Complaint filed on: 10.10.2014
Complaint Disposed on:07.12.2016
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.116/2014
DATED THIS THE 7th DAY OF DECEMBER 2016
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
M.L.Raghu S/o M.S.Linge Gowda,
Aged about 46 years, Agriculturist,
Madeneralu Village, Kelagoor Post,
Chikmagalur Taluk.
(By Sri/Smt. H.M.Sudhakar, Advocate)
V/s
OPPONENT:
1. The Manager
Saraswathi Agro Chemicals,
Pvt. Ltd., (India),
Lane-2 Phase,
ISIDCO Industrial Complex,
Bari Bramhana Dist,
Jammu (J&K).
2. BASF India Pvt. Ltd.,
1st Floor, Vibhyor Tower
Plot No.62, ‘G’ Block,
Bandra Kurla Complex,
Bandra East,
Mumbai – 400 051.
3. The Proprietor,
Pushpagiri Cement &
Hardware, Dealers,
Main Rod, Aldur At & Post,
Chikmagalur Taluk.
(OP No.1 – Ex-parte)
(OP 2 & 3 By Sri/Smt. S.H.Maheshkumar, Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos. 1 to 3 alleging unfair trade practice in selling defective pesticides to the complainant which resulted in loss of Rs.18,00,000/-. Hence, prays for direction against OP to pay an amount of Rs.18,00,000/- towards loss caused along with compensation of Rs.1,00,000/- for unfair trade practice.
2. The brief facts of the complaint is that:
The complainant is a Coffee planter and agriculturists having 16 acres of coffee plantation at Madeneralu Village of Chikkamagaluru Taluk and on 03/07/2014 he purchased PLANOFIX SAAF and BAVISTON pesticides which is manufactured by OP No.1 by paying Rs.1,375/- in order to spray the said chemicals to the pepper creeper. The OP No.3 issued a bill No.4694 towards the purchase of said products. After purchase of the said products, the complainant sprayed the said chemicals to three thousand pepper creepers which were lying in and around 16 acres of coffee land. After three days, he noticed that the said pepper creepers and leaves of the pepper creepers started to fall down by changing colour from green to some other colour and pepper creepers also started to die . Further the complainant noticed the pepper creepers also started to fall down. Immediately the complainant approached OP No.3 and complained regarding the said facts. But OP No.3 did not responded positively to the complainant. Immediately the complainant lodged a complaint before Horticulture Department, Mudigere with respect to the defective chemicals. For which, the Assistant Agricultural Director, Horticultural Department, Chikmagalur and Scientists of Agricultural and Horticultural University, Mudigee have visited the estate of the complainant and observed the pepper creepers and submitted report to the complainant.
The OP No.3 has sold expiry dated planofix Saff and Baviston pesticides to the complainant which resulted in damaging pepper creepers. Hence, the complainant suffered loss to the tune of Rs.18,00,000/- due to non yield of pepper.
Thereafter the complainant has requested and demanded to pay the loss caused to the complainant, but the OP Nos. 1 to 3 have not compensated the loss suffered by complainant. Hence, complainant filed this complaint alleging unfair trade practice and prays for direction against OP Nos. 1to 3 to pay the said loss to the tune of Rs.18,00,000/- along with compensation for unfair trade practice as prayed above.
3. After service of notice the OP No.1 not appeared before this Forum and hence placed Ex-parte. The OP Nos. 2 & 3 appeared through their counsel and filed the version.
The OP Nos. 2 & 3 in their version have contended that these Ops do not know that the complainant is a owner of 16 acres of coffee estate at Madeneralu Village, Chikmagalur Taluk. But it is false that the complainant has purchased chemicals like PLANOFIX SAAF and BAVISTON from these Ops and it is also not clear that how much quantity and which chemical out of the above named chemicals have been purchased from OP No.3 amouting to Rs.1,375/- and also it is not known to these Ops that the complainant whether sprayed the same chemicals to the pepper creepers/saplings or not.
The Ops further contended that they have not sold any expiry date medicines/chemicals to the complainant and the complainant has not produced any bill, batch number or used packet of the product to show the expiry date is over and the complainant is to put to strict proof of the same. It is also denied by the Ops that the complainant has suffered loss due to spray of the said chemicals to the pepper creepers.
This OP/Company is the Company which manufactures certain medicine which can be applied to the agricultural crops and it has got its own reputation for the last 150 years. The said Company is in existence at Mumbai and the original base of the company is at Germany. At no point of time, they manufacture any spurious chemicals nor will their dealer supply the expiry dated chemicals to the customers and it is also duty of the consumer/complainant to purchase the product by looking at the manufacturing date and expiry dates. Anyhow they have not sold any expiry products to the complainant and there is no any unfair trade practice on the part of OP Nos. 1 & 2. Hence, prays for dismissal of the complaint.
4. The complainant filed affidavit and marked the documents as Ex.P1 to P4. The OP Nos. 2 & 3 also filed affidavit and marked the document as Ex.R1
5. Heard the arguments:
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is unfair trade practice on the part of Ops?
2. Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Negative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The case of the complainant is that he had purchased chemicals called PLANOFIX SAAF and BAVISTON from OP No.3 which is manufactured by OP No.1 in order to spray the said chemicals to his pepper creepers which are cultivated in 16 acres of coffee estate. After the spray he noticed the leaves of the pepper creepers were changing colour and started to fall down. Thereafter also he noticed that the pepper creepers also going to die and the branches are falling down. Immediately he complained with respect of the spray of the said chemicals to OP No.3. But OP No.3 has not responded properly. Thereafter, he complained the said results of spray to the Horticulture Department, for which the Scientists have visited and given a report to the complainant. Hence, the complainant alleges unfair trade practice in selling an expiry dated chemicals to the complainant which resulted in loss nearly Rs.18,00,000/- and prays to direct the Ops Nos.1 to 3 to pay the said amount along with compensation.
9. On contrary, the Ops have denied every allegations made by complainant and contended that it is the duty of the complainant to notice the expiry date before purchase of the products and further contended that the complainant had not produced the used packets or any documents to show the product sold by them was expired at the time of sale. Hence, submits no unfair trade practice on their part.
10. The complainant sown affidavit and filed cash receipt issued by OP No.3 marked as Ex.P3 to show that he has purchased one liter of PLANOFIX, ½ K.g SAAF and ½ K.g BAVISTON and paid Rs.1,375/-. He also produced some four photos to show that the leaves of pepper creepers were falling down. Again, he produced a report given by Agricultural and Horticultural University, Shimogga with respect of observation made by the said officials of the University marked as Ex.P4.
11. On going through the said Ex.P4 i.e. a report given by the said officials of the University, we noticed that they have not given any opinion with respect of chemicals called PLANOFIX, SAAF AND BAVISTON. They have categorically stated that the fall of leaves of pepper creepers is not due to only spray of the chemicals. They have given different reasons for chances of falling of the said leaves of pepper creepers. Hence, the report as admitted by complainant himself is not supports the case of the complainant. Further, we noticed that the complainant has not produced packets of said PLANOFIX SAAF and BAVISTON chemicals or any materials before this Forum to show that the said products were expired and complainant also not established that the OP No.3 has sold expiry dated chemicals to the complainant. The complainant’s mere allegations regarding sale of expiry products will not suffice to establish the allegations made by complainant. In the absence of said materials this Forum also not able to come to conclusion that the OP sold expired products to the complainant. The fall of leaves as per the photos may be due to some other reasons as per the Ex.P4 (investigation report). It is also noticed that the complainant had not made any efforts to appoint court commissioner or any person to inspect the estate of the complainant in order to know whether the said pepper creepers were died due to spray of the said chemicals. Hence, in the absence of any materials with respect to the allegations, we are of the opinion that the complainant had not made out any allegations as alleged in the complaint and complainant failed to establish unfair trade practice on the part of OP Nos. 1 to 3. The complainant also not established that he suffered loss to the tune of Rs.18,00,000/-. Hence, we are of the opinion that the complaint is liable to be dismissed as not established any unfair trade practice. Hence, for the above said reasons, we answer the above points accordingly and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is hereby dismissed. No order as to costs.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by him, transcript corrected by me and then pronounced in Open Court on this the 7th day of December 2016).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex. P1 - Receipt issued by OP No.3 for having purchase of pesticides
Ex.P2 - Six photos
Ex.P3 - Letter issued by horticultural Dept. to complainant
Ex.P4 - Report issued by agricultural university, Shimoga Dt:12.08.14.
Documents produced on behalf of the OPs:
Ex. R1 - Authorization letter issued by Pradeep Chandan Company
Secretary
Dated:07.12.2016 President
District Consumer Forum,
Chikmagalur.
Tss
