Karnataka

Chitradurga

CC/185/2018

Rangappa S/o Dodda Nagappa - Complainant(s)

Versus

SV Agro Agencies Represented by its owner Venkatesh - Opp.Party(s)

Sri.R.N.Parthalingappa

31 Jan 2019

ORDER

COMPLAINT FILED ON:27.09.2018

DISPOSED  ON:31.01.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:185/2018

 

DATED:  31^st JANUARY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc., MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT	Rangappa S/o Dodda Nagappa Aged about 51 years, R/o Ganjigatte Village, Pandrahalli post, Chitradurga Taluk.   (Rep by Sri.R.N. Parthalinga, Advocate)
V/S
…..OPPOSITE PARTIES	1. S.V. Agro Agencies, Represented by its Owner by name Venkatesh Major, R/o Mallapp Compound, Near Donthi Agencies, Medehalli road, Chitradurga Town.   2. Takii Seeds, Marketed by Solar Seeds Represented by its Managing Director, 345/2, 2nd Main road, NTY layout, Bengaluru-560026   (Rep by Sri.C.M.Veerana, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.10,50,000/- towards compensation, Rs.1,00,000/- towards mental agony, Rs.2,00,000/- towards loss of income, Rs.15,000/- towards costs and to grant such other reliefs.

2.     The brief facts of the case of the above complainant is that, he is a resident of Ganjigatte village, Pandarahalli Post, Chitradurga Taluk and doing agricultural work by owning land bearing sy.No.182/P8 situated at Godabanahal village, Chitradurga taluk measuring 4-acres 19-guntas and regularly growing carrot crop in his land by using water from the borewell.  It is further submitted that, on 09.06.2018, he purchased Takii 999 seeds of carrot of 18 box bearing lot No.YE74 weighing 100 each and each box price was Rs.1,300/-, in all the complainant has paid Rs.23,400/- under bill No.1522.  The complainant also purchased Takii 999 seeds of carrot of 20 box of lot No.YE-52 each weighing 100 gms for a price of Rs.1,300/-, in all he has paid Rs.26,000/- on 09.06.20168 from OP No.1 vide bill No.1524 and sowing the same in his land bearing sy.No.182/P8 measuring 4-acres 19-guntas on 10.06.2018.  After sowing the said seeds, the complainant has taken all the precautionary measures to get good yield, but surprisingly the complainant came to know that, the yield of carrot crop has been broken in the earlier stage and each carrot has got root over the carrot which was not a worthy for use and for that the complainant has taken photos of the same and has given letter on 01.09.2018 to the Horticulture Department for the loss incurred due to degraded seeds supplied by the OP No.2.  The Horticulture Department, Chitradurga has appointed two Senior Most Horticulture Scientists from Agriculture Science Centre, Hiriyur and Zonal Agriculture and Horticultural Research Centre, Hiriyur, who visited the land of complainant and taken the crop of carrot and given their report on 17.09.2018 stating that, the complainant has loss of crop at 81.63% which was sowed in 4-acres 19-guntas of land.  They have also given report stating that, the cause was not due to any disease and they have given report stating that, the loss of carrot crop is due to degraded seeds which was given by OPs.  It is further submitted that, the complainant was getting 200 to 300 quintals of carrot crop in 4-acres of land and at the time of September 2018, the rate of carrot per KG was Rs.42/-, that means the complainant could get income of Rs.10,50,000/- from 250 quintals.  The complainant has incurred expenses of Rs.4,00,000/- towards sowing, maintenance, fertilizer, purchase of seeds and for coolies towards maintenance of crop.  After deducting the expenses, the complainant could get income of Rs.6,50,000/- for the entire crop.  Due to supply of degraded carrot seeds, the complainant has lost income.  Complainant is doing agricultural work for the purpose of livelihood and also for maintenance of his family, due to failure of carrot crop, the complainant has lost his earnings and also he has lost money towards sowing of carrot crop.  The cause of action for this complaint has arose on 09.06.2018, the date on which the complainant has purchased the carrot seeds from OP No.1 and also on 01.09.2018 the date on which a letter has been given to the Horticulture Department by the complainant and also on 17.09.2018 the day on which report has been given by the Scientist, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.    

3.     On service of notice to the OPs, Sri. C.M. Veeranna, Advocate appeared on behalf of OPs and filed version denying the allegations made in the complaint.   According to the version filed by the OPs, it is submitted that, It is denied that, the complainant regularly sowing the carrot crop in the month of June every year in his land bearing sy.No.182/P8 measuring 4-acres 19-guntas, the same is of 3 months crop and after sowing the carrot seeds, the complainant could received yield within three months.  It is further denied that, the complainant was sowing carrot seeds since from 2003 till this date and regularly, the complainant has purchased carrot seeds of Takii 999 of lot No.YE-74 and YE-52 and getting income regularly.  After the carrot crop, the complainant used to sow maize crop in the said land is not correct and the complainant is put to strict proof of the same.  It is admitted that, on 09.06.2018, the complainant has purchased 18 box Takii 999 seeds of carrot seeds bearing lot No.YE-74 weighing 100 each and the price was Rs.1,300/-each, in all the complainant has paid Rs.23,400/- under bill No.1522.  The complainant also purchased 20 box Takii 999 seeds of carrot of lot No.YE-52 each weighing 100 gms for a price of Rs.1,300/- each, in all he has paid Rs.26,000/- on 09.06.20168 from OP No.1 vide bill No.1524 and sowing the same in his land bearing sy.No.182/P8 measuring 4-acres 19-guntas on 10.06.2018.  It is denied that, after sowing the said seeds, the complainant has taken all the precautionary measures to get good yield, but surprisingly the complainant came to know that, the yield of carrot crop has been broken in the earlier stage and each carrot has got root over the carrot which was not a worthy for use and for that the complainant has taken photos of the same and has given letter on 01.09.2018 to the Horticulture Department for the loss incurred due to degraded seeds supplied by the OP No.2.  It is also denied that, the Horticulture Department, Chitradurga has appointed two Senior Most Horticulture Scientists from Agriculture Science Centre, Hiriyur and Zonal Agriculture and Horticultural Research Centre, Hiriyur, who visited the land of complainant and taken the crop of carrot and given their report on 17.09.2018 stating that, the complainant has loss of crop at 81.63% which was sowed in 4-acres 19-guntas of land, they have also given report stating that, the cause was not due to any disease and they have given report stating that, the loss of carrot crop is due to degraded seeds which was given by OPs.  It is further denied that, the complainant was getting 200 to 300 quintals of carrot crop in 4-acres of land and at the time of September 2018, the rate of carrot per KG was Rs.42/-, that means the complainant could get income of Rs.10,50,000/- from 250 quintals and the complainant has incurred expenses of Rs.4,00,000/- towards sowing, maintenance, fertilizer, purchase of seeds and for coolies towards maintenance of crop.  After deducting the expenses, the complainant could get income of Rs.6,50,000/- for the entire crop and the same is put to strict proof of the same.  It is further denied that, due to supply of degraded carrot seeds by the OPs, the complainant has lost income and also he has lost the expenses incurred towards growing of carrot crop.  The OPs have not committed any deficiency of services and therefore, the complaint is liable to be dismissed.

4.     Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 got marked.  OP No.1 has examined one Sri. Venkatesh, the Proprietor as DW-1 by filing affidavit and not produced any documents to disprove the case of complainant and closed its side.

5.     Arguments heard.

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service by supplying degraded carrot crop to him and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is case of the complainants that, the complainant is the absolute owner of land bearing sy.No.182/P8 measuring 4-acres, 19-guntas situated at Godabanal village, Kasaba Hobli, Chitradurga Taluk.  The complainant is regularly growing carrot crop in the month of June every year, the said crop is of 3 months since from 2003.  After sowing the seeds, he could get yield within three months.  The complainant has purchased carrot seeds of Takii 999 of lot No.YE-74 and YE-52 and getting regular income from the carrot crop.  As per the documents produced by the complainant i.e., Ex.A-2, on 09.06.2018 and 10.06.2018 vide Bill Nos. 1522 and 1524, the complainant has purchased the Takii 999 seeds by paying Rs.34,320/- and 33920/- respectively from OP No.1 and sowed the same in his above land.  After sowing the said seeds, the complainant has taken all the prescribed precautionary measures, which has to be taken to get good yield of the crop.  But surprisingly, the complainant came to know that, the yield of carrot crop has been broken at the earlier stage and root over the carrot which was not a worthy for use and for that the complainant has taken photos of the carrot crop and he has also given letter to the Horticulture Department on 01.09.2018 for the loss incurred by him due to the supply of degraded carrot seeds by the OPs.  The Horticulture Department, Chitradurga has appointed two Senior Most Horticulture Scientists from Agriculture Science Centre, Hiriyur and Zonal Agriculture and Horticultural Research Centre, Hiriyur, who visited the land of complainant and taken the crop of carrot and given their report on 17.09.2018 stating that, the complainant has loss of crop at 81.63% which was sowed in 4-acres 19-guntas of land.  They have also given report on 17.09.2018 stating that, the cause was not due to any disease and they have given report stating that, the loss of carrot crop is due to degraded seeds which was given by OPs.  It is argued by the complainant that, he is getting 200 to 300 quintals of carrot crop in 4-acres of land and at the time of September 2018, the rate of carrot per KG was Rs.42/-, that means the complainant could get income of Rs.10,50,000/-, if the crop will be at his expectation.  The complainant has incurred expenses of Rs.4,00,000/- towards sowing, maintenance, fertilizer, purchase of seeds and for coolies towards maintenance of crop.  As per the documents produced by the complainant clearly shows that the complainant has incurred loss of nearly Rs.10,50,000/- for the degraded carrot seeds supplied by the OPs and the entirely is depending upon the earnings obtained from the above said land.  The OPs have taken a contention that, the complainant has not properly maintained the crop and they have not taken proper precautionary measures in sowing the carrot seeds.  The arguments advanced by the Advocate for complainant that, the complainant has suffered lot of financial loss and mental agony due to supply of sub-standard/degraded seeds to him.  The documents produced by the complainant clearly shows that, the complainant has purchased the carrot seeds from OP No.1, manufactured by OP No.2.  Further the Ex.A-9 to A-12 clearly shows that, the complainant has requested the Horticulture Department to come and verify the carrot crop grown in his land.  In turn the Horticulture Department has appointed the Senior Most Scientists of Horticulture Research Centre, Hiriyur the Scientists have visited the land and given a report.  As per the report submitted by the Scientists, it clearly shows that the OPs have supplied the degraded carrot seeds to the complainant and further they have given report that the complainant has suffered loss of crop nearly 81.63% due to supply of defective seeds, which is a deficiency of service on the part of OPs.  

9.     We have gone through the entire documents filed by the complainant and further there is no dispute between the parties that, the complainant has purchased the carrot seeds from the OPs and sowed the same in his land bearing sy.No.182/P8 measuring 4-acres 19-guntas situated at Godabanal village, Chitradurga Taluk.  As per the documents, it clearly shows that the complainant has purchased the same from OP No.1, manufactured by OP No.2.  After sowing the said seeds in his land, the yield was good, but the carrot crop was broken at the earlier stage and the same was not worthy for use and for that, the complainant has taken photo of the same.  As per the report given by the Scientists, the failure of crop is due to degraded crop supplied by the OPs, for that, the complainant has suffered lot of financial loss and mental agony.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

 

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP No.1 is hereby directed to pay a sum of Rs.9,50,000/- to the complainant towards loss of carrot crop grown in the land of complainant in sy.No.182/P8 measuring 4-acres 19-guntas of Godabanal village along with interest @ 9% p.a from the date of purchase of carrot seeds i.e., on 09.06.2018 and 09.07.2018 respectively till realization.  In turn the OP No.1 has a right to recover the above said amount from the OP No.2 by filing necessary application in due course of law.  

Further it is ordered that, the OP No.1 is hereby directed to pay a sum of Rs.5,000/- towards mental agony and Rs.5,000/- costs of the proceedings.

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Lady Member after the correction of the draft on 31/01/2019 and it is pronounced in the open Court after our signatures)     

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:-Sri. Venkatesh, the Proprietor of OP No.1 by way of affidavit evidence.  

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Adhar Card of complainant
02	Ex-A-2 and 3:-	Bill Nos.1522 and 1524 dated 09.06.2018
03	Ex-A-4:-	Letter to Director of Horticulture dated 01.09.2018
04	Ex-A-5:-	Report dated 17.09.2018
05	Ex-A-6:-	Land survey report
06	Ex-A-7:-	Sand Test report
07	Ex-A-8:-	RTC Extract
08	Ex-A-9:-	11 Photos
09	Ex-A-10:-	Vijayavani news paper dated 09.09.2018

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**