JUDGEMENT DELIVERED BY SMT.SAMIUNNISA .C.H., PRESIDENT: The complainant has filed a complaint under section 12 of Consumer Protection Act, 1986 against the OPs alleging unfair trade practice claiming Rs.3,00,000/- against the Ops for unfair trade practice, mental harassment and litigation expenses along with interest. The nutshell of the Complaint is as under: The Complainant is a resident of Savadi village, Ron Taluk, Dist: Gadag and he is an agriculturist growing various types of crops in his agricultural land at Savadi. On 09.07.2014, the Complainant purchased an onion Jindal N-53, Lot No.431, 6 bags weighing 500 grams at 600/- per bag, total amount is Rs.3,600/-. The Complainant purchased the same from OP No.2’s-shop. He sowed the seeds along with manure and pesticides in his land bearing survey No.514/4 in 02 acres out of 3 acres 38 guntas, 3 months later Complainant found that onion is blotting and splitting, immediately the Complainant approached the OP No.2 and complained about the blotting and splitting of crop. The OP No.2 said that Complainant to approach OP No.1. 2. Thereafter, the Complainant approach the Director of Horticulture he advised Complainant to approach University of Horticulture Sciences, Bagalkot. When Complainant approached the University a team of a Scientist visited the land and reported that the yield is ill because the sowing of the low quality of seeds and its unseasonal seeds. 3. If the Ops have supply the good quality seeds, the Complainant have earned Rs.1,25,000/- per acre. Hence Complainant has sustained a loss of Rs.2,50,000/-. Hence, the Complainant had claimed Rs.2,50,000/- towards the loss of the crop, Rs.40,000/- towards the mental harassment and Rs.10,000/- towards the litigation expenses. In total the Complainant claim of Rs.3,00,000/-. 4. In pursuance of the notice issued to the OPs, the notices being duly served to the Ops, the Ops have not appeared before this Forum. Hence, this Order is exparte. 5. The Complainant had filed an affidavit along with 12 documents in support of his case, same is marked as Exhibit C1 to C12, during arguments he has filed 04 original bills in support of his case. Arguments heard. 6. The following points arises for our consideration:- 1. Weather there is any unfair trade practice done by the Ops as alleged in a Complaint? 2. Weather the complainant is entitled to any relief? 3. What order? Our findings to the Point No.1: in the Affirmative, Point No.2 : Partially Affirmative Point No.3 : as per the final Order R E A S O N S 7. POINT NO.1: Perused the records, the case of the Complainant is that the Complainant has purchased onion seeds to sowed in his agricultural land, the OP No.2 has supplied defective seeds and unseasonal seeds to the Complainant, since the Complainant sowed the seeds in his agricultural land after 3 months, when Complainant was visited to his field, the yield of an onion was very ill that 70% to 72% of onion crop of very small and he saw that there is a blotting and splitting in each onion. Further, it is a case of the unfair trade practice the Complainant had purchased onion seeds 500 grms. X 6 bags from the OP No.2 on 09.07.2014. He has filed 12 documents in support of his case and 04 original bills during the arguments. Going through the documents, Exhibit C1 it is a legal notice issued by the Complainant to the Ops. The same is served to the Ops but they did not come forward to reply the same. Exhibit C6 it is a Cash bill given by the OP No.2 to the Complainant, it clearly shows that seeds purchased by the Complainant and how many bags he has purchased and what type of seeds he has purchased and the rate of the bags. He has purchased 6 bags for Rs.600/- each bag. The Complainant produced Exhibit C9 to C12 to show that he is the owner of the said Survey No.514/4 and he has sowed the onion crop on that period. Moreover, he has approached the University of Sciences, Bagalkot as per Exhibit C7 and they had given a clear Report that the crop is ill and there are 2 to 3 splitting in each onion and 70% to 75% of crop of onion was very small and 20% to 30% is normal, but there is a blotting and splitting in those onion also and they are reported that this is due to sowing of low quality of seeds and this type of yield is seen in an unseasonal seeds and Complainant approached OP No.2 and he has replied untenable and he has issued notice to OP No.1 Manufacturer of the seeds. Both are not answer to the same. Moreover, Op No.1 and 2 are not come before this Forum while issued notices to them from this Forum. It shows that they are practicing unfair trade practice. Hence, the Point No.1 is affirmative.
8. POINT NO.2: The Complainant had produced the documents in support of his case. The loss was incurred to the Complainant by sowing defective seeds and Complainant filed the other bills to shows that what is the price of an onion on those days for each bag. Whatever it may be, the Complainant has not kept his crop with him what he is gain he has earned something from that crop. Hence, the Complainant is entitled for relief partially. Hence, the answer No.2 is partially affirmative. 9. POINT NO.3: In view of the following Point No.1 and 2, we proceed to pass the following: //O R D E R// 1. The Complaint is partially allowed with costs. 2. The Ops are directed to pay a sum of Rs.90,000/- (Rupees ninety thousand) to the complainant towards the loss of crop along with interest at 12% p.a. from the date of filing of this Complaint. 3. The Ops are further directed to pay a sum of Rs.5,000/- (Rupees five thousand) towards mental harassment and Rs.1,000/- (Rupees one thousand) towards the cost of the litigation. 4. The Ops have comply the above order within a period of 60 days from today to comply this Order, failing which Ops have to pay interest at 18% p.a. till the date of realization. 5. Send the copies of this order to the parties free of cost. (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 21st day of November, 2015) Member Member President
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