opposite party.  According to this opposite party the complaint is devoid of merits and should be dismissed with cost, otherwise, irrepairable injury prejudice and hardship would be caused.  Hence this opposite party prays to the Hon’ble Forum to accept his contentions and the complaint may be dismissed with cost. 

          Complainant filed chief affidavit so also the opposite parties.  2^nd complainant was cross examine as PW1 and his witness as PW2.  1^st opposite party was cross examined as DW1, DW2 & DW3    From the side of the complainant documents were marked as Ext.A1 to A4.  From the side of the opposite party Ext.B1 was marked.  Both parties were also heard.

           The following issues arise in this case.

1. Whether there is any negligence, deficiency in service and/or unfair trade practice committed from the part of the opposite parties?
2. If so, the relief remedy available to the complainant ?

Issues 1 & 2

The complainants had purchased 450 tissue culture ‘Nendra Vazha’ seedlings from the 1^st opposite party which is proved by Ext.A1 which is receipt No.29 dated.13.10.2014 which indicates name of the purchaser, amount of purchase, rate, number of seedlings purchase etc.  When they started bearing fruit the complainant found that all the plantain saplings supplied by the 1^st opposite party were of “Mondan vazha” saplings instead of “Nendra vazha”.  1^st opposite party admitted the purchased by the 2^nd complainant of 450 tissue culture seedlings on 13.10.14 from this opposite party institution but contends that the sale of these seedlings were not a part of project of agriculture department or Muthalamada Seed Farm or Government project, but the seedlings were collected from Biotechnology and Model Floriculture Centre, Kazhakkottam and locally distributed only and there were no chances of after sale interventions and service.  According to this opposite party this sale not being a part of project, complaint cannot be accepted.  As per the interim report marked as Ext.B1 submitted on the complaint raised by the complainant against the 1^st opposite party it is clear that sale of 450 numbers of ‘Nendran Tissue Culture Seedlings’ were sold by the 1^st opposite party on 13.10.2014 to the 2^nd complainant; they were distributed not as part of any project, but were collected from Kazhakkottam Government Institution named above and locally distributed only.  There was no after sale interventions and service.  It was also mentioned in the report that in July 2015 the complainant raised certain doubts by phone which were out of 450 numbers seedlings purchased 200 numbers were given to his friend and in exchange seedlings were purchased from other farmers and other institution and all these seedlings were planted in the complainants agricultural field in a mixed way.  The plantain which yielded ‘kulas’ showed symptoms of “Mondan Vazha Kulas”.  In the final report filed by 1^st opposite party he submitted that as per report number SSFM 14/2015 to the District Panchayath Secretary on 15.09.2015, to Mr.Babu, the 2^nd complainant as per receipt number 29 dated.13.10.2014, 450 ‘Nendra Vazha’ Tissue Culture Seedlings were sold from Muthalamada State Seed Farm.  The seedlings were distributed not as part of any project or scheme of agriculture department, Muthalamada State Seed Farm.  In Biotechnology and Model Floriculture Centre, Kazhakkottam, which is a Government undertaking, produced tissue culture plantain seedlings which were collected from them by the 1^st opposite party who locally distributed them only.  Since this distribution was made not as a part of any project or scheme, for after sale services or interventions or transactions there were no chances.  The complainant who purchased plantain seedlings in October 2014, by phone raised some doubts in July 2015 with his predecessor 1^st opposite party that out of 450 plantain seedlings purchased by the complainant 200 numbers were given to his friend and in exchange some plantain seedlings were purchased from other farmers and institutions and all of these were mixed and planted together.  Out of a total sale of 10000 tissue culture plantain seedlings no other farmers filed any complaint regarding variety change upto this date.  Only after nine months of the date of purchase of seedlings complaint was raised about variety change by this complainant.  Since the sale was made not as a part of any scheme or project it is difficult to entertain this complaint.  Also for ‘Mondan/Nendran varieties’, express change can be known in the initial stage itself. 

          We have perused the affidavits and documents filed by both parties before this Forum and understood that 2^nd complaint purchased on 13.10.2014, 450 ‘nendran’ tissue culture seedlings from the 1^st opposite party which is also admitted by the opposite parties.  We observe from the 2^nd complainant’s deposition before this Forum on his cross examination that he is cultivating tissue culture seedlings for the first time, all the 450 seedlings were cultivated by the complainants and not given any seedlings to his friends; we also observe that the complainant has stated that by saying that the seedlings are “nendran”, they were sold to the 2^nd complaint and only after producing yield complainants have understood that the yield is “mondan kulas” instead of “nendra kulas”.  From the photographs of “mondan vazha kulas” that appeared along with news in the Mathrubhumi News Paper issue dated.05.10.2015, we view that complainants got “mondan kulas” instead of “Nendra kulas” which is also clear from the deposition made by Mathrubhumi News Senior Reporter before this Forum as PW2 which is “A^nUhnän ]dbp¶ {]Imcw Øew ]cntim[\ \S¯n dnt¸mÀ«v X¿mdm¡nbXv Rm\mWv (Ext.A4).  Fsâ dnt¸mÀ«nsâ ASnØm\¯nemWv amXr`qan Zriyam[ya¯nepw, ]{Xam[ya¯nepw h¶n«pÅXv.  AXmWv tImSXnbn lmPcm¡nbncn¡p¶ ]{Xw. Øe ]cntim[\ \S¯nbXv Fsâ HutZymKnI \ne¡mWv. Rm³ sskäv C³kvs]£³ \S¯nbt¸mÄ Ipe ]pd¯p NmSnb sam´³ hmgbmWv I­Xv.  2 Znhkw ap³]mWv R§Ä sskäv C³kvs]£À sNbvXXv. \mev AXnÀ¯nbn DÅ `qanbn hmgIrjn I­nÔ from which it is clear to this Forum that complainant got “mondan Vazha kulas” from his cultivated site by cultivating tissue culture seedlings purchased from the 1^st opposite party.  Further we observe that the 1^st opposite party has not furnished the name and address of the friend to whom complainants are alleged to have supplied some seedlings from the seedlings purchased from the 1^st opposite party and also name and address of the agencies from whom complainants collected seedlings planted in his site.  In addition complainants are seen to have suffered a huge financial loss and consequently a lot of mental agony by having had to sell 440 “mondan kulas” for a very small amount of Rs.40,000/- (Rupees forty thousand only).  All these demonstrate that because of negligence on the part of 1^st opposite party of having sold 450 tissue culture seedlings to the 2^nd complainant without ensuring them by testing that the tissue culture nendra seedlings are correctly issued to the 2^nd complainant which cause a lot of financial loss and the resultant mental agony suffered by the complainants.  We show below the amount of financial loss suffered by the complainant. 

Therefore complaint is allowed. 

          We order the 1^st opposite party to pay Rs.2,68,000/- (Rupees two lakh sixty eight thousand only) to the complainant towards financial loss and mental agony suffered by them.  We also direct the 1^st opposite party to pay to the complainants’ Rs.5,000/- (Rupees five thousand only) by way of compensation for mental agony borne by the complainant’s and also to pay Rs.3,000/- (Rupees three thousand only) for cost of this proceedings incurred by the complainant’s.  Since we find that complainant’s have not made any transaction with the 2^nd & 3^rd opposite parties and the 2^nd and 3^rd opposite parties have not transacted with the complainant’s in this regard.  We order that 2^nd & 3^rd opposite parties are exonerated from any liability in this case. 

This order shall be executed within one month from the date of receipt of this order; otherwise complainant is also entitled to interest at 9% p.a on the total amount due to him from the date of this order till realization.

 Pronounced in the open court on this the 29^th day of June 2018.

                                                                                               Sd/-

                  Shiny.P.R

                   President 

                        Sd/-        

                   Suma.K.P

                    Member

        Sd/-

    V.P.Anantha Narayanan

                       Member

Appendix

Exhibits marked on the side of complainant

Ext.A1   -  Original receipt issued by 1^st opposite party to the complainant

Ext.A2 series      -  Photocopy of lawyer notice sent by the Complainant to the opposite

                        party through counsel with postal receipts

Ext.A3   -  Reply sent by 2^nd opposite party to the complainant

Ext.A4   -  Mathrubhumi News paper report

Exhibits marked on the side of Opposite parties

Ext.B1   -  Interim replies issued by Senior Agricultural Officer, Muthalamada, Palakkad

               No.SSFM 14/2015 dated.15.10.2015 (True copy attested)

Witness examined on the side of complainant

PW1      -  Babu.R

PW2      -  Abhilal.C.K

Witness examined on the side of opposite parties

DW1     -  V.Gireesh  Kumar

DW2     -  Thomas M Vaidyan

DW3     -  K.K.Vijayan

Cost

            Rs.3,000/-