Telangana

Khammam

CC/64/2016

Mekapothula Ramulu Alias Ramaiah, S/o. Nagulu, Age 50 Years, Occu Agriculture, R/o. Ammapet Village, Mudigonda Mandal, Khammam District - Complainant(s)

Versus

The Managing Director, Jeeva Agri Genetics, plot No.21, 16-2-738/4/5/21U, 1st Floor, SBH Colony, As - Opp.Party(s)

Sri.G.Rama Rao

07 Dec 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

 

Dated this, the 14^th day of November, 2018.

 

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc., LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

     

C.C. No. 64/2016

Between:

 

Mekapothula Ramulu @ Ramaiah, S/o.Nagulu,

Aged: 50 years, Occu;Agriculture, R/o.Ammapet Village,

Mudigonda Mandal, Khammam District. 

                                                                                        …Complainant   

And

 

1.       The Managing Director,

Jeeva Agri Genetics, Plot No.21,

#16-2-738/4/5/21U, 1st  Floor,

SBH Colony, Asnadhar, Malak Pet,

Hyderabad – 500 036.             

 

2.       Kartheek Enterprises,

Rep. by its Tellakula Rama Rao,

TIN NO.28950275772, AGL NO.36/2004,

Seeds License No.239/2011,

Door No.2-8, Main Road, Kamalapuram Village,

Mudigonda Mandal, Khammam District.

…Opposite Parties

 

This C.C. is coming on before us for final hearing in the presence of Sri Gollapudi Rama Rao, Advocate for complainant; and of Sri Tulluri Ramesh Babu, Advocate for Opposite Party No2;  Notice of Opposite Party No.1 served by publication and called absent;  upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

 

O R D E R

(Per Sri. R. Kiran Kumar, Member)

 

 

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

1.       The averments made by the complainant in the complaint are that the Opposite Parties made canvass with mikes and wall posters for their JEEVA Agri Genetics Chilli seeds and will give yielding of Chillies 35 to 40 Quintals per Acre.  The Opposite Parties made similarly visited the village of complainant i.e. Ammapalem (V),Mudigonda (M) of Khammam District  and made  meetings with other farmers, so also with the complainant and make believe them with regard to high yielding of chillies with seeds of Opposite Parties company. Accordingly the complainant purchased 20 Unit of Jeeva-801, Lot No.M-9 CHNA and 10 Units of Jeeva-801, Lot No.2411-114 for Rs.9,600 vide Bill No.68, dt;10-07-2016 from Opposite Party No.2  for  the seeds belongs to the Opposite Party No.1 company. The complainant has got dry land on lease bearing Sy.No.28/A to an extent of Ac.5-20 gts from his own brother of same village and the complainant have his own land adjacent to the leased land.   The complainant further submitted that he planted and raised the chilli crop with the seeds supplied by Opposite Parties and spent Rs.30,000/- per acre with fond hope and will get the yield of chilli crop.  The complainant further submitted that the seeds are not in natural type and the seeds are mixed with different kinds and they are not growing as promised by Opposite Parties and the crop is damaged with Vendi Tegulu, Thala Maadu and coming Gubba Iguru, plant is not grown well but in an abnormal manner.  The complainant has spent lot of amount for fertilizers and pesticides as suggested and recommended by Mandal Agricultural Officer, Mudigonda, even then also there is no recovery of crop. The complainant sustained huge loss, as such the Opposite Parties are liable to pay damages for Rs.3,00,000/- per acre is only because of supply of defective seeds by Opposite Parties. The complainant further submitted that due to heavy loss of crop, the investment made to the crop, sometimes it thrown the complainant into a “Suicidal depression” also. The complainant gave a complaint to Mandal Agricultural Officer and Police Officers, accordingly they advised the complainant to approach competent Court of Law. The complainant got issued legal notice dt:31-10-2016, for which the Opposite party No.2 gave reply with false contents.  Hence, this complaint.

 

2.       On behalf of the complainant, the complainant filed the following documents and the same were marked as Exs.A.1 to A.9. 

 

Ex.A.1         :- is the cash bill for an amount of Rs.9,600/- dt:10-07-2016 issued by Opposite Party No.1

Ex.A.2:- is the office copy of legal notice dt:31-10-2016.

Ex.A.3         :- is the rejoinder notice dt:26-11-2016.

Ex.A-4 is the reply notice dt:01-12-2016.

Ex.A.5:-are the returned unserved covers (No.2) of Opposite Party No.1.

Ex.A.6:-is the lease agreement letter obtained by the complainant from           Sri Mekapothula Venkaiah.

Ex.A-7 is the Meeseva Pahani dt:26-11-2016 issued by Tahasildar, Mudigonda.

Ex.A-8 is the letter addressed by the complainant to the Opposite Parties, M.A.O., Tahasilsar, Mudigonda, J.A.O., Khammam along with Postal Receipts (No.8) and acknowledgement (Nos.7).

Ex.A-9 is the Bills (Nos.19) issued by Opposite Party No.2

 

 

3.       The Petitioner/Complainant filed a Petition i.e. I.A.No.93/2016, Under Order-26, Rule-9, R/w.Section 151 of C.P.C. praying to appoint an Advocate Commissioner to note down the physical features of existing Mirchi crop in the petitioner schedule property and taking photographs and the same was allowed.  The Advocate Commissioner filed his Report  on 24-03-2017 along with letter given by Mandal Agricultural Officer, Mudigonda. 

 

4.       The Advocate Commissioner filed the following documents and the same were marked as Exs.C-1 to C-6.

 

1. Ex.C-1 is the Commissioner Warrant.
2. Ex.C-2 is the Attendance and signatures of the persons attended in Commission work.
3. Ex.C-3 is the certificate issued by VRO, Kamalapuram Village.
4. Ex.C-4 is the Report given by the M.A.O., Mudigonda and Horticulture Officer, Khammam.
5. Ex.C-5 is the returned unserved Postal covers (Nos.2) and Postal acknowledgement cards.(Nos.4)
6. Ex.C-6 Postal receipts (Nos.6)

 

 

5.       The notice of Opposite Party No.1 returned dt:13-11-2017 as party left and the counsel for complainant filed a Petition vide I.A.No.58/2018 for service of summons through Paper publication and the same is allowed by this Forum on 30-04-2018.  Notice was published in Nava Telangana, Medchal- Kuthbullapur Edition dt:17-05-2018 and the Opposite Party  No.1 called absent. 

 

6.       On receipt of notice the Opposite Party No.2 appeared through their counsel and filed Counter.  In their counter, the Opposite Parties denied all the allegations made by the complainant in his complaint.  The Opposite Parties  submitted that the  complainant purchased Jeeva Agri Genetics Chilli seeds from Opposite Party No.2, the Opposite Party No2 issued cash bill.  The Opposite Party No.2 further submitted that regardless of truth or otherwise in the allegations of the complainant the complainant itself is not maintainable either in law or in facts.  When the complainant’s basis for his claim is based on defective seed, he should have made efforts to send the seed for analysis to the Seed Testing Laboratory and no steps were taken either by the Complainant or Mandal Agricultural Officer.  The Opposite party No.2 is no way concerned with the defective seed and is only a dealer and bonafidely he purchased the same from Opposite party No.1 after having been satisfied with license requirement accorded to the Opposite party No.1 i.e. Seeds Corporations and as such no malafieds could be attributed.  Moreover, the raising of chilli and yielding thereby depends on so many conditions i.e. weather, water, humidity and other management practices and failure in such practices may lead to resulting less yielding. It is further brought to the notice of Hon’ble Court that unless the seed is testified by the concerned laboratory and unless it gives result about the seed, the claim of the complainant is based on unfounded allegations, as such the complaint before this Forum is not maintainable as such prayed this Forum to dismiss the complaint.

 

7.       On behalf of Opposite Parties, no documents filed.

 

8.       Upon perusing the material papers on record, now the points that arose for consideration are,

 

 (i) Whether the complainant is entitled as prayed for?

 (ii) If so, to what relief?

 

Point No.1.

 

It is an undisputed fact that the complainant purchased Jeeva agri Genetics Chilly seeds from the Opposite Party No.1 in the months of June and July, 2016.  The only dispute is with regard to the defective seeds as alleged by the complainant.  It is the case of the complainant is that he purchased the seeds by believing the assurance of Opposite Party No.1 regarding good yielding and sowed in his field by following all the procedure and precautions from time to time.  According to the complainant after transplantation, the crop grow-up healthy but there was no flowering and fruiting even after completion of (6) months.  Inadequately the complainant approached the Opposite Party No.1, Agriculture Officer and Horticulture Officer and requested to inspect their fields and intern the Horticulture Officer failed to inspect the crop, as such they approached the Forum for their grievance.  On the other hand, the Opposite Parties Nos.1 and 2 denied the averments as mentioned in the complaint by stating that the seeds supplied by them were not defective, there is no genetic disorder in the seeds manufactured by them, seeds are genetically procured and thoroughly tested in laboratories before releasing into the market and the complainant never informed to them about the condition of the crop nor made any request to  send any person for personal inspection and as such prayed to dismiss the complaint. The Opposite Parties also raised objection that as per the survey, it came to know that the complainant’s lands are not suitable for proper yielding.  During the proceedings the Horticulture Officer visited the field as per the directions of this Forum in I.A.No.93 of 2016 and submitted his report stating that “the chilly crop is at 150 days stage, chillies field was at flowering pod formation stage, the pods are small and large in shape and whitish red in colour.  The pod formation is less and genetically problem is noticed which leads in reduction of yield and severe infestation of sucking pest is noticed” Generally, the average yielding in chilly crop is (20) quintals.  According to the complainant they had incurred total loss of yield and to substantiate their contention no document is filed except Horticulture Officer’s Report and also the complaints failed to file any documentary evidence for the expenses incurred to develop the crop except filing Ex.A-9 receipts.  From the material available on record we observed that the complainant followed proper irrigation procedure to raise crop.   As per the report of the Horticulture Officer i.e. Ex.C-4 the yield was very poor compare with normal yield.  As such there is a deficiency in  service on the part of Opposite Parties for supplying defective seeds as such this point is answered accordingly in favour of complainant.

 

 

Point No.2.:

The Horticulture Officer failed to submit about normal yield of the crop per acre.  As per the District Agriculture Department Survey the average yield of chilly crop per acre is (20) quintals.  The complainant submitted that they incurred total loss of crop and no yield at all and to substantiate the same no evidence produced.   And also as per the Agricultural marketing Deportment, Khammam during the year 2016 the price of the chilly - low grade  - per quintal was Rs.4,000/- and the complainant sustained loss of average of (15) quintals of yield per acre.  Therefore the Opposite Parties are liable to Rs.4,000/- X 15 quintals = Rs.60,000/- per acre.  Taking the Agriculture and Marketing Department Statistics and Market price and germination loss into consideration, by deducting 20% as loss of crop and calculating as Rs.48,000/- as crop loss and awarding Rs.48,000/- towards damages per acre for the defective seeds.  As such the complainant is entitled for (Ac.5.19 guntas X Rs.48,000/-=2,62,800/- ) Rs.2,62,800/-.

 

9.       In the result the complaint is allowed in part directing the Opposite Parties Nos.1 and 2 to pay Rs.2,62,800/-to the complainant towards deficiency in service for supplying the defective seeds and further directed to pay Rs.1,000/- towards costs to the complainant.  The Opposite Parties are directed to pay the amount within one month from the date of receipt of this order, failing which the amount shall carry interest @9% p.a. from the date of complaint. 

 

(Dictated to the Stenographer, typed and transcribed by her, corrected and pronounced by us in the open Forum, on this the 14^th day of November, 2018.)

 

 

 

      Member                  President             

     District Consumer Forum,

  Khammam.

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite parties    

       None                                                                          None

 

DOCUMENTS MARKED:-

For Complainant                                                         For Opposite parties

   

Ex.A1:	is the cash bill for an amount of Rs.9,600/- dt:10-07-2016 issued by Opposite Party No.1.		NIL
Ex.A2:	is the office copy of legal notice dt:31-10-2016.
Ex.A3:	is the rejoinder notice                    dt:26-11-2016.
Ex.A4:	is the reply notice                     dt:01-12-2016.
Ex.A5:	are the returned unserved covers (No.2) of Opposite Party No.1.
Ex.A6:	is the lease agreement letter obtained by the complainant from           Sri Mekapothula Venkaiah.
Ex.A7:	is the Meeseva Pahani               dt:26-11-2016 issued by Tahasildar, Mudigonda.
Ex.A8:	is the letter addressed by the complainant to the Opposite Parties, M.A.O., Tahasilsar, Mudigonda, J.A.O., Khammam along with Postal Receipts (No.8) and acknowledgement (Nos.7)
Ex.A9	is the Bills (Nos.19) issued by Opposite Party No.2

DOCUMENTS MARKED FOR THE ADVOCATE COMMISSIONER

 

1. Ex.C-1 is the Commissioner Warrant.
2. Ex.C-2 is the Attendance and signatures of the persons attended in Commission work.
3. Ex.C-3 is the certificate issued by VRO, Kamalapuram Village.
4. Ex.C-4 is the Report given by the M.A.O., Mudigonda and Horticulture Officer, Khammam.
5. Ex.C-5 is the returned unserved Postal covers (Nos.2) and Postal acknowledgement cards.(Nos.4)
6. Ex.C-6 Postal receipts (Nos.6)

 

 

 

 

                    Member                           President

                                                                    District Consumer Forum,

Khammam.