NCDRC

NCDRC

RP/3927/2009

GREEN GOLD SEEDS LTD. - Complainant(s)

Versus

SURESHKUMAR KANHAIYALAL DAGADE - Opp.Party(s)

MR. M.Y. DESHMUKH

12 Jan 2010

ORDER

Date of Filing: 21 Oct 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/3927/2009
(Against the Order dated 29/06/2009 in Appeal No. 2605/2005 of the State Commission Maharastra)
1. GREEN GOLD SEEDS LTD.Gut.No.65. narayanpur Shivar.Tq Gangapura Distt Aurangabad ...........Appellant(s)

Vs.
1. SURESHKUMAR KANHAIYALAL DAGADER/o. Deogaon Present R/o. Shariramnagar Lasalgaon Nsdhik ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :MR. M.Y. DESHMUKH
For the Respondent :NEMO

Dated : 12 Jan 2010
ORDER

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          Delay of 24 days in filing the revision petition is condoned.

          Petitioner was the opposite party before the District Forum.

          Respondent/complainant had purchased 10 kg onion seeds at the rate of Rs.600/- per kg from the respondent No.2 who is the dealer of the petitioner.  At the time of re-plantation, the complainant found that the variety of the seeds was of admixture quality and

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approached the respondent No.2.  Respondent No.2 assured him that the crop would be proper.  Later on, the complainant found that crop of onion was not of good quality.  The complainant approached the Seeds Grievance Officer, Tahasildar and Quality Control Inspector who directed him to approach the Agriculture Development Officer.  The Quality Control Officer visited the field and found that the seeds were not of good quality.  Agriculture Development Officer inspected the field and submitted a report dated 07.5.2005 mentioning that the seeds were adulterated and there was no effect of weather or quality of land on the yield of onion.  Thereafter, the complainant filed a complaint before the District Forum.

          District Forum allowed the complaint and directed the petitioner to pay a sum of Rs.90,000/-.  Dealer was directed to pay a sum of Rs.6,000/- towards the price of the onion seeds.  Rs.2,000/- were awarded for mental agony and Rs.1,000/- each towards costs.

          Being aggrieved, opposite parties filed an appeal before the State Commission which has been dismissed by the impugned order with costs of Rs.1,000/-.

 

 

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            The finding recorded by the fora below is a finding of fact based on the opinion of the Tahsildar and Quality Control Officer as well as the Agriculture Development Officer.  No material has been brought on record to show to the contrary.  Dismissed.  No costs.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER