Orissa

Cuttak

CC/138/2016

Harihar Pradhan - Complainant(s)

Versus

The Manager,Nirmal Seeds Pvt Ltd - Opp.Party(s)

B M Bhuyan

11 Sep 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.138/2016

Harihar Pradhan,

At:Paikarapur,PO:Jignipur,

PS:Salipur,Dist:Cuttack.                                                       .… Complainant.

 

Vrs.

1.         The Manager,Nirmal Seeds Pvt. Ltd.,

Registered and administrative Office P.O.Box No.63,

Bhadagaon Road,Pachora-424201,

                Dist:Jalgaon(MP),State:Maharastra

2.        Om Sai Agro,Sisua,Cuttack, At/Po:Sisua,Dist:Cuttack

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    25.10.2016

Date of Order:  11.09.2019

 

For the complainant  :    Sri B.M.Bhuyan,Adv. & Associates.

For the Opp.Party.     :    Sri S.K.Behera,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum alleging therein the defects in the goods purchased by him and deficiency in service provided and unfair trade practice adopted by the O.Ps.

1. The case of the complainant in brief is that the complainant has purchased one bag containing 5 kg black gram seeds (NUL-7(Vishwas) by paying Rs.1500/- from the O.P No.2 on 22.1.16 for the purpose of cultivation with proper instruction of the retailer O.P No.2.  The O.P said that the seeds are more productivity seeds and it  also get production of 12 to 15 quintal per acre.  The copy of bill is filed as Annexure-1.

As per direction of the retailer the complainant started black gram cultivation and applied medicines in his land.But the black gram plants did not grow properly.Some plants had flowers but did not have grains.Some of the plants turned white in colour, as a result of which the complainant suffered heavy loss in black gram cultivation.Due to poor quality seeds the complainant suffered heavy loss.The photograph of the said land is filed as Annexure-2.

The complainant approached the O.P No.2 to make an inquiry into the matter and the O.P No.2 visited the spot without prior intimation to the complainant and they visited the spot and left without any instruction to complainant which is evident from the photograph taken at the time of visit.Thereafter the complainant submitted application to the O.P No.2 and O.P No.1 on 12.3.16, but of no result which amounts to deficiency in service by the O.Ps.Then the complainant issued pleader’s notice to the O.P NO.1 through his adv ocate on 4.4.2016 alleging loss due to poor quality seed.The copy of the application dt.12.3.16 and the copy of the pleader’s notice dt.4.4.16 is filed as Annexure-3.

The complainant prayed for a direction to the O.Ps to pay compensation amounting to Rs.1,00,000/- for his loss and mental agony.

2. The O.Ps 1 & 2 appeared and filed their written version.  They [have stated that as alleged by the complainant that the O.P No.2 told that the seed variety is a high yielding variety and of more productive seed and the yield quantity mentioned by the complainant is totally wrong and baseless and there was no such discussion about the same between the parties at the time of purchase.  The O.P further stated that the O.P No.2 visited the field of the complainant and found that the plants are in proper condition having flowers for good production.  Hence the averments that some of the plants looks white colour is totally incorrect because if the seeds were not good, there would not have germination of seeds.  No application dt.12.3.16 as stated by the complainant was received by the O.ps because no such letter is annexed in the complaint petition in order to justify the same.  As the pleader’s notice dt.4.4.16 is concerned, the O.Ps through their legal officer replied to the said notice by indicating that the O.Ps have not given any assurance or guarantee about the yield from that variety seeds and it is also stated that the seeds testing procedure is adopted in the laboratory having facilities for testing the quality of seeds.  Qualities of seeds are also tested by Apex Nodal Agency.  It is further stated that the company never supplied any bad variety of seeds.  So the complaint petition deserves no merit for consideration and liable to be rejected.  The photo copy of the reply notice dt.19.4.16 by the Law Officer to the advocate notice dt.4.4.16 is Annexure-A.  The O.Ps further averred that the complainant has claimed rupees one lakh towards financial loss in black gram cultivation without any specific averments to that effect and only mentioned about supply of low quality seeds.  But in the complaint petition the complainant has not made any averments regarding proper maintenance of the crops by applying fertilizers, medicines etc.  The O.Ps further averred that they  have not received letter dt.12.3.16 on whose basis the averments made that non- reply of the said letter by the O.Ps amounts to deficiency in service and also bears no merit for consideration and liable to be rejected.  The reply given by the O.Ps to the advocate notice by the legal office of the company from which it can be visualized that the company has not committed any deficiency in service for non-production of good quality black gram i.e. Nirmal-7(Vishwas).  The same quality of seeds which was purchased by the complainant were also purchased by some of the persons of the same locality and the purchasers reported to the O.P No.2 that the seed variety has given a good production.  Hence the allegation of the complainant in the present petition to the effect that from such variety of seeds there is poor productions is nothing but to mislead the learned Forum.
3. We have heard from learned counsels of the parties, gone through the pleadings of the parties and perused the documents and papers carefully filed by the parties.

Admittedly the complainant purchased seeds from O.Ps for cultivation of high yielding type black gram but it yielded no result for which he suffered financial loss.Though the complainant has not made any specific averment with regard to financial loss in black gram cultivation, the O.Ps in the reply letter of their legal officer have admitted the loss of crop with allegation of poor/improper field maintenance.But in the written version, the O.ps have taken the stand in paragraph-4 that the O.P No.2 visited the field and found that the plants were in proper condition having flowers for good production.

In our considered view, the O.Ps have contradicted their own stand which amounts to unfair trade practice.So the O.Ps are jointly and severally liable for the same.

                                                                                ORDER

Basing upon the facts and circumstances stated above, the complainant succeeds and the O.Ps are directed to pay Rs.70,000/- (Rupees seventy thousand) as compensation for crop loss and mental agony to the complainant within a period of 45 days from the date of receipt of copy of this order.

                Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 11^th day of September,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                    Member (W)                                                                                                                                                                                                                                                                                                                                                                                                        (Sri D.C.Barik)

                                                                                                             President.