This C.C coming on before us for final hearing, on 17-12-2007 in the presence of Sri. K.Nageswara Rao, Advocate for Complainant , and in the presence of Sri.A.Sarath Chander, Advocate for the opposite party No-1, and in the presence of Sri.T.Ramesh Babu,Advocate for the opposite party No-2,and in the presence of Sri.A.Sarath Chander, Advocate for the opposite party No- 3; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Smt..V.Vijaya Rekha, 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 as under;
The complainant who is an agriculturist, resident of Ramakrishnapuram village Chinthakani Mandal, Khamamam District, and for doing agriculture the complainant by taking lands on lease to an extent of Ac.3-00gts in Sy.No.392 and the complainant purchased Chilly Seeds from the opposite party No-1 on 23-6-06 vide receipt No.551, for Rs.3,150/- and also purchased Mahyco Tejaswini Chilli Seed on 7-8-2006 vide receipt No.155 for Rs.1,000/-, which was produced and marketed by opposite party No-3 and after taking all precautions and by following directions planted the seedlings in his field to an extent of 3 Acs and the steams of the plants were raised well for 20 days and after that leaves of the plants fallen down, causing stems dry and the chilies also yielded in different colours and as such the complainant approached the opposite parties No-1 & 2 and representatives of the opposite parties inspected the crop, and the opposite parties 1 & 2 promised the complainant to intimate opposite party No-3 about the damage caused, but there is no response from the opposite parties, and the complainant alleges that he suffered huge loss and further stated that he invested Rs.20,000/- per acre towards ploughing fertilizers and pesticides and as such he spent Rs.60,000/- on Ac.3-00 of land . The complainant alleged that due to the defective seeds he lost an yielding of 90 quintals in all and claiming Rs.5,40,000/- towards loss of crop and Rs.50,000/- towards damages and costs.
3. Along with the complaint the complainant filed his affidavit and also filed 3rd party affidavit and the complainant filed (i) Cash Bill dated 23-6-2006 for Rs.3,000/- issued by opposite party No-1(ii) bill dated 7-8-2006 , Rs.1600/- issued by opposite party No-2.(iii) Declaration Certificate issued by Village Secretary(iv) Chilli seed pouches of Mahyco (18 in number).
4. After receipt of notice from this Forum the opposite parties appeared through their counsels and filed counters by denying the allegations leveled against them.
5. The opposite party No-1, in their counter denied the allegation that the crop was damaged due to defective quality of seeds supplied by the opposite parties and the opposite parties are liable to pay damages and further mentioned that, due to heavy rains and heavy moisture in the soils, was affected the rate of yielding and also stated that it cannot be said that the seeds were defective and the damage if any was due to improper care and poor crop management practices and improper conditions of nature etc., are effects the yielding and the opposite party No.1 is only the dealer and the opposite party No.1 is not responsible for the loss of the complainant and as such the opposite party No-1 is not liable to pay any damages and as such prayed to dismiss the complaint.
6. In the counter the opposite party No-2 mentioned that there is no negligence or deficiency on their part and further contended that the burden lies on the complainant to prove any deficiency and the complainant failed to prove the same and moreover did not filed any document regarding the defect in the seeds further the opposite party No-2 contended that the complainant failed to file any scientific report to prove his claim and as such prayed to dismiss the complaint. In the counter the opposite party No-2 further mentioned that the complainant did not send samples of the seeds for analysis as per the procedure laid down u/s 13 (1) of C.P.Act and thus the opposite party No-2 questioned the very maintainability of the complaint and also stated that failure of crop is only due to poor agricultural practices followed by the complainant, and failure to take proper steps for irrigation and use of timely manure, fertilizers, pesticides, insecticides and sprayers. Further the opposite party No-2 contended that as per the reports of scientists the crop has been affected due to Thripts infestation and as per the reports of Scientists of Acharya N.G.Ranga Agricultural University the crop was affected due to infestation of Groundnut Bud Necrosis Virus and Cucumber Mosaic Virus and the same shows that the problem is not due to the quality of seeds, the same was due to infestation of pest and virus and for which they cannot be held responsible. The opposite party No-2 further contended that the Advocate/Commissioner and the M.A.O. did not disclose that the problem was due to defect in the seeds and as such prayed to dismiss the complaint.
7. The Advocate/Commissioner filed his report basing on the report furnished by the M.A.O. and as per the report the crop was attacked by virus and also mentioned other reasons which caused the loss of yielding . The opposite parties No-1 & 3 are filed objections on Advocate/Commissioner Report.
8. Inview of the above submissions made by the both parties now the point for consideration is whether the complainant is entitled to any relief as prayed or not?
9. As seen from the above averments it is the case of the complainant that due to the defective seed supplied by the opposite parties the yielding was affected and claimed damages from the opposite parties. On the other hand it is the contention of the opposite parties that the loss of yielding was not due to defect in the seeds and the same was due to the attack of virus and other reasons. The complainant who approached the Forum for damages by alleging the quantity of seeds, did not filed any proof to show that the seeds are inferior in quality and did not taken any steps to get analyze the seeds in a laboratory and in the absence of any such proof regarding the defect alleged, it is difficult to hold the liability of the opposite parties and, the report of the commissioner/advocate and M.A.O. also did not speaks any thing against the quality of the seeds and moreover as per report the loss of yielding was due to the attack of virus and for other reasons and basing on the report, it cannot proper to hold that the loss of yielding was due to defect in the seeds. Inview of the above discussion this Forum opined that the complainant failed to establish the allegation that the loss sustained by him was due to defective seeds supplied by the opposite parties and as such this point is answered accordingly against the complainant by holding that the complainant is not entitled to the relief sought.
10. In the result the C.C. is dismissed. There is no order as to costs.
Typed to my dictation, Corrected and pronounced by us, in this Forum on this 2nd day of January, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Nil Opposite parties
Nil
President Member Member District Consumers Forum, Khammam
