Karnataka

Chitradurga

CC/10/2021

Sri.Hanumanthappa.H.K S/o Late Kenchappa - Complainant(s)

Versus

The Authorized Signatory,Sri Anjenaya Traders. - Opp.Party(s)

Sri.P.S.Sathyanarayanarao

19 May 2022

ORDER

                                   Filed On:  29/01/2021.

                             Disposed  On: 19/05/2022.

 

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION AT CHITRADURGA

 

CC No: 10/2021

Dated:19th  May-2022

 

PRESENT:- Sri.M.I.Shigli, PRESIDENT

                    B.A., LL.M

  Smt.B.H. YASHODA, LADY MEMBER

                   B.A. LL.B

                Sri. G.SREEPATHI, MEMBER

                          B.Com. LL.B  

                                  

COMPLAINANT/s:-	Hanumanthappa H.K. S/o.Late Kenchappa, Aged about 37 years, Agriculturist, Near Devarahally Bus-Stand, Devarahally Village, Channagiri Taluk, Davanagere District. Now Residing at: Hireyemmiganur Village, B.Durga Hobli, Holalkere Taluk   (by Sri.P.S.Sathyanarayana Rao, Adv)
OPPOSITE PARTIES :-	The Authorised Signatory, Sri Anjaneya Traders, Dealers in Seeds, Kamanahally Village, Holalkere Taluk, Chitradurga Dist.   The Authorised Signatory, PHI Seeds Pvt. LTd., The V-Ascendas, Aria Block, 12th Floor, Plot No.17, Software Unit Lay-Out, Madhapur, Hyderabad-500100 Telangana, India. (Opponent No.1 and 2 Exparte)

 

ORDER

 

By Smt.B.H.Yashoda, LADY MEMBER 

 

 

        The above complaint has been filed by the complainant Under Section 35 of Consumer Protection Act-2019 for seeking the relief of directions to the opponents to pay Rs.4.8 lakhs in total towards compensation for loss of crops, damages, loss of energy and time, sufferings from mental agony and pain to the complainant and cost of proceedings etc., from the date of filing the complaint till its realization and such other reliefs as this Hon’ble Commission deems fit to grant under the circumstances of the case in the interest of justice.

 

The brief facts of the complaint :-

2)     The complainant is an agriculturist by owning and possessing the agricultural land in Sy.No.66 measuring 5 acres 13 guntas at Hireyemmiganur Village, Holalkere Taluk, Chitradurga District, the opponents have gave advertisement about the Maize Seeds manufactured and produced by them are giving good yield. Further the opponents have told the complainant that other farmers of the same locality that the Maize Seeds which are manufactured and produced by them and are very good seeds, nearly 30 to 40 quintals per acre yield to be come up.  At the instance of the same, in order to get good yield that on 24.06.2019, the complainant has purchased 9 Nos. of packets each packet contains 4 kgs and value of each packet is Rs.1,390/- (M.R.P.1600-00). As such the complainant became the consumer of the opponents.

3)     Further, the complainant has sown the maize seeds in an area of 5 acres 13 guntas of land situated at Hireyemmiganur village, B.Durga Hobli, Holalkere Taluk, after purchasing the maize seeds in the 4^th week of June 2019. The complainant has also stated that he has given the fertilizers, pesticides, insecticides and water in time as recommended by the opponent No.1. The complainant has got sufficient water facility in his lands. The complainant has incurred expenditure towards kottige manure, coolie, kunte charges, for salu, 9 packets seeds, DAP/1, 2 packets Urea/Potash, sowing of seeds, spraying of pesticides which costs nearly Rs.10,000/- per acre complainant stated to have spent Rs.30,000-00 towards above expenses, totally amounting to Rs.1.50 lakhs for cultivation.

4)     Further, the complainant has stated that after lapse of some weeks, the germination of the above seeds was very poor, later on formation of the bulb was also poor in the crop of maize, there was a problem of pre-mature bolting maize not sprouting properly and not upto standard, low yield and less qualities. On inquiry, it is found that improper yield of maize is due to the low quality of maize seeds produced by Opponent No.2 company.

5)     Further, in continuation of his claim the complainant stated that the complainant and other farmers by suspecting the defects in maize seeds, complainant and others have approached the concerned Assistant Director of Agriculture, Agriculture Department, Holalkere by filing complaint/application on 16.10.2019, about the low yield and ununiform development of maize. In turn, on 28.11.2019, the concerned Assistant Director of Research, ZAHRS, Babbur Farm, Hiriyur have written a letter to the Joint Director of Agriculture, Agriculture Department, Chitradurga,   (Annexure-5) along with diagnostic field visit report of Maize plots of complainant by opinion that nearly 85-90% crops will be failed due to non-sprouting of bulbs. Agriculture Department have visited complainant’s lands and other farmers lands. After inspection, they told the complainant and other farmers that the crops is failed because of sub-standard and defective maize seeds supplied by the dealer and they further stated that the complainant has to inform about the failure of maize crops to the Scientists. The scientists from the Agriculture Department have also visited the complainant’s land and other farmers lands and submitted the report. In the report revealed that the crops were failed for so many reasons including the defective seeds. Moreover, the scientists from the seeds manufacturing company have also visited the complainant’s land. The complainant is knowingly fully well about the management practice of the maize crop, his land is fertile and having good soil for growing maize crop. Every year, the complainant is growing maize crops in his lands.

6)     That the complainant ought to have grown 30 to 40 quintals per acre for use of one pocket of maize seeds. So that he has to get nearly 200 quintals packets of maize for 5 acres 13 guntas. But, crops have not grown as per their schedule. No yield has come up. So that the complainant has suffered loss of nearly Rs. 3 to 4.80 lakhs by sowing opponents company maize seeds Rs.1,390-00 per packet of the cost of seeds and spend Rs.0.50 lakhs per acre towards fertilizers, manure, pesticides and miscellaneous expenses, in total Rs.2.50 lakhs. So that the complainant has incurred loss of Rs.4.80 lakhs towards crop failure. Now, the rates of maize is very high and global one. There is 90% of crop failure. Due to sub-standard seeds, the complainant has incurred heavy loss in getting good income.

7)     That opponent No.2 is the manufacturer, producer and opponent No.1 is the dealer of the defective maize seeds, the seeds supplied by them are defective in nature and also sub standard seeds.

8)     The complainant contended that the opponents by supplying sub standard maize seeds have committed deficiency in service and made unfair trade practice. Hence both of the opponents are jointly and severally liable to pay the compensation to the complainant.

9)     Though the opponents have denied the lawful claim of complainant with a malafide intention to deprive him of his legitimate rights. The said act of the opponents amounts to unfair trade practice, custom, deficiency in service and willful negligence towards complainant, who is the consumer. Due to the illegal act of opponents, the complainant has suffered from financial loss and mental agony.

10)   Furthermore, the complainant has stated that he has approached and requested the opponent No.1 to compensate for the loss incurred by the complainant for sowing the maize seeds supplied by him. In the beginning, the opponent No.1 has agreed for the same, but lateron refused to act upon his words. In this regard, the complainant got issued the legal notice on 12.12.2019 to the opponents (Annexure-6). But, the opponents neither complied to the notice nor make any arrangements to give compensation to the complainant.

11)   Even though, after issuance of notice from this Hon’ble Commission, the opponents have duly served the notice to the opponents. The opponents nor attended or filed any version for contesting the case, as such placed them as exparte.

12)   The complainant got himself examined as PW-1 by filing his affidavit as a part of examination-in-chief and the documents Ex.A-1 to A-8 and M.O.1 were got marked and closed his side evidence.

13)   The complainant has filed their written arguments through advocate. Arguments heard on complainant side.

14)   On perusal of the facts of the complaint and also written arguments filed by the complainant, now the points that arise for our determination for decision of above complaint are;

1. Whether the complainant proves the supply of defective seeds by the opponents, which leads to deficiency of service on the part of opponents?
2. Whether the complainant proves that he is entitled for relief as sought for?
3. What order?

Our findings on the above points are as follows:

1. Negative
2. Negative
3. As per final order

 

REASONS

15)   Point No.1 & 2:       That there is no dispute that on 24.06.2019, the complainant has purchased 9 nos. of packets, each packet contains 4 kgs., and value of each packet is Rs.1,390/- (MRP 1600-00). As such, the complainant became the consumer of the opponents. Due to supply of defective seeds, the complainant has incurred loss of Rs.4.80 lakhs. Then, the complainant has given an requisition letter to Assistant Director of Agriculture, Holalkere. After visiting the complainant’s land, the scientists enquired and submitted the report by stating that the loss of maize crops upto 85% to 90% with regard to documents marked as Ex.A-1 to A-8 and M.O.1.

 

16)   Even though after receipt of notice from this Hon’ble Commission, the opponents have not appeared before the commission and file their version to defend their case.

 

17)   After perusing the complainant’s chief affidavit, written arguments and supporting all documents, this Commission observed that the scientists have visited the land of complainant and submitted Field Failure Report to the Joint Director of Agriculture, Chitradurga, vide Ex.A-5. In that report the scientists have clearly opined as below:

“PÀȶ «eÁÕ£À vÀAqÀªÀÅ avÀæzÀÄUÀð f¯ÉèAiÀÄ ºÉƼÀ¯ÉÌgÉ vÁ®ÆèPÀÄ, ©.zÀÄUÀð ºÉÆç½AiÀÄ ºÉZï.PÉ.ºÀ£ÀĪÀÄAvÀ¥Àà »gÉÃJ«ÄäUÀ£ÀÆgÀÄ j.¸À.£ÀA.66gÀ°è 5 JPÀgÉ 13 UÀÄAmÉ d«Ää£À°è ¥ÀAiÉÆäAiÀÄgÀ PÀA¥À¤AiÀÄ ªÉÄPÉÌeÉÆüÀ ºÉÊ©æqï vÀ½ 3550 ©vÀÛ£É ªÀiÁrzÀ d«ÄäUÉ ¨sÉÃn ¤Ãr gÉÊvÀgÀ d«Ää£À°è ¨É¼ÉzÀ ¸ÀAPÀgÀt vÀ½AiÀÄ §ºÀÄ ¸ÀASÉåAiÀÄ°è vÉ£É §A¢gÀĪÀ vÁPÀÄUÀ¼À£ÀÄß «ÃPÀëuÉ ªÀiÁr ¥Àj²Ã°¹zÁUÀ PÀAqÀÄ §AzÀ CA±ÀªÉãÉAzÀgÉ.

¥ÀAiÀĤÃAiÀÄgÀ PÀA¥À¤AiÀÄ ªÉÄPÉÌeÉÆüÀ ºÉÊ©æqï 3550 F ¥ÀæzÉñÀPÉÌ ¸ÀÆPÀÛvÉ §UÉÎ «±Àé«zÁå®AiÀÄzÀ ¸ÀA±ÉÆÃzsÀ£Á PÉÃAzÀæzÀ°è ¥ÀjÃPÉëUÉ M¼À¥Àr¹gÀĪÀÅ¢®è, DzÀÝjAzÀ F ¸ÀAPÀgÀtªÀÅ F ¥ÀæzÉñÀPÉÌ ¸ÀÆPÀÛvÉ §UÉÎ ¸ÀA§AzsÀ¥ÀlÖ PÀA¥À¤AiÀĪÀgÉ ªÀiÁ»w ¤ÃqÀ¨ÉÃPÀÄ

F ¸ÀAPÀgÀt E°èAiÀÄ ªÁvÁªÀgÀtPÉÌ ºÉÆA¢PÉÆArgÀzÉà ªÀÄvÀÄÛ ºÀƪÁqÀĪÀ ¸ÀªÀÄAiÀÄzÀ°è Cwà ºÉZÀÄÑ ªÀÄ¼É DVzÀÝjAzÀ ¥ÀgÁUÀ¸Àà±Àð QæAiÉÄAiÀÄ°è ¥ÀgÁgÉÃtÄ ¹UÀzÉà ¥ÀgÁUÀQæAiÉÄ £ÀqÉAiÀÄzÉà §ºÀÄ ¸ÀASÉåAiÀÄ°è vÉ£ÉUÀ¼ÀÄ §AzÀÄ PÁ¼ÀÄPÀlÖzÉ EgÀĪÀÅzÀÄ PÀAqÀħA¢zÉ. MmÁÖgÉAiÀiÁV ±Éà 85-90% gÀµÀÄÖ E¼ÀĪÀj PÀrªÉÄAiÀiÁUÀ§ºÀÄzÉAzÀÄ CAzÁf¸À¯ÁVzÉ JAzÀÄ ªÀÄtÄÚ «eÁÕ¤, ¨ÉøÁAiÀÄ «eÁÕ¤ ªÀÄvÀÄÛ ¸ÀºÁAiÀÄPÀ ¥ÁæzsÁå¥ÀPÀgÀÄ (vÀ½±Á¸ÀÛç) EªÀgÀÄUÀ¼ÀÄ ¸ÀàµÀÖªÁV C©ü¥ÁæAiÀÄ ¤ÃrgÀÄvÁÛgÉ”

18)   As such it clearly shows that there is no deficiency in service or unfair trade practice made by the seeds supplier or manufacturer. Then, the complainant is not eligible to get compensation as sought in his complaint.

19)   As such, the Point No.1 and 2 are taken into consideration as Negative as the complainant has not proved that he is entitled to get the relief from opponents.

20)   Point No.3: As discussed on the above points and for the reasons stated therein we proceed to pass the following

 

::ORDER::

The present complaint against the opponents is hereby dismissed, with no cost.

The Assistant Registrar is directed to send the copies of this order to both parties free of cost within a week from today.

 

(This order is made with the consent of Members, after correction of the draft on pronounced in the Open Commission on this 19^th May 2022)

 

 

 

MEMBER                 MEMBER                 PRESIDENT

Msr

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ANNEXURES

 

1. Witness examined on behalf of complainant :

 

PW-1 Hanumanthappa.H.K. S/o.Late Kenchappa

 

2. Witness examined on behalf of opponents :

 

-NIL-

 

3. Documents marked on behalf of complainant:

 

1. Ex.A-1-RTC bearing Sy.No.66/2
2. Ex.A-2- Original cash bill dt.24.06.2019
3. Ex.A-3- Original complaint dt.16.10.2019
4. Ex.A-4- Copy of field visit report with letter dt.28.11.2019
5. Ex.A-5- Report of Agriculture Department
6. Ex.A-6- Legal Notice
7. Ex.A-7- Receipts and Acknowledgement
8. Ex.A-8- Photos
9. M.D.1

 

 

4. Documents marked on behalf of opponents:

-NIL-

 

 

 

MEMBER                 MEMBER                 PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

::ORDER::

The present complaint against the opponents is hereby dismissed, with no cost.

The Assistant Registrar is directed to send the copies of this order to both parties free of cost within a week from today.

 

 

 

MEMBER                 MEMBER                 PRESIDENT