1. Maharashtra State Seeds Corporation Limited, Akola through its District Manager preferred this appeal challenging the judgment and order passed by District Forum, Latur on 31.07.2008 partly allowing consumer complaint No.62/2008.
2. Facts giving rise to this appeal are as under:
Complainant Amol ……….resident of… Tq….Dist. Osmanabad is an agriculturist. Complainant is owner of Gut No.67 admeasuring 2 hector. During the Kharip season of 2007 complainant purchased Toor seed on 10.06.2007 from respondent No.2 Ambica Fertilizer, Latur. Said seeds in his land performing all the agricultural operations. Seeds were sown on 17.06.2007 and said were germinated properly. At the time of flowering it was found that some flowers were ready and same were of yellow. Therefore complainant revealed that the seeds purchased by him was of adulterated quality. Therefore he made application on 29.01.2007 that District Seeds Grievance Committee. Accordingly, Agricultural Development Officer, Z.P. Osmanabad issued not to all the concerned party and members of the committee on 07.11.2007 and asked them to remain present on 17.11.2007. Thereafter said inspection was postponed to 01.12.2007 and on same day committee visited the field. Committee submitted its report 42% seeds were found adulterated. After getting the said report complainant approached to Forum and demanded compensation and Rs.33,060/- and Rs.8000/- for mental agony and Rs.4000/- for cost.
3. Appellant appeared before Forum and resisted the complaint mainly on the ground that complainant did not produce any evidence to show that he has sown the seeds after taking precaution. It is also denied by the appellant that complainant whether applied manure in perfect quantity. It is further submitted by appellant that District Seeds Grievance Committee was not formed of all the required members. Therefore report given by said committee is not binding and not legal.
4. After hearing both the parties District Forum partly allowed the complaint and directed appellant to pay Rs.20,000/- as compensation with 9% interest from 07.03.2008. Forum also directed to pay Rs.2,000/- for mental agony and Rs.1000/-for cost.
5. Dissatisified with the said judgment and order original opponent No.1 came in appeal. Adv. Shri. D. S. Kulkarni appeared for appellant. Adv. Shri. P. V. Ingle though appeared for respondent No.1 was absent on the date of hearing. Adv. Shri. D. S. Kulkarni submitted written notes of argument. It is submitted by Adv. Shri. D. S. Kulkarni that Forum has not properly considered the pleading of the parties and evidence brought on record before it and came to wrong conclusion thereby caused miscarriage of justice. It is further submitted by Adv. D.S.Kulkarni that it is for the complainant to supply the seeds for testing through Government Laboratory. But as complainant failed to supply the same complaint ought to have been dismissed by the Forum. Hence appeal be allowed.
6. We thus heard Adv. D.S. Kulkarni and perused the papers. It is an admitted fact that complainant had purchased Toor seeds produced by appellant. It is seen from the contention of complainant that some plants were bearing yellow flowers while some are red flowers. Therefore complainant approached to District Seed Grievance Committee, accordingly committee on 01.12.2007 visited the field. President and Secretary of District Seed Grievance Committee, representative from Agriculture University were present at the time of inspection. Appellant though served with notice but did not bother to remain present at the time of inspection. As per the report of Seed Grievance Committee there was 42% seeds were of adulterated quality. Said committee consists of expert in the field of agriculture. Therefore the report is necessary to accept. Appellant did not produce any evidence to prove the fact that seeds were not of adulterated quality. It is for the seed company to supply seeds for testing to Government Laboratory, but appellant failed to supply the seeds. Even report of Seed Grievance Committee was not challenged by the appellant before higher authority as per Seed Act. In our view therefore District Forum rightly considered the facts and evidence while allowing the complaint. We see no reason to interfere the said order. Hence-
ORDER
1. The appeal is dismissed.
2. No order as to cost.
