Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member This appeal takes an exception to an order dated 28/11/2003, passed in consumer complaint No.82/2001, Shri Dadaso Vishwanath Bagal V/s. Parekh Traders & Anr. passed by District Consumer Disputes Redressal Forum, Satara (‘the Forum’ in short). The consumer complaint pertains to defective seed of peas manufactured by the National Seeds Corporation Ltd. The consumer complaint is allowed against the manufacturer and feeling aggrieved thereby, this appeal is preferred by the manufacturer. 2. This old appeal of 2003 is pending for admission. Appellant and its counsel are remaining absent in spite of notice published on Notice Board of this Commission, the Bar and on the Internet as well as separate intimation by way of abundant precaution sent by Post on 03/02/2012. In response to the intimation, respondent/org. complainant remained present. We heard him. 3. In the instant case, after sowing the seed of peas which was purchased from org. opponent No.1-Parekh Traders and manufactured by opponent No.2-National Seeds Corporation Ltd., it did not bear the fruits i.e. peas. Hence, per se, it is a case of defective seed. Complainant made complaint to the Government Officers as per Circular and those officers visited the field and their report corroborated the circumstances mentioned by the complainant. In the circumstances, it is for the manufacturer to explain as to how seed was not defective. They failed to discharge their such burden. Therefore, ultimate order passed against the manufacturer cannot be faulted with. We hold accordingly and pass the following order :- -: ORDER :- 1. Appeal is not admitted and stands disposed off accordingly. 2. No order as to costs. 3. Copies of the order be furnished to the parties. Pronounced Dated 22nd February 2012. |