NCDRC

NCDRC

RP/1510/2010

MAHARASHTRA HYBRID SEEDS CO. LTD. - Complainant(s)

Versus

SUBHASH PITAMBAR BORSE & ANR. - Opp.Party(s)

MR. SATYAJIT A. DESAI

11 Jan 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1509 OF 2010
 
(Against the Order dated 02/12/2009 in Appeal No. 1442/2005 of the State Commission Maharastra)
1. MAHARASHTRA HYBRID SEEDS CO. LTD.
4th Floor, Resham Bhavan, 78, Veer Raniman Road
Mumbai - 400020
Maharashtra
...........Petitioner(s)
Versus 
1. ARUN JAGANNATH BORSE & ANR.
R/o. Winchur, Tq. Dhule
Dhule
Maharashtra
2. TIRUPATI KRUSHI SEVA KENDRA
Gorak Market, Barafhattar
Dhule
Maharashtra
...........Respondent(s)
REVISION PETITION NO. 1510 OF 2010
 
(Against the Order dated 02/12/2009 in Appeal No. 1441/2005 of the State Commission Maharastra)
1. MAHARASHTRA HYBRID SEEDS CO. LTD.
4th Floor, Resham Bhavan, 78, Veer Nariman Road
Mumbai - 400020
Maharashtra
...........Petitioner(s)
Versus 
1. SUBHASH PITAMBAR BORSE & ANR.
R/o. Winchur, Tq. Dhule
Dhule
Maharashtra
2. TIRUPATI KRUSHI SEVA KENDRA
Gorak Market, Barafhattar
Dhule
Maharashtra
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 11 Jan 2011
ORDER

This order shall dispose of the aforementioned two Revision Petitions as the facts and the law point involved is the same.  We are taking the facts from Revision Petition No.1509/2010.

          Complainant/respondent is an agriculturist by profession.  He purchased cotton seeds of the lot Chamatkar 222, 223 on 12.6.2002 for Rs.400/- and sowed then in his field measuring 60 R.  It was found that the germination of the seeds was not proper and not as per expectation.  On being approached in this regard, the petitioner did not give any response.  Complainant approached the District Seeds Grievance Committee, Dhule.  The Committee visited the field and gave report that only 40% seeds had germinated.  After issuing legal notice to the petitioner, complaint was filed before the District Forum demanding Rs.1,10,000/- and interest at the rate of 24% as compensation in total. 

          District Forum allowed the complaint and directed the petitioner and Respondent No.2 to pay jointly and severally a compensation of Rs.20,000/- and costs of Rs.1,000/- within one month of the receipt of the order failing which the petitioner and Respondent No.2 were liable to pay jointly and severally interest at the rate of 7% on the awarded amount.

          Petitioner, being aggrieved, filed appeal before the State Commission. 

          State Commission dismissed the appeal by observing that it is on record that Agricultural Officer, Zila Parishad, Dhule issued Notice to the seed company and its dealer.  Representatives of both were present at the time of inspection.  The report of Seed Grievance Committee clearly mentioned that germination should be 100% but in the instant case, the germination was only 40%.  The conclusion arrived at by the Committee was in the presence of the representative of the company and the dealer.  Petitioner did not apply before the District Forum for sending the seeds for testing to a laboratory.  No report of any expert regarding genuineness or purity of seeds was filed by the petitioner to counter the report of the Seeds Grievance Committee.  District ADO, who had filed an affidavit before the District Forum that germination was only 38%, was not cross-examined by the petitioner.  The petitioner did not challenge the findings of the Committee.  On these findings, the State Commission came to the conclusion that the District Forum had rightly considered all the facts on record and directed the petitioner to pay the sum of Rs.20,000/-. 

Although something can be said in favour of the petitioner, but since the amount involved is very small, we decline to interfere with the impugned order.  Decision given by the State Commission be not taken as precedent for future reference.

          Petitioner is directed to pay the sum of Rs.20,000/- within four weeks from today. 

Petitioner has deposited 50% of the awarded amount before the District Forum.  District Forum is directed to release the said amount in favour of the complainants along with interest, if any.  Petitioner is directed to pay the balance amount to the respondent within 4 weeks without any interest.

Revision Petitions are disposed of in above terms.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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