BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                             Consumer Complaint No. : 220 of 2021

                                                        Date of Institution           : 08.10.2021

                                                                  Date of order                  : 16.10.2023

Sher Singh son of Sh. Atma Ram R/o village Bhariwas, Tehsil Tosham, District Bhiwani.

           ……Complainant.

Versus

M/s Sihag Beej Bhandar, Main Bus Stand, 06 Haryana Miran Tehsil Tosham,

District Bhiwani.

…… Opposite Party.

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

BEFORE:       Hon’ble Mrs. Saroj Bala Bohra, Presiding Member.

  Ms. Shashi Kiran Panwar, Member.

Present:-        Complainant in person.

           Sh. Satpal Sihag, Advocate for OP.

ORDER:

Saroj Bala Bohra, Presiding Member:

1.                 Brief facts of this case are that complainant cultivated Cowpea (Lobia) crop in 6 acres of land, that the crop gathered well and grew 3-4 inches in length and alongwith the crop weeds also grew. The complainant wants to destroy the weeds growing in the crop.  So, compdlainant went to OP for weed removal.  Upon which, OP gave medicine namely Patela  to the complainant for spraying in the fields.  Complainnat sprayed the medicine. After 3 days, alongwith the weeds, Lobia crop also got damaged.  Complainant came and told all the details to OP. OP sent a person to inspect the situation but expressed him inability to help. Complainant informed the Agriculture Department, upon this, officials from the said department at Hisar came and took stock of the crop and reported 50% loss to the crop.  The report of agriculture department is on record. 

2.                 Upon notice, OP appeared through counsel and refuted the allegations of the complainant.  Op went to the fields to see the crop and accepted the facts that not the complainant himself but his son had taken the medicine Patela from him. Op told that 3 liters of the medicine was taken but the report of Agriculture Department there is no mention of one liter anywhere.  Op has told that the crop has been damaged due to lack of rain. Op says it is not done as per the method suggested by him till date and they do not have any pending complaint.  Khewat/Khasra number have not been mentioned anywhere in the report of the department.  According to OP, every farmer of this village has received 100% compensation for the loss of 2021 in 2022 but there is no documents in the record to prove that compensation has been received.  

3.                 Complainant to prove his case has placed on record his affidavit as Ex. CW2/A  and affidavit of Mr. Zile Singh S/o Atma Ram R/o village Bhariwas District Bhiwani alongwith documents Annexure B-1 to Annexure B-11 and closed the evidence on 10.03.2023.

4.                 On the other side, no evidence produced on behalf of OP rather learned counsel for OP has made a statement that documents Annexure  B1 to Annexure B3 placed on record on behalf of complainant may also be read into their evidence. Thereafter, closed the opportunity to lead the evidence on 04.08.2023.

5.                 We have heard learned counsel for the OP and have also heard  the complainant and gone through the record minutely, we have come to the conclusion  that the complainant has suffered crop  loss and that too due to Patela medicine (Annexure B-4).  The Op should have told the complainant that the alleged medicine is not sprayed in the crop of Lobia. The name of complainant is Sher Singh but in the land records, by mistake, it has been written as Shamsher but there is clarification on record qua this fact by furnishing documents a photocopies of affidavit dated 25.08.2023 of complainant Sher Singh, his Aadhar Card, Parivar Pahchan Patra,  Voter I-Card & PAN Card etc. During the course of arguments, it has brought into notice of the Commission that the rate of Lobia crop  during the prevailing period rate of the crop per quintal was Rs.6300/- and average yield comes to one acre is 6 quintal. Admittedly, the crop of complainant has suffered loss to the extent of 50%, as such, the complainant has suffered loss in 6 acres to the tune of Rs.1,13,400/-.  After going through the record and appreciating the evidence on record, we found that the OP was negligent while selling the medicine to the complainant. This also amounts to unfair trade practice. Accordingly, we allow the present complaint and direct the OP to comply with the following directions within 40 days from the date of order:-

(i)       To pay a sum of Rs.3900/-(Rs. Three thousand nine hundred) which incurred by complainant on purchase of the medicine (Anneuxre B-3) alongwith simple interest @ 9% per annum from the date of filing of complaint till the actual realization.

(ii)      To pay Rs.1,13,400/- (Rs. One lac thirteen thousand four hundred) as compensation towards the crop loss.

(iii)     To pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OP shall liable to pay simple interest @ 12% per annum on all the aforesaid amount for the period of default. Certified copies of the order be sent to parties free of costs. File be consigned to the record room, after due compliance.

Announced.

Dated:16.10.2023.

                              (Shashi Kiran Panwar)              (Saroj Bala Bohra)

                                                   Member                 Presiding Member

District Consumer

Disputes Redressal

Commission, Bhiwani.