This C.C coming on before us for final hearing, on 13-10-2008 in the presence of Sri. P.Madhava Rao, Advocate for Complainant , and of Sri.T.Ramesh Babu, Advocate for the opposite party No- 1 & 2 ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complaint are that the complainant is having land to an extent of Ac.3-00gts in and out of Sy.No.248/2 situated at Anjanapuram Village of Thallada Mandal, Khammam District. The complainant with an intention to raise Blackgram in his field, he purchased 16 Kgs of Blackgram seeds from the shop of opposite party No-2 shop consisting of 4 bags each weighing 4 kgs of LBG-645 bearing Lot Nos.on 6-11-2006 for Rs.1,440/- produced and marketed by opposite party No-1 under Lot No.V40.
3. The complainant prepared the land for sowing the black gram seeds and applied timely manures. The complainant sowed the seeds in the month of November, 2006 and the plants grown up to the stage of flowering and the no crop was yielded as assured by the opposite parties. In fact the Black Gram crop , the yield should come out within 90 days. But though 80 days are passed, no fruitful results have come, this caused severe mental agony, pain and suffering to the complainant coupled with loss of earnings. The complainant approached opposite parties and explained the status of crop loss and requested to pay compensation for non-yielding of crop but the opposite parties failed to respond. The complainant approached the Agricultural Officer, Thallada for inspection of the growth of the Black Gram Seeds but he did not turn up. Hence this complaint.
4. The complainant is expected to get 10 bags of Black Grams thus he will get 30 bags of Black Gram from the said land which would cost Rs.3,000/- per bag i.e., 90,000/-. Apart from that the complainant also spent an amount of Rs.10,000/- towards purchase of seeds, manures and other miscellaneous expenses. Hence the complainant is entitled to get an amount of Rs.1,00,000/- towards compensation.
5. Hence, he prayed to the Hon’ble Forum to direct the opposite party to pay an amount of Rs.94,000/- being the deficiency of service and to award damages of Rs.5,000/- for causing pain, suffering and mental agony. To grant any other relief.
6. The complainant filed his affidavit along with the following documents;
Ex A1: Original bill No.955, dated 6-11-06 Black Gram seed variety LBG645, 4KGS, cost of Rs.1,440/-. Ex A2: Xerox copy of Pattadar Pass book bearing No.192650 with pahany. Ex A3:Containg 3 Truthful Lables issued by opposite party No-2 Ex A4: containing 2 photographs of Black gram seed.
7. Opposite party filed the following counter:
The opposite party No-1 is renowned for supplying of genuine seeds to various dealers in Guntur, Krishna, Nizamabad, Nellure, Mahaboob Nagar and Khammam and no complaint was received from any of the dealers or formers so far, either in the germination or in budding stage. If any defect is there within 45 days the same must be brought to the notice to the opposite parties so as to verify and examine any defect if any.
8. It is also an admitted fact that the plants were grown to the required height and cropping was also there as required. But it appears that there was less yielding. The seeds purchased by the complainant required to be sown in one and half acre or two acres, but where in it was sowed in 3 acres. That too as in internal crop in a Mango Garden which ultimately to the knowledge of the opposite parties there was no defect in the seed and due to defect in management practices of the farmer and the quality of land, the atmospheres and the nature, are one way or the other impacts the yielding and as such the opposite parties are not to be found fault with. As per the report of Agricultural Officer and as per the report of Commissioner also there was no comment as such as to the quality of the seed. Unless the seeds are tested with the competent Authority there cannot be any conclusion, as to the defect in the seed. Since the seeds supplied by the opposite parties are genuine, the complainant is not entitled to claim any damage, muchless the damages of Rs.1,00,000/- .
9. Hence , it is prayed that the Hon’ble Forum may be pleased to dismiss the complaint with exemplorary costs, to meet the end of justice.
10. (i)Whether the seeds supplied by the opposite parties are defective?
(ii)Whether the complainant is entitled to compensation as prayed for?
ISSUE NO-(i):
It is the contention of the complainant that he is having 3 Acres of land in and out of Sy.No.248/2 situated at Anjanapuram village. It is also the contention of the complainant that with an intention to raise Black Gram crop he purchased 16 kgs of Black gram seeds from the shop of opposite party No-2 on 6-11-2006 for Rs.1,440/-. To prove his contention the complainant filed original bill which was marked as Ex A1. It is the contention of the complainant that he sowed the said seed in November, 2006 and the plants grown up to the stage of flowering and there was no crop as assured by the opposite parties. This was also informed to the opposite parties and Agricultural Officer, Thallada. But they did not respond.
For this the contention the opposite parties summit that they are renowned for supplying of genuine seeds to various dealers in Guntur, Krishna, Nizamabad, Nellure, Mahaboob Nagar and Khammam and no complaint was received from any of the dealers or formers. It is also the contention of the opposite parties that the plants were grown to the required height and crop was also their . But it appears that there was less yielding. The less yielding caused on so many factors like quality of land, the atmosphere, management practices etc. Hence, the complainant is not entitled to any damages much less Rs.1,00,000/-.
11. The complainant filed I.A.40/07 to appoint an Advocate/Commissioner to examine the crop of the complainant. Accordingly this Hon’ble Forum pleased to appoint an Advocate/Commissioner to inspect the crop in the land of the complainant. The Advocate/Commissioner filed his report along with report of the Mandal Agricultural Officer, Thallada. We have closely gone to the report of the Commissioner and as well as the Agricultural Officer, Thallada. The Mandal Agricultural Officer conducted the crop growing experiment in the presence of complainant as well as opposite parties. As per the report of Mandal Agricultural Officer, Thallada the average yield of Black gram is around 4 quintals per acre and the complainant yield less per acre was 2 quintals -20 kgs. The Advocate/Commissioner also took so many photographs of the crop. The complainant or opposite parties did not file any objections to this report.
12. The main contention of the opposite parties is that to prove defect in seeds. The seeds are to be tested with the competent authority. For this contention we relied on the following decisions reported in CPJ January, 2008 page No.158 (NC).
Consumer Protection Act, 1986 – Section 2(1)(g) – Agriculture – Seeds defective – Prematurity of paddy seeds resulted in unsatisfactory formation of grain – Complaint dismissed by Forum – Order set aside in appeal – Cost of lost paddy crop along with interest awarded – Hence revision – Contention, procedure under section 13, C.P.Act, not adopted by lower For a for getting seeds tested – Contention not acceptable – Farmer cannot be expected to retain any part of high value seed to get it tested in case of unforeseen contingency- Seed producer has some quantity of seed left which they could have got tested – Their failure to perform, has to be held against them – Order of lower For a upheld. [Pg.159(paras 4,5)]
Result: R.P. dismissed.
13. As per the above decision the failure to perform seed test as to be held against them.
14. However the complainant did not file any fertilizer and pesticides receipts. It is also the contention of the complainant that he invested labour charges of Rs.3,000/-.
15. Hence, we are of the considered opinion as per report of M.A.O. the average yield is 4 quintals per acre. But the yield of complainant is short of 2 quintals 20kgs per acre. Total short fall of yield comes to 6 quintals 60kgs the total loss comes to Rs.3000x6.60=19,800/- @ Rs.3,000/- per quintal and also the complainant entitled Rs.3,000/- towards labour charges in total the complainant is entitled Rs.22,800/- towards crop loss and labour charges.
16. Hence, we direct the opposite parties to pay an amount of Rs.22,800/- towards damages of crop and labour charges with 9% interest to the complainant from the date of complaint i.e.,25-1-07 till the date of realization. Accordingly the C.C. is allowed.
Dictated to stenographer, Corrected and pronounced by us, in this Forum on this 20th day of October, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Ex A1: Original bill No.955, dated 6-11-06 Black Gram seed variety LBG645, 4KGS, cost of Rs.1,440/-.
Ex A2: Xerox copy of Pattadar Pass book bearing No.192650 with pahany.
Ex A3:Containing 3 Truthful Lables issued by opposite party No-2
Ex A4: containing 2 photographs of Black gram seed.
President Member Member District Consumers Forum, Khammam
