Order No. -18 Dt.-18/03/2015
Shri Asoke Kumar Das,President
Case record is placed before me for passing final order.
Seen and perused the petition of complaint and the W/V filed by the O.P.
Complainant’s case in short is that he is is a petty peasant and he purchased 5 and 1/2 packets of potato seeds containing 50 in each packet on 7/12/2013 and on 10/12/2013 from the O.P. on payment of Rs.9800/- and those potato seeds were of best quality, germs free and sourced from trusted vendors as told by the O.P. The complainant prepared lands for potato cultivation and sowed the said potato seeds within 3-4 days of purchase. The O.,P. Assured the complainant that the seeds he purchased would yield/produce not less than 10 bags of saleable potato per bigha of land and the profit was calculated (200 bags i.e. 10,000 kgs multiply Rs.8/- per kgs on field) about Rs. 80,000/-. But within one month the complainant noticed that some of the plant started wilting and soon thereafter many plant started wilting. So the complainant sought for advice from Unisbisha K.P.S. Dr. Asok Saha, Associate professor of Agronomy, Uttar Banga Krishi Vishwavidyalaya , Pundibari, Coochbehar visited the field of the complainant and some others and gave a detailed written report to the effect that the cause of wilting of potato plants was seed borne disease of bacterial wilt and the complainant had to incur cost of Rs.5000/- for the remedy suggested. The complainant has yielded only 20 bags potato per bigha. The complainant told this matter to O.P. And asked him to bear the loss with him but the O.P. refused the proposal. According to the complainant the O.P. has adopted Unfair Trade Practice by deceitful selling bad potato seeds to the complainant. Hence this case.
The complainant has prayed for Rs.199800/- in total for price paid to O.P. for potato seeds , Unfair Trade Practice by O.P., compensation, cost of litigation etc.
The O.P. Has contested the case by filing a W/V denying and disputing the claims and contention of the complainant.
The specific stand of the O.P. is that the complainant is not a consumer as per provision of C.P.Act 1986 which is apparent from complainant’s avertment in paragraph 9 of the petition of complaint and that the complainant had not referred the matter to the expert for opinion and sample was not collected by the complainant for laboratory test. Under the backdrop the .P. Has prayed for dismissal of this case.
POINTS FOR CONSIDERATION:-
- Is the case maintainable both law & fact?
- Is the complainant a consumer as per provision of the C.P.Act 1986?
- Is the O.P. guilty for Unfair Trade Practice as alleged?
- Is the complainant entitled to the reliefs as prayer for?
DECISION WITH REASONS
All points are taken up together for consideration and decision.
Seen and perused the pleading of both the parties which are supported by Affidavits and the documents annexed and filed by both the parties.
Now after due consideration of the arguments of Ld. Lawyers of both sides, the written arguments filed by the parties and the material on record, we find that admittedly the complainant had not collected the sample of the wilted potato seeds for chemical examination of the same to ascertain the cause of wilting of the potato plants grown up from the potato seeds purchased by the complainant from the O.P. Admittedly no expert opinion was obtained by the complainant regarding cause of his Wilting potato plants. It is coming out from the petition of complaint and documents filed by the complainant that alleged potato seeds were purchased by the complainant on 07/12/2013 and 10/12/2013 and the complainant had sowed those potato seeds after 3/4 day. The complainant has no where stated in his petition of complaint as to how and by which mode these potato seeds were preserved by him in between the date of purchase and date of sowing those seeds.
Now from paragraphs 6 and 9 of the petition of complaint we find that the complainant purchased huge quality if potato seeds for commercial purpose. There is no whisper ‘in the front corner of the petition of complaint that the complainant purchased the said potato seeds for producing(huge quality) saleable potato exclusively for the purpose of earning his livelihood by means of self -employment . Therefore we have no doubt that the complainant purchased the said huge amount of potato seeds for yielding huge quality of saleable potatoes for commercial purpose. Therefore the complainant cannot be said to be a consumer as per provision of C.P.Act 1986.
In this view of the matter we find and hold that the complainant is not a consumer as per provision of the C.P.Act 1986 and as such this case is not maintainable and accordingly the question as to whether the O.P. Is guilty for deficiency in service and for Unfair Trade Practice as alleged by the complainant do not arise at all and the complainant is not entitled to any reliefs in this case.
All points are disposed of accordingly.
In the result the case fails.
Hence, it is
O R D E R E D
that the case/ application fails on contest but in the circumstances we make no order as to cost.
Let a plain copy of this order be supplied to the parties free of cost forthwith as per provision of Consumer Protection Act,1986.