COMPLAINT FILED ON:23.02.2016

DISPOSED      ON:08.11.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO: 19/2016

DATED:  8^th NOVEMBER 2016

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

                   SRI.N. THIPPESWAMY                MEMBER

                                         B.A., LL.B.,                   

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 compensation of Rs.2,00,000/- with interest at 12% p.a, Rs.930/- towards cost of the cotton seeds, cost and such other reliefs.

2.      The brief facts of the case of the above complainant are that, he is the agriculturist by profession, owning and possessing agricultural land to the extent of 1-Acre 17-Guntas bearing Sy.No.13/1 situated at Jalikatte village.  OP No.1 is the manufacturer and producer of cotton seeds and doing the business under the name and style as M/s Bayer Cotton Seeds and OP No.2 is the dealer of the products manufactured by OP No.1.  Being an advertisement and at the instance given by the OPs about the Cotton Seeds purchased 1 pocket of Bayer Cotton Seeds containing 450 gms from OP No.2 by paying Rs.930/- on 21.06.2015.    At the time of purchasing the said seeds, OPs told that, the said cotton seeds are very good seeds and they will give good yield to the farmers.  Complainant sown the said seeds in his agricultural land bearing Sy.No.13/1.  After sowing the said seeds, complainant has given good fertilizer, pesticides and taken necessary steps from time to time as recommended by the OPs.  After 3 ½ months, complainant learnt that, there was a problem in the crop like premature bolting, cotton bulbs, splitting, low bulb yield.  Complainant informed about the same to Assistant Director of Agriculture, Chitradurga.   The team of Scientist visited the land of complainant and submitted a report stating that, 75% of the crop was not bulbing and yielding.  In enquiry, it was found that, improper yielding of the cotton crop was due to the low quality of cotton seeds provided by the OP No.1 and the OP No.2 has sold sub-standard seeds to the complainant and complainant has got only 1 quintal of cotton, for which the complainant has suffered loss to the tune of Rs.2,00,000/-.  Complainant is knowing full well about the management practice of the cotton crop and his land is fertile and having good soil for growing cotton crop.  OPs have manufactured defective and substandard cotton seeds and sold the same to the complainant, which is deficiency of service by supplying the defective seeds and so this complaint has been filed for the above said reliefs and etc., and prayed for allowing the complaint. 

3.      On service of notice OP No.1 appeared through Sri. K.S. Vijaya, Advocate and filed version stating that, OP No.1 is the manufacturer and producer of cotton seeds and doing business under the name and style of M/s Bayer Cotton Seeds and OP No.2 is the dealer of the product manufactured by OP No.1.   It is stated that, OPs have given an advertisement about the above said cotton seeds manufactured and produced by them.  It is further submitted that, OP No.2 informed the OP No.1 that, it has never sold any cotton seeds as stated in complaint.  As per the bill issued by the OP No.2, it has sold Dhanno BG 2 cotton L No.R451800054 on 21.06.2015 for Rs.930/-.  It is further submitted that, after purchase of the said seeds, complainant never approached the OPs for any aspects regarding development and maintenance of the crop.  It is further submitted that, OPs are the recognized for production of good quality of seeds and till today, they have not received any complaint from anybody so, it clearly shows that, complainant with a malafide intention to grab money this complaint has been filed.  OP No.2 has sold about 500 pockets of Dhanno BG 2 Cotton Seeds in and around Chitradurga Taluk weighting 450 grms for Rs.930/- each and the said seeds yielded nearly 12-16 quintals per acre and some farmers nearby Chitradurga have got more than 50 quintals per acre.  It is further submitted that, there are so many environmental factors which controls the yield and it also depends on the maintenance of crop.  It is submitted that, OP No.1 enquired with the OP No.2 and with the Agricultural Department, it came to know that, there is low cotton bowl formation in the cotton crop is not due to any defects in the seeds.  It is further submitted that, the seeds production and their quality was checked and controlled at various stages by experts.  It is further submitted that, in the report given by the Agricultural Science, Bubbur never stated that, the cotton seeds of the above company are low quality and decrease in yielding due to low quality seeds.  The Agricultural Officers and Scientists who inspected the land of complainant gives the report about the condition of crop and maintenance of the field by the complainant and the report is not revealed any sy. number, where they inspected and the name of cotton hybrid variety.  It is further submitted that, the report of the committee Dr. N. Onkarappa, Officer of plant protection and Scientist of Krishi Vignana Kendra, Babbur, clearly mentioned the date of inspection of the field on 12.12.2015 i.e., after complaint received from complainant on 17.10.2015 which almost completion of season.  It is false to state that, complainant has suffered heavy loss of Rs.2,00,000/- from 1 acre.  Therefore, the are not liable to pay any damages to the complainant as alleged and therefore, there is no deficiency of service on its part and prayed for dismissal of the complaint.

4.      OP No.2 appeared through Sri. Umesh Babu, Advocate and filed version stating that, it is not the producer of said cotton seeds and there is no problem in seed germination.  It has not canvassed anything about the yield and income and he sells only the seeds which the customers ask or demands.  It has purchased the said cotton seeds from OP No.1 with bill and tax invoice and sold the same to the complainant with bill and there is no any fraud or illegality in the selling the cotton seeds.  It is not responsible for the yield and there are so many environmental factors which controls the yield and it also depends on the maintenance of crop and field by mannuring, weeding and pesticides including ploughing.  As per its knowledge, there are no such problems found in the cotton crop that premature bolting, cotton bulbs, splitting and low bulb yield.  It has enquired with the Agriculture Department and came to know from the report dated 12.12.2015 that, the complainant cotton crop is affected by sucking pests, weeds and bad management for which low cotton bowl formation in the cotton crop and not due to any defects in the seeds.  The cotton seeds were checked at various stages by Scientists and Experts of the company, if any problem arises in the seeds and crops, the company is solely responsible for that but, there is no problem in the seeds.  The report of the Agricultural Sciences, Babbur never stated that the cotton seeds of the above said company are low quality and decrease in the yield due to low quality seeds, therefore, OPs are not responsible for the low yield and it is false to state that, complainant has suffered loss to the tune of Rs.2,00,000/- for one acre.  The complainant is solely responsible for low yield or income if any due to his bad and negligent agricultural practice and this OP No.2 has not committed any deficiency of service or unfair trade practice and it is not liable to pay any compensation and prayed for dismissal of the complaint.      

5.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked. On behalf of OP No.1 Sri. Rudragouda Palakshgouda Nadagouda, Senior Regional Manager has examined as DW-1 by filing the affidavit evidence and on behalf of OP No.2 one Sri. Sudarshan Reddy has examined as DW-2 by filing the affidavit evidence and no documents have been got marked.   

6.      Arguments of both sides heard.

7.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the cotton seeds purchased by him from the OPs are defective and he has suffered loss and thereby OPs have committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

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

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

9.      It is not in dispute that, OPs 1 and 2 are the dealer and manufacturer of cotton Seeds and at their instance, in order to get good yield and with an intention to get income, the complainant has purchased 1 pocket of Bayer Cotton Seeds from OP No.2 by paying Rs.930/- weighing 450 gms through cash bill No.50413 on 21.06.2015 and sown the said seeds in his agricultural land bearing Sy.No.13/1 of Jalikatte village, Chitradurga Taluk.  Complainant argued that he has given good fertilizers, pesticides and taken necessary steps from time to time as recommended by the OPs but, the germination of the above seeds were very poor and there is no yield of cotton crop as there was a defects and problems in the said seeds as they were very low quality.  Complainant informed about the same to Assistant Director of Agriculture, Chitradurga.   The Scientists visited the land of complainant and submitted a report stating that, 75% of the crop is not bulbing and yielding and found that, improper yielding of the cotton crop was due to the low quality of cotton seeds provided by the OP No.1 and the OP No.2 has sold sub-standard seeds to the complainant and complainant has got only 1 quintal of cotton, for which the complainant has suffered heavy loss.  He  knows fully well about the management practice of the cotton crop and his land is fertile and having good soil for growing cotton crop, OPs have manufactured defective and substandard cotton seeds and sold the same to the complainant, which is deficiency of service by supplying the defective seeds. Scientists have inspected the land and crop of the complainant and told that the crops failed for so many reasons.  So, the OPs have committed deficiency of service by supplying the defective seeds and prayed for allowing the complaint. 

 10.   In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like original cash Bill No.50413 for having purchased cotton seeds dated 21.06.2015 marked as Ex.A-1, letter dated 18.12.2015 by the Assistant Director of Agriculture, Chirtadurga to the complainant marked as Ex.A-2, Report of Scientists dated 12.12.2015 marked as Ex.A-3, letter by the complainant to Assistant Director of Agriculture, Chirtadurga marked as Ex.A-4, R of R marked as Ex.A-5, legal notice dated 16.01.2016 marked as Ex.A-6, Reply notice dated 09.02.2016 marked as Ex.A-7, Postal receipts and postal acknowledgement marked as Ex.A-8, Returned Postal cover marked as Ex.A-9.

   11.           On the other hand, it is argued by the OPs that, they are the dealer and manufacturer of cotton seeds.  OPs have given an advertisement about the above said cotton seeds manufactured and produced by them.  OP No.2 informed the OP No.1 that, it has never sold any cotton seeds as stated in complaint.  As per the bill issued by the OP No.2, it has sold Dhanno BG 2 cotton L No.R451800054 on 21.06.2015 for Rs.930/-.  After purchase of the said seeds, complainant never approached the OPs for any aspects regarding development and maintenance of the crop.  Till today, they have not received any complaint from anybody so, it clearly shows that, complainant with a malafide intention to grab money this complaint has been filed.  OP No.2 has sold about 500 pockets of Dhanno BG 2 Cotton Seeds in and around Chitradurga Taluk weighting 450 grms for Rs.930/- each and the said seeds yielded nearly 12-16 quintals per acre and some farmers nearby Chitradurga have got more than 50 quintals per acre.  There are so many environmental factors which controls the yield and it also depends on the maintenance of crop.  OP No.1 enquired with the OP No.2 and with the Agricultural Department, it came to know that, there is low cotton bowl formation in the cotton crop is not due to any defects in the seeds.  Before releasing the seeds to the market for selling, the seeds production and their quality was checked and controlled at various stages by experts.  In the report given by the Agricultural Science, Bubbur never stated that, the cotton seeds of the above company are low quality and decrease in yielding due to low quality seeds.  The Agricultural Officers and Scientists who inspected the land of complainant gives the report about the condition of crop and maintenance of the field by the complainant and the report is not revealed any sy. number, where they inspected and the name of cotton hybrid variety.  The report of the committee Dr. N. Onkarappa, Officer of plant protection and Scientist of Krishi Vignana Kendra, Babbur, clearly mentioned the date of inspection of the field on 12.12.2015 i.e., after complaint received from complainant on 17.10.2015 which almost completion of season.  Therefore, the are not liable to pay any damages to the complainant as alleged and therefore, there is no deficiency of service on its part and prayed for dismissal of the complaint.

12.    OP No.2 argued that, it is not the producer of said cotton seeds and there is no problem in seed germination.  It has not canvassed anything about the yield and income and he sells only the seeds which the customers ask or demands.  It has purchased the said cotton seeds from OP No.1 with bill and tax invoice and sold the same to the complainant with bill and there is no any fraud or illegality in the selling the cotton seeds and it is not responsible for the yield and there are so many environmental factors which controls the yield and it also depends on the maintenance of crop and field.  There are no such problems found in the cotton crop and it has enquired with the Agriculture Department and came to know from the report dated 12.12.2015 that, the complainant cotton crop is affected by sucking pests, weeds and bad management for which low cotton bowl formation in the cotton crop and not due to any defects in the seeds.  The cotton seeds were checked at various stages by Scientists and Experts of the and there is no problem in the seeds.  The report of the Agricultural Sciences, Babbur never stated anything about the cotton seeds of the above said company are low quality and decrease in the yield due to low quality seeds, therefore, OPs are not responsible for the low yield and complainant is solely responsible for low yield or income if any due to his bad and negligent agricultural practice.

   13.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant has purchased 1 pocket of Bayer Cotton Seeds from OP No.2 by paying Rs.930/- through Bill No.50413 on 21.06.2015 and sown the said seeds in his agricultural land bearing Sy.No.13/1 of Jalikatte village and has given good fertilizer, pesticides and taken necessary steps from time to time as recommended by the OPs but, the above seeds were very poor and there is no yield of cotton crop as there was a defects and problems in the said seeds as they were very low quality.  Inspite of his best efforts and careful supervision, the cotton seeds did not give good yield and there was very less against the assurance given by the OPs. The complainants approached the Agriculture Department who visited the land of the complainant and the Scientists of Babbur Krishi Vignana Kendra opined that there was shortage of 75% in formation of bulb and 30% of pests were found in the leaves.  Therefore, we come to the conclusion that, the complainant has spent huge money for getting seeds, cultivation of land, pesticides, fertilizer etc., because of supply of defective seeds, the crop failed and complainant suffered mental agony and financial loss.  The complainant has prayed for awarding compensation of Rs.2,00,000/- as a compensation for mental agony, harassment, financial loss etc., for the act of the OPs in supplying the defective seeds.   Considering the facts and circumstances of the case, we feel that, it is just and proper to award  Rs.75,000/-,  Rs.10,000/- towards compensation and Rs.5,000/- being the costs of the proceedings.  With this, we answer Point No.1 partly in the Affirmative. 

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

ORDER

It is ordered that, the above complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is further ordered that, the OPs are hereby directed to pay a sum of Rs.75,000/- to the complainant with interest at the rate of 12% p.a from the date of filing of the complaint till realization. 

It is further ordered that, the OPs are hereby  directed to pay Rs.10,000/- towards compensation and Rs.5,000/- towards costs of this proceeding. 

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 Member after the correction of the draft on 08/11/2016 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:  Senior Regional Manager of OP 1 by way of affidavit evidence. 

DW-2: Sudarshan Reddy, Proprietor of OP 2 by way of affidavit evidence. 

Documents marked on behalf of Complainant:

Documents marked on behalf of OPs:

-Nil-

MEMBER                                                            PRESIDENT

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