Per Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member
This is an appeal filed by M/s.Krishidhan Seeds Ltd./appellant herein against the order passed by District Consumer Forum in consumer complaint No.471/2009 decided on 16/07/2010. By the said judgement, complaint was partly allowed and appellant/Company along with opponent No.2 was directed to pay a sum of `50,000/- to the complainant by way of compensation for supplying defective seeds and was also directed to pay `10,000/- as compensation for mental agony and was also directed to pay `1,000/- as costs. The award was passed against both the opponents against which org. opponent No.1/Seed Manufacturing Company has filed this appeal.
We heard Mr.Vinod Bhide, Advocate for the appellant and Mr.A.V. Patwardhan, Advocate for the respondents/org. complainants.
Upon hearing, we are finding that when the complaint was decided, there was Expert Committee Report in which one material page of report was missing and that was sought to be taken advantage of by the appellant in the course of arguments. Before us, certified copy of the Expert Committee Report was tried to be produced by Counsel for the respondent/complainant. We perused the said report and we are finding that the Expert Committee Report was prepared in presence of all the Members of the Committee as per the Government Resolution, but while giving certified copy of the said report to the respondent, the Agricultural Committee of the Zilha Parishad, Kolhapur had given incomplete report. That report is required to be produced in full and for that purpose, it is necessary that we should remit the complaint back to the District Consumer Forum. Secondly, we find that none of the Expert Committee Members has given affidavit in support of said report. As per the ruling of the National Commission, affidavit of one of the Members of the Expert Committee is sine qua non for arriving at the proper conclusion and to give credence to the said report. We are inclined to remand this complaint back to the District Consumer Forum on this ground also. Thirdly, we are told by Advocate Mr.Patwardhan for the respondent that respondent is having original wrapper of seed bag and that wrapper of seeds would leave no doubt that the seed contained therein was the seed manufactured by the appellant and nobody else. We are therefore inclined to remand this complaint back to the District Consumer Forum so that respondent gets an opportunity to produce these materials and then the District Consumer Forum would be in a greater position to appreciate the facts. The appellant will be at liberty to file its additional say or affidavit, if any to contest the fresh documents that may be produced by the respondent. In the circumstances, we pass the following order :-
-: ORDER :-
1. Appeal is allowed. The impugned order dated 16/07/2010 is quashed and set aside.
2. Complaint No.471/2009 is remitted back to the District Consumer Forum, Kolhapur with a direction to permit the respondent/org. complainant to place on record certified copy of the Expert Committee Report, Wrapper of seed bag and affidavit of one of Members of the Expert Committee. Thereafter, after giving full opportunity to opponent No.1/appellant herein, District Consumer Forum shall dispose of the complaint on merits.
3. We make it clear that we are not disturbing the order passed against opponent No.2 since it has not filed appeal to challenge the award passed against it.
4. Both the parties are directed to appear in the District Consumer Forum on 19/09/2011.
5. No order as to costs.
6. Amount deposited by the appellant in this Commission be refunded to the appellant.
7. Copies of the order be furnished to the parties as also to the District Consumer Forum, Kolhapur.
Pronounced
Dated 23rd August 2011.
