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.91/2001, Shri Uttam Sitaram Bagal V/s. Parekh Traders & Anr. by District Consumer Disputes Redressal Forum, Satara (‘the Forum’ in short). The complaint pertains to supply of defective seed. The same was allowed as against the manufacturer and feeling aggrieved thereby, this appeal is preferred by said manufacturer. 2. Both parties 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. Therefore, we prefer to consider this old appeal pending for admission on its own merit. 3. In the instant case, the seed in question appears to be defective seed. It did not bear the fruits i.e. peas. On the complaint, the field was inspected by the Village Officer and Agriculture Officer. Considering the per se defect in the seed, it is for the manufacturer to explain as to how seed sowed could not bear fruits i.e. peas and since, they failed to discharge their said burden, ultimate order passed against the manufacturer cannot be faulted with. We find no merit in the appeal. Hence, we 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. |