BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,FATEHABAD.
Complaint No.:238 of 2017. Date of Instt.: 19.09.2017.
Date of Order: 08.02.2018.
Jagpal Singh son of Mahender Singh resident of village Bhodi, Tehsil Tohana & District Fatehabad.
…Complainant.
Versus
- Shiv Beej Bhandar, Shop no.79, Anaj Mandi, Bhuna, Distt.Fatehabad through its Proprietor.
- Mico Hybrid Seeds Pvt. Ltd., Kisan Complex, 4 K.M. Mill Stone Back side of B D Oil Mill Sirsa Road, Hisar.
…Respondents/OPs
Complaint U/s 12 of the Consumer Protection Act,1986.
Before: Sh.Raghbir Singh, President.
Sh.R.S.Panghal, Member.
Mrs.Ansuya Bishnoi, Member.
Present: Complainant in person.
OPs No.1 and 2 already ex-parte.
ORDER
The present complaint under Section 12 of the Consumer Protection Act, 1986 has been filed by the complainant against the Opposite Parties (hereinafter to be referred as OPs) with the averments that he is a resident of village of Bhodi, Tehsil Tohana, Distt. Fatehabad and is having agriculture land in the owner-ship of his father.
2. It is further submitted that the complainant purchased cotton seed of MRC seed 7361 brand from the Shop of OP No.1 vide Bill No.3605 on 02.05.2017 and a payment of Rs.800/- was made to OP No.1 by the complainant in cash and as such he is consumer of OPs. It is further submitted that at the time of selling of the cotton seed the OP No.1 had assured the complainant that the seed in question is of very good quality and it will give a yield of 16 quintals of cotton per acre.
3. It is further submitted that the above said seed was sown by the complainant in his agriculture land bearing Khasra No.5//15 and measuring one acre. The seed was sown as per instructions issued by the OPs. However after some time when the cotton plants grew up it was noticed that the plants are having different heights i.e. some of the plants were 3.5 feet in height and about 20% were of 4.5 feet in height. Some of the plants were of 7.5 feet in height. However the flowering on all type of plants was very poor and it was suspected that the crop will give yield only up-to 20%.
4. Thereafter the complainant visited the shop of OPs regarding selling of duplicate seed. However the OPs did not give any satisfactory reply and stated that the seed in question was sent by company. So, the complainant got his crop inspected from the experts/ specialists of Agriculture Department, Haryana, who in presence of OPs inspected the spot and opined that seed of very inferior quality was sown in the field of the complainant. It is further submitted that the complainant has suffered a loss of Rs.70,000/- on account of inferior and sub-standard seed supplied by the OPs. The complainant has further prayed that directions be issued to the OPs for making a payment of Rs.70,000/- on account of financial loss suffered and Rs.20,000/- as compensation on account of mental agony and harassment suffered by him. Hence, the present complaint.
5. Thereafter, the complainant filed an application dated 26.10.2017 praying therein for amendment of title of the complaint and impleading the Mico Hybrid Seeds Pvt. Ltd., Kisan Complex, 4 K.M. Mill Stone Back side of B D Oil Mill Sirsa Road, Hisar as OP no.2. OP No.1 submitted no objection to the above said prayer and the above said application was allowed and OP no.2 was impleaded as party. Thereafter on 01.12.2017 Op No.2 appeared through his counsel and sought adjournment for filing Vakalatnama and reply to complaint. However, no reply was filed by OP no.2 on next dates of hearing i.e. 15.12.2017, 03.01.2018 and 08.01.2018. Thereafter on 15.01.2018 none appeared on behalf of Op no.2 and as such he was proceeded ex-parte. OP no.1 did not appear after 26.02.2017 and no reply to the present complaint was filed on his behalf.
6. In evidence the complainant placed on record his affidavit as Ex.CW1 along-with documents as Annexure C1 i.e. Cash Memo, Annexure C2 i.e. Inspection Report dated 15.09.2017, Annexure C3 i.e. Khasra Girdawari, Annexure C4 i.e. Report of Halka Patwari, Annexure C5 i.e. Report of Sarpanch of village Bhodi and closed the evidence.
7. We have heard the complainant in person and also examined all the entire material placed on record of the present case. It is the case of the complainant that he purchased cotton seed from the OP No.1 on 02.05.2017 and payment of Rs.800/- was made by him to Op no.1. Op no.2 is the manufacturer of cotton seed in question. It is further the case of the complainant that the seed in question was inferior, duplicate, sub-standard and not as per assurance given by Op no.1. To prove its case the complainant placed on record his affidavit Ex.CW1/A in evidence wherein the averments made by him in the complaint have been reaffirmed. The complainant also produced cash memo Annexure C1 to establish that he purchased the seed in question from Op no.1 by making a payment of Rs.800/-. From Annexure C2 i.e. Inspection Report it is also revealed that the agriculture land wherein the seed in question was sown was inspected by the team of Scientists and Expert of Agriculture Department, Haryana on 15.09.2017. Vide the inspection report dated 15.09.2017 the team of experts opined that the cotton plants grown in the field of complainant were not of the same height. It is also opined that quantity of TINDAS was very poor on the plants and there was estimated loss of about 55% in the yield of complainant. It is also further opined that cotton seed sown in the field inspected by the team of expert was of very inferior quality.
8. Vide Annexure C4 Baljeet Singh, Circle Patwari after inspection of the agriculture land of complainant also reported that the cotton crop sown in his field was of poor quality and there was no hope that it will yield any crop. It is also further opined by the Patwari that in the surrounding area there was a very good quality of cotton crop. Vide Annexure C5, the Sarpanch of village Bhodi has also given his report that the cotton crop sown in the field of Sh.Jagpal Singh was of very poor quality whereas in the area there was a very good crop of cotton.
9. Since the OPs did not file any reply to the present complaint. Therefore the contentions of the complainant have gone unrebutted. Otherwise also from the aforesaid discussion it is established that inferior quality of seed was sold by the OPs to the complainant. Therefore we are of the considered opinion that the complainant has been able to prove deficiency on the part of OPs in selling cotton seed to him.
10. Regarding quantum of financial loss we are of the considered opinion that in this region of one acre of agriculture land can yield a cotton crop of 14 quintals. The prevailing market rate in the relevant season was approximately Rs.5000 per quintal. Therefore one acre of agriculture land can yield a cotton crop of Rs.70,000/-. In the present case the inspected team vide its report dated 15.09.2017 has opined that there was estimated loss of 55% in the cotton crop. Therefore the OPs are directed to make a payment of Rs.38,500/- (55% of Rs.70000/-) to the complainant jointly and severely. The OPs are also further directed for making a payment of Rs.10,000/- to the complainant as compensation on account of mental agony and physical harassment suffered by him. The present complaint is accordingly disposed of. The compliance of this order shall be made within one month from the date of receipt of this order otherwise the said amount shall carry an interest @ 8% per annum from the date of passing of this order till realization. A copy of this order be supplied to the parties free of cost. File be consigned to record room after due compliance
ANNOUNCED IN OPEN FORUM Dt.08.02.2018
(Ansuya Bishnoi) (R.S.Panghal) (Raghbir Singh)
Member Member President, District Consumer Disputes
Redressal Forum, Fatehabad
