Complainant/s:      1)   Sri. Vittala S/o Balappa Ganachari, Age:46 Yrs, Occ:Agricutlurist, R/o Mundargi Tq:Mundaragi Dist:Gadag.

                                       2)   Basavaraj S/o Balappa Ganachari

                                             Age:48 Yrs, Occ:Agriculturist,

                                             R/o Mundargi Tq:Mundaragi                                                Dist:Gadag.

                                             (Rep. by Sri.M.B.Nadgoudar, Advocate)

V/s

JUDGEMENT DELIVERED BY SMT. YASHODA BHASKAR PATIL, MEMBER

                The complainants have filed the complaint U/Sec.35 of the C.P. Act, 2019  for supply of defective seeds for a sum of Rs.3,15,000/- with interest @ 18% p.a., Rs.10,000/- towards mental agony and cost.

             1.    The brief facts of the complaint are as under:

       The complainants are brother’s and they are joint owners of Sy. No.343/4 measuring 03 Acres 19 Guntas  and Sy.185. They have purchased 360 KG  Groundnut seeds for Rs.23,700/- from OP No.2 and OP No.1 is the manufacturer of the seeds. They have sowed seeds in the above said lands  as per instructions given by OP No.2.  But the said seeds did not have proper germination. They have spent huge amount for seeds fertilizer etc., a sum of Rs.75,000/-.  If  seeds supplied  were of  good quality, they would have earned Rs.60,000/-  per acre.  So they have suffered a total loss of Rs.3,15,000/-.  They have issued an application on 01.01.2020 and legal notice on 03.03.2020 to the OPs but they did not heed their request.   So Ops  have committed deficiency of service.  Hence, filed this complaint.

       2.   In pursuance of service of notice, OP No.1 appeared through counsel and OP No.2 appeared through DGP and OP No.1 filed written version.

       3. The brief facts of the Written Version filed by OP No.1 are as under:

          OP No.1 denied the various allegations in the complaint.  OP No.1 contended that complainants have to satisfy regarding  the weather conditions prevailing at the time of sowing of the seeds and about whether   the climate was conducive. Due to Covid-19 pandemic, OP could not reply to the legal notice immediately. The OP No.1 has not committed any deficiency of service.  The National seeds corporation Ltd., is a Govt. of India undertaking.  Groundnut/TMV-2/TL Kernels seeds (Lot No.02-041-02-01-IND-40)  supplied by the NSC are according to the QCL test done  in Secunderabad.  The Groundnut/TMV-2/TL kernels supplied to RSK/Mundargi (Lot No.02.041-02-01-IND40) confirmed all the standards (Germination-87%,  Physical Purity-98.3 and Moisture-7.9%) as per the Indian Minimum Seed certification Standards (IMSCS) of Seed Act, 1966. Failure of seeds germination cannot be attributed to the seed alone. It is subject to various factors like, over watering, dry conditions of soil, deep placement of seed in soil, high temperature and high humidity etc. As per the field inspection report, there was 40-50% germination against the standard germination of 70%.  Improper package of practices accompanied with environmental conditions might have resulted in low germination. Nothing is mentioned in report submitted by seed testing laboratory Dharwad regarding as to whether the land is irrigated or not and there is no mention of climatic conditions about the said seeds sold to the 5 farmers, 3 out of them did not complain about quality or germination of seed supplied.  Hence, prays to dismiss the complaint.

          4.  To prove the case, first complainant filed affidavit evidence and was examined as PW-1 and got  marked the documents as Ex.C-1 to Ex.C-44.  Anilkumar B and Harshvardhan Y. S. for OP No.1 filed affidavit evidence and are examined as RW-1 & RW-2 and got marked the documents  as Ex.OP-1 & 2.

          5.   Heard the arguments on both the side. 

          6.   The points for consideration to us are as under:

1. Whether the complainants prove that there is

deficiency of service committed by Ops by

supplying defective seeds?.

relief sought for?

3. What Order?

   7.       Our findings on the above points are as under:

               Point No. 1:  Affirmative.

               Point No. 2:  Partly affirmative.

               Point No. 3:  As per the final Order

          REASONS

           8.      Point No.1 & 2:- The points are taken together to avoid the repetition of facts.

          The learned counsel for the complainant argued that, as per the affidavit evidence of PW-1 and documents x.C-1 to Ex.C-44 complainants proved the case and are entitled relief.

          The learned counsel for OP No1 argued that as per the evidence of RW-1, RW-2 and documents there is germination in the seeds and no deficiency of service is committed by the OP No.1.

          9.       On careful perusal of the materials placed before the Commission PW-1 has reiterated the contents of the complaint in affidavit as PW-1 has stated that the complainants are brother’s and they are joint owner of Sy. No.343/4 measuring 03 Acres 19 Guntas  and  R.S.185. They have purchased 360 KG  Groundnut seeds for Rs.23,700/- from OP No.2 and OP No.1 is the manufacturer of the seeds. They have sowed the seeds in the above said land as per the instructions given by OP No.2.  But said seeds did not have proper germination. They have spent a huge amount for seeds and fertilizer etc., to an extent of Rs.75,000/-.  If  the seeds were of good quality they would have earned Rs.60,000/-  per acre.  So they have suffered a total loss of Rs.3,15,000/-.  They have issued application and legal notice on 01.01.2020 and 03.03.2020 respectively but OPs did not heed to their request.   So Ops  have committed deficiency of service.

          10.  RW-1 & RW-2 have filed their affidavit and reiterated the contents of the written version and denied the various allegations in the complaint.  OP No.1 contended that complainants have to satisfy regarding the weather conditions prevailing at the time of sowing of the seeds and also whether the  climate was conducive. Due to Covid-19 pandemic, OP could not reply to the legal notice immediately. The OP No.1 has not committed any deficiency of service National seeds corporation Ltd., is a Govt. of India undertaking.  Groundnut/TMV-2/TL Kernels seeds (Lot No.02-041-02-01-IND-40)  supplied by the NSC are according to the QCL test done  in Secunderabad.  The Groundnut/TMV-2/TL kernels supplied to RSK/Mundargi (Lot No.02.041-02-01-IND40) confirmed all the standards (Germination-87%,  Physical Purity-98.3 and Moisture-7.9%) as per the Indian Minimum Seed certification Standards (IMSCS) of Seed Act, 1966. Failure of seeds germination cannot be attributed to the seed alone. It is subject to various factors like, over watering, dry conditions of soil, deep placement of seed in soil, high temperature and high humidity etc. As per the field inspection report, there was 40-50% germination against the standard germination of 70%.  Improper package of practices accompanied with environmental conditions might have resulted in low germination. Nothing is mentioned in report submitted by seed testing laboratory Dharwad regarding as to whether the land is irrigated or not and there is no mention of climatic conditions about the said seeds sold to the  5 farmers, 3 out of them did not complain about quality or germination of seeds supplied.

          11. Ex.C-1, bill issued by OP reveals that complainant No.2 purchased the seeds on 19.12.2019 from OP No.2.  Ex.C-2 reveals that 5 farmers purchased the seeds from OP. Ex.C-3 RTC bearing Sy. No.343/4 measuring 3 Acres 19 Guntas standing in the name of complainants along with other owners. Ex.C-4 land bearing Sy. No.185/3 measuring 4 Acres 9 Guntas in the names of complainant entered along with other owners.  Ownership of lands, Groundnut seeds purchased from Ops is not disputed by the Ops. In the complaint and Ex.C-5 notice they have stated about sowing of the Groundnut seeds in 4 acres land.   The affidavit filed by  PW-1 stated that they were sowing Groundnut only in Sy.No.343/4.  Whereas in complaint para No.2 they have subsequently written the Sy. No.185 also without mentioning the extent of land but as per Ex.C-4 RTC the said Sy. Number is measuring 4 Acres 9 Guntas which was not mentioned in the complaint. On perusing the   Ex.C-10 letter issued by OP No.2 specifically has mentioned that they have visited Sy. No.343/344 measuring 3 Acres 5 Guntas and inspected regarding the germination of seeds.  So the case of the complainant is that they have sown the Groundnut seeds in entire 4 acres is not proved as per Ex.C-3 Sy.No.343/4 which measuring only 3 Acres 19 Guntas. To show further another half Acre  of land as contended in complaint that they sown seeds in 4 acres,  they have produced  Ex.C-4, RTC bearing Sy.No.185.   But the complainant has not mentioned anything regarding the Sy.No. 185 in legal notice or affidavit, or even in the letter issued by OP No.2 regarding Sy.No.185/3 which is filed before the commission. So complainant failed to prove that they have sown the Groundnut seeds in Sy.No.185/3.   Ex.C-14 certificate issued by village accountant reveals that land Sy. No.344/2 measuring 8 Acres 3 Guntas is irrigated land. In fact Sy.344/2 and the certificate issued by the village accountant is not at all connected to the case on hand. The complainant  proved that they have sown the Groundnut seeds in Sy. No.343/4 measuring 3 Acres 19 Guntas  only.  Ex.C-13 bill issued by Agro Traders reveals that complainants purchased fertilizers for Rs.40,450/-,  Ex.C-5 & Ex.C-12 notice  issued by the counsel of complainant to Ops,  Ex.C-6 & 7 Postal receipts Ex.C-8 & 9 Postal acknowledgments are not disputed by the Ops Ex.C-10 letter issued by the OP No.2 reveals that  after the information being received from the complainants he visited  Sy. No.343/344 on 22.01.2020 and submitted the report.  Ex.C-11 is the certificate issued by Asst. Director of Agriculture seeds testing laboratory Dharwad to OP No.2 reveals that there is only 40% of germination of Groundnut seeds.  On the request of complainants Ex.C-16 to Ex.C-22 are produced by the Asst. Director of Agriculture Dharwad and Ex.C-23 to Ex.C-43 are produced by OP No.2.  Ex.C-16 to Ex.C-22 documents produced by seeds testing laboratory Dharwad reveals that as per model Groundnut seeds submitted by OP No.2 they have tested and conducted various examination and issued opinion stating that the  seeds are found germination as per the field inspection report there was only 40-50% germination as against the standard germination of 70%..

          12. RW-1 stated that the Groundnut TMV-2/TL Kernels supplied by the NSC are according to the QCL test done in Secunderabad  and have confirmed all the standards.  Ex.OP-1 Authorization letter is not disputed Ex.Op-2 is the Seed  analysis  report  issued by the NSC. Ltd., Secunderabad,  reveals  that the lab test variety Groundnut seeds sample coupon and remarks exhibit Op No.2 issued on 04.09.2019 are prior to sale of the seeds but on the contrary they have not challenged the analysis report submitted by Dharwad Ex.C-11.

          13. For the above, the  opinion report of seeds test Laboraty of Dharwad clearly goes to show that there is only 40%  germination as against the standard germination of 70%.  There is no reasons to disbelieve the test report and opinion issued by seeds test laboratory, Dharwad.  So complainants proved that the Groundnuts seeds purchased from Ops are defective,thereby they have sustained loss due to non-growing  Groundnut. Hence, complainants prove that Ops have committed the deficiency of service and unfair trade practice.

          14. So far as compensation is concerned,  complainants are claiming Rs.3,15,000/-. As stated above the complainants sown the Groundnut seeds in Sy. No.343/4 measuring 3 Acres 19 Guntas only. Ex.C-43 letter issued by Asst. Director  Mundargi, reveals that at Mundargi Taluku average Groundnut yield is 901 Kg per Acre. Ex.C-44 letter issued by Secretary Agriculture Produce Market Committee Mundargi, reveals that in the year 2020-21 rate of Groundnut minimum is Rs.6,520/-  maximum is Rs.8000/- average / moderate is Rs.7,260/- . So it is proper to consider the price of of Groundnut as Rs.7,260/-  per quintal. Taking into price of Rs.7,260/- per quintal it amounts to Rs. 65,340/- per acre. For 3 Acres 20 Guntas the total sum if Rs.2,28,690/- is rounded of Rs.2,29,000/-.  So the complainants are entitled for loss of Groundnut to an extent of  Rs.2,29,000/-.  Complainants have suffered mental agony due to non-growing of Groundnut crop, a sum of Rs.20,000/- towards mental agony and Rs.10,000/- towards cost of the proceedings. Accordingly, we answer point No.1 in affirmative and point No.2 partly in affirmative.

          15.     Point No.3:-In the result, we pass the following: 

           //O R D E R//

The complaint filed u/Sec.35 of the Consumer Protection Act, 2019 is partly allowed.

Complainants are jointly entitled for damage of crop due to supply of defective Groundnut seeds a sum of Rs.2,29,000/- with interest @ 9% p.a. from the date of complaint till realization.

Further complainants are entitled Rs.20,000/- towards mental agony and Rs.10,000/- towards cost of the proceedings.

Office is directed to send the copies of this order to the parties free of cost.

           (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us in the Open Court on this 30^th day of
July-2022)

,            

(Shri Raju N. Metri)      (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER

-: ANNEXURE :-

EVIDENCE ON BEHALF OF COMPLAINANT/S:

PW-1: Sri. Vittala S/o Balappa Ganachari,

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: Copy of bill.

Ex.C-2: Copy of Seeds purchased details.

Ex.C-3 & 4: RTC.

Ex.C-5: Legal notice.

Ex.C-6 & 7: Postal receipts.

Ex.C-8 & 9: Postal  acknowledgments.  

Ex.C-10: Letter issued by OP No.2 to complainant dtd:19.02.2020.

Ex.C-11: Copy of certificate issued by Asst. Director of Agriculture seeds    

                testing  laboratory Dharwad to OP No.2.

Ex.C-12: Copy of notice  issued by the counsel of complainant to Ops  

               dtd:03.03.2020.

Ex.C-13: Bill issued by Agro Traders.

Ex.C-14: Certificate issued by village accountant dtd:08.03.2021.

Ex.C-15: Asst. Director of Agriculture Seeds testing Laboratory, Dharwad   

               letter issued to this  Commission dtd:24.11.2021.

Ex.C-16: Certificate issued by Asst. Director of Agriculture seeds testing   

               laboratory Dharwad to OP No.2.

Ex.C-17 to Ex.C-22:Documents produced by seeds testing laboratory

                     Dharwad to OP No.2.

Ex.C-23 & 24: Copy of the private complaint bearing C.C. No.247/2020.

Ex.C-25 : Copy of letter issued by OP No.2.

Ex.C-26 : Copy of private complaint.

Ex.C-27 : List of notifications.

Ex.C-28 : Copy Govt. notification dtd:07.09.2016.

Ex.C-29 : Copy of Govt. notification  dtd:20.11.2018.

Ex.C-30 & 31: Copy of annexure -1, dtd:09.02.2017 and copy of letter  

                         of   Op No.2.

Ex.C-32 : Movement certificate Dtd:26.11.2019.

Ex.C-33 :Copy of Mahazar.

Ex.C-34 :Copy of seeds analysis report.

Ex.C-35 : Copy of letter issued by Farmers information Centre Mundargi

                dtd:25.02.2020.

Ex.C-36:Copy of letter issued by the Asst,Director  of Agriculture,

              Dharwad dtd:13.02.2020.

Ex.C-37:  Copy of form No.7.

Ex.C-38 : Copy of the notice issued by the office of the Asst. Director of

                Agriculture, Mundargi dtd:18.03.2020.

Ex.C-39: Copy of the letter issued by the National Seeds Corporation Ltd.,

               Bengaluru dtd:30.04.2020.

Ex.C-40 : Copy of the letter issued by the National Seeds Corporation Ltd.,   

                 Haveri dtd:30.04.2020.

Ex.C-41 : Copy of the Seeds  Analysis report dtd:04.09.2019.

Ex.C-42 : Copy of Movement certificate  dtd:16.11.2019.

Ex.C-43 : Copy of yield certificate of Groundnut

Ex.C-44:  For the year 2020-21 Groundnut priced details.

EVIDENCE ON BEHALF OF OPs:

RW-1 :Anil Kumar B.

RW- 2: Harshavardhan Y.S.

DOCUMENTS ON BEHALF OF OPs:

Ex.OP-1: Copy of Authorization letter dtd:16.08.2021.

Ex.OP-2: Seeds analysis report dtd:04.09.2019.

(Shri Raju N. Metri)    (Shri. D.Y. Basapur)     (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER