Maharashtra

StateCommission

A/03/1947

NATIONAL SEEDS CORPORATION LTD. - Complainant(s)

Versus

SHRI. UTTAM SITARAM BAGAL - Opp.Party(s)

22 Feb 2012

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
First Appeal No. A/03/1947
(Arisen out of Order Dated 28/11/2003 in Case No. Complaint Case No. CC/01/91 of District Satara)
 
1. NATIONAL SEEDS CORPORATION LTD.
BEEJ BHAVAN, GULTEKADI MARKET YARD, PUNE
...........Appellant(s)
Versus
1. SHRI. UTTAM SITARAM BAGAL
DHAMBHEWADI, TAL. KHATAV, DIST. SATARA.
2. PROP. M/S.PAREKH TRADERS
SHOP NO.18, SHETKARI NIWAS, MARKET YARD, PUNE.
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. S.R. Khanzode PRESIDING MEMBER
 Hon'ble Mr. Narendra Kawde MEMBER
 
PRESENT:
Both parties are absent.
......for the Appellant
 
ORDER

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.

 

 
 
[Hon'ble Mr. S.R. Khanzode]
PRESIDING MEMBER
 
[Hon'ble Mr. Narendra Kawde]
MEMBER

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