Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member (1) This appeal takes an exception to an order dated 30.08.2007 passed in Consumer complaint No.296/2006 (Shri Vitthal Dagdu Dhavale V/s. Sharp Agro) by the Additional District Consumer Disputes Redressal Forum, Pune (‘the Forum’ in short). (2) It is the case of alleged deficiency in service in respect of the defect of the carnation plants supplied by the Respondent/original Opponent. It is the grievance of the Complainant that the plants did not live their expected life of three years and therefore, there is deficiency in service. The Forum held that deficiency is not established and dismissed the consumer complaint. Feeling aggrieved thereby the Complainant has preferred this appeal. (3) Considering the material on record, it could be seen that the plants survived for the initial years and thereafter they were affected by fujirium a fungus condition. It is the case of the Complainant that it was warranted that the plants supplied will not get affected by ‘fujirium’. The Forum rightly observed that there was no defect in the plants supplied and no such warranty against ‘fujirium condition’ established. In the given circumstances, the blame may be on lack of proper maintenance and care which was required to be taken. It must be noted that considering the flowering period of the carnation plants the fact that earlier the flowering had taken place, only indicates that there was no defect in the plants. Considering all these aspects, we find no reason to take different view than what has been taken by the Forum. Thus, finding the appeal devoid of any substance, we pass the following order: O R D E R (i) Appeal stands dismissed. (ii) In the given circumstances, parties to bear their own costs. Pronounced on 13th April, 2012. | 
