This C.C. is coming before us for hearing in the presence of Sri Beesha Ramesh, Advocate for complainant and of Sri Kavoori Ramesh, Assistant Government Pleader for opposite party No.1 and of Sri A. Rama Rao, Advocate for opposite party No.2; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Smt.V. Vijaya Rekha, Member)

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

2.      The brief facts as mentioned in the complaint are that complainant is an agriculturist, resident of Thummalapalli village, Penuballi Mandal, Khammam district, intended to cultivate green gram and red gram crop, taken the lands on lease to an extent of Ac.2.00 and 0.36 gts. out of survey No.162/A, and Ac.1.04 gts in survey no.174/aa, situated at Bayyannagudem revenue village of Penuballi Mandal.  In total, he had cultivated Ac.4.00 guntas of land by paying Rs.10,000/- per 1 acre towards lease amount.  Having attracted the wide publicity of opposite party No.2 and by believing the words of opposite party No.1/M.A.O. concerned, purchased 5 bags of LGG 460 green gram seeds, (each bag contains 4 kilograms) from the opposite party No.2.  The complainant raised the crop as per instructions of opposite party No.1 by investing huge amounts for cultivation, manuering etc,.  He also followed all the precautionary measures for good yielding from time to time.  The complainant noticed that the crop was not started flowering even after completion of 2 months, the flowers, produced by some plants also fallen down.  Upon which, approached the opposite party No.1 on his grievance.  The opposite party No.1 / Mandal Agricultural Officer came to the field and opined that the crop was damaged due to substandard seeds, purchased from the opposite party No.2. The complainant further submitted that he spent Rs.70,000/- towards ploughing and labour charges and for purchasing of pesticides, insecticides and payment of lease amount but he could not get even 1% of yielding.  The complainant lost 10 quintals of green gram per acre, in total he lost 40 quintals out of 4.00 acres of land, which amounts to Rs.3,00,000/-.  The complainant issued legal notice on 16-10-2015 as there was no response from the opposite party No.2 even after approaching its officers on his grievance.  Finally, filed the present compliant by praying to direct the opposite parties to pay Rs.3,70,000/- towards loss of crop and Rs.1,00,000/- towards damages.

3.      Along with the complaint, the complainant filed his affidavit and Exhibits A-1 to A-4.

4.      On being noticed, the opposite parties No.1 and 2 appeared through their counsels.  The opposite party No.1 filed counter by denying the averments of complaint.  No written version was filed on behalf of opposite party No.2.

          The opposite party No.1 is the Mandal Agricultural Officer, filed her written version by admitting that 40 farmers were identified by her under NFSM pulses programme during Khareef 2015 for demonstration purpose to cultivate inter crops like Red and Green gram and also admitted that the complainant is one of them, who were organized for the said purpose.  The opposite party No.1 further submitted that after receiving seed from the opposite party No.2, distributed the same to the selected 40 farmers, no complaints were received from the farmers except from the complainant.  After receipt of complaint, the opposite party No.1 visited the crop of complainant on 22-09-2015 and 07-10-2015 and submitted the report to the Joint Director, Agriculture, Khammam by seeking instructions.  The scientists from A.R.S., Madhira visited the crop on 21-11-2015 and given their findings after inspection of crop.  The opposite party No.1 further averred that the complainant obtained only 16 kilograms of Green Gram seeds, those were sufficient for Ac.2.06 gts.  The total yielding of Green Gram per acre is 2 quintals, accordingly, the complainant will get 5.2 quintals from the seed, obtained from the opposite party No.2.  The complainant raised the Green Gram as inter crop mixing with Red Gram, the main crop is Red gram.  The yielding of inter crop is depends upon main crop, the subsidiary crop will given additional benefit.  Further the opposite party No.1 also stated that the minimum support price for Green Gram was Rs.4,850/- per quintal.  So, the complainant will get Rs.25,000/- only.  The cost of cultivation for Green Gram is up to Rs.5,000 to Rs.6,000/- per acre and the income derived from the crop is at Rs.10,000/- to Rs.12,000/- per acre.  For Green Gram crop, not necessarily to apply pesticides and fertilizers as it is a short term crop.  The yielding of crop is depending not only on seed quality but also depending on some other factors like climatic conditions, soil fertility, crop management practices, usage of pesticides and fertilizers.  The complainant started cultivation of Green Gram one month later, whereas, the other farmers started one month prior to the crop of complainant.  In penuballi mandal, there was an excess rain fall in the month of September 2015.  The normal rain fall is 147 mm but actual rain received at 309 mm, due to which, the flower drop was occurred and the crop was affected with fungal disease, the same was observed by the scientists of A.R.S., Madhira on 21-11-2015.  The opposite party No.1 further submitted that its role was only to educate the farmers on latest technology and to create awareness for following agricultural practices and as such there is no negligence or deficiency of service on its part and prayed to dismiss the complaint with exemplary costs.  

5.      Along with the Counter the opposite party No.1 filed exhibits B-1 & B-2.

6.      In view of the above submissions, now the point that arose for consideration is,

Whether the complainant is entitled to the relief as prayed for?

Point:-       

It is the case of the complainant that he had purchased 5 packets of LGG-460 Green Gram seeds from the opposite party No.2 through opposite party No.1 and sowed the same in the lands, taken on lease by following all the precautions.  Despite following all the procedures as required there was no flowering, pod formation even after 2 ½ of months from the date of sowing.  Upon which, approached the Mandal Agriclutural Officer, Penuballi and submitted a written complaint on 21-09-2015.  The M.A.O., who visited the field and opined that the crop was damaged due to defective seeds supplied by the opposite parties and as such by alleging the deficiency of service filed the present complaint by praying to award compensation for loss of crop.  On the other hand the opposite party No.1 contended that the complainant purchased only 4 packets of seeds, those were sufficient for sowing Ac.2.06 guntas of land, the normal yielding per acre is 2 quintals, accordingly, the complainant will get 5.2 quintals of yielding only.  The complainant raised the Green Gram with Red Gram as inter crop.  The opposite party No.1 selected the complainant and other 39 farmers under NFSM pulses for promoting production of pulses.  The complainant raised the crop 1 month late for Khareef season and also contended that in the month of September 2015  there was excess rain fall in Penuballi Mandal, recorded as 309 mm, due to which, the flower drop was occurred.  In support of its version, filed field inspection reports, marked under Exhibits B-1 and B-2.  Exhibit B-1 is the field inspection report given by scientists of A.R.S., Madhira.  Exhibit B-2 is also the field inspection report, issued by opposite party No.1/Mandal Agricultural Officer.  As per exhibit B-2 the complainant sowed the Red Gram with Green Gram as inter crop in Ac.3.00 guntas of land on 20-07-2015 and as per Exhibit B2 the opposite party No.1 visited the crop of complainant on the very next date of receiving of complaint i.e. on 22-09-2015 and found that the crop was at flowering to pod formation stage with excessive vegetative growth.  Each plant has 8 to 10 pods.  Again she visited the field on 07-10-2015 and observed that the crop has ripened pods and flowering with infested leaves, despite that the said report has no findings regarding the quality of seeds and no where it was mentioned that the seeds supplied by the opposite party No.2 were of defective.  Moreover, the Mandal Agricultural Officer clearly stated in her counter that the flower drop was occurred due to excessive rain fall during the relevant period.  As per Seed Act, the Mandal Agricultural Officer is the qualified person, so, the findings of her cannot be brushed aside, if there is any irregularity, the complainant can take proper steps by filing sufficient evidence to disprove the same.  In the absence of sufficient material in support of his case, we cannot come to the conclusion in favour of complainant.  Therefore, the point is answered accordingly against the complainant.

7.      In the result, the complaint is dismissed.  No costs.

           Typed to dictation, corrected and pronounced by us in the open forum, on this the 12^th day of July, 2017.

Member                   Member               President

                                                          District Consumer Forum,

Khammam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite party  

       None                                                                          None

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite party

Member                   Member               President

                                                          District Consumer Forum,

Khammam.