O R A L O R D E R
Per Mr.B.A.Shaikh, Hon`ble Presiding Judicial Member.
1. This appeal is preferred against the order dated 16/06/2008 passed in CC. 67/2008 by Dist. Forum, Osmanabad by which the complaint has been partly allowed.
2. The case of the complainant as set out in the complaint in brief is that he had purchase Jute seeds of JR-05-24 variety from the opposite party Nos. 1 and 2 and he had sown the same in his agricultural land of G.Nos. 341 and 342, admeasuring 10 acre. On cultivation of the said crop, Shri.A.J.Hande, the Chief Seeds Certification Officer inspected the seeds plots in which the seeds weighing 25 quintals and 6 kg were produced by the complainant. The complainant thereafter deposited with the office of opposite party No. 1, 20 quintals and 80 kg. of good quality seeds and 3 quintals and 92 kg. of low grade quality seeds, to which lot No. 550 was given. The price of good quality seeds was Rs 2500/- per quintals and hence aforesaid good quality seeds were worth Rs 52,000/- The seeds sold to the complainant were found defective and substandard and therefore the complainant sustained loss in yield weighing 20 quintals, which is assessed at Rs 40,000/- to Rs. 50,000/-. The complainant raised no objection with the opposite parties as they accepted good quality seeds. However, on 27/04/2007 the opposite parties rejected the said seeds by sending letter to the complainant. The complainant therefore claimed total compensation of Rs 1,00,000/- with interest from opposite party Nos. 1 and 2.
3. The opposite party Nos. 1 and 2 filed written version and submitted that the Dist. Forum below has no territorial jurisdiction to decide the complaint. They also submitted that, the quality of the seeds is primafacie considered at their level and all the tests are done by the seeds Certification Officer only and that the 20 quintals and 80 kg of seeds produced by the complainant were due accepted by them subject to certification by competent authority. They further submitted that the seeds certification laboratory of Parbhani submitted report on 06/01/2007 and did not certify the seeds of the complainant and on 27/02/2007 the Government Seeds Certification Officer failed the seeds of the complainant and it was accordingly informed to the complainant. Thereupon the complainant did not take back his said seeds though he was informed to take back the same. Hence, the said seeds have been sold after calling tenders and the sale proceeds have been paid to the complainant and his acknowledgment was taken. He denied that the seeds of substandard quality was told to the complainant and therefore he sustained loss in the yield. They therefore submitted that complaint may be dismissed.
4. The Dist. Forum below as per impugned order allowed the complaint and gave direction to the opposite party Nos. 1 and 2 to pay compensation of Rs 50,000/- with interest @ 9 % p.a. to the complainant and also to pay him Rs 1000/- towards cost of the complaint.
5. This appeal is preferred by the original opposite party Nos. 1 and 2 feeling dissatisfied by the said order. We have heard Adv.Shri.D.S.Kulkarni who had appeared for the appellant. None appeared for the respondent/original complainant though several chances were given for final hearing to him.
6. The learned advocate of the appellant submitted that the Dist. Forum below has erred in giving the aforesaid direction, and did not consider that the appellant already paid Rs 28,581/- to the complainant towards the Jute seeds deposited by him, which were failed after due testing and lateron sold by calling tenders when the complainant did not take back the same after due intimation to him. He has invited our attention to the copies of the documents produced before us in support of his said submission. He further submitted that, the Dist. Forum below has not given any reason as to how the complainant sustained loss of Rs 52,000/- and hence impugned order may be set aside.
7. It is seen from the documents produced before us by the appellants that they have paid Rs 28,581/- to the complainant vide cheque No. 560975 dated 04/03/2008. The complainant has received that amount during pendency of the complaint, filed on 03/03/2008. The Dist. Forum below has not given any reason as to how it assessed price of Rs 2500/- for per quintal of the seeds. The seeds of complainant were not found of good quality after due testing. The opposite party Nos. 1 and 2 assessed the price of those failed seeds as Rs 1529/- per quintals which appears to be just and proper. Therefore we hold that as complainant received due price of his failed seeds weighing 20 quintals and 80 kg, he is not entitled to compensation of Rs 52,000/- which is granted to him under impugned order, on account of those failed seeds.
8. Moreover, the complainant adduced no evidence to prove that the seeds earlier purchased by him from the opposite party Nos. 1 and 2 were defective or of substandard quality. Therefore, there is no question of granting compensation to the complainant on that account.
9. We therefore hold that the impugned order is erroneous and it deserves to be set aside. Thus following order is passed.
O R D E R
1. The appeal is allowed.
2. The impugned judgment and order dated 16/06/2008 passed by the Dist.Forum Osmanabad in CC.No. 67/2008 is hereby quashed and set aside.
3. The complaint stands dismissed.
4. No order as to cost.
5. Copies of this judgment and order be issued to both the parties.
