Karnataka

Chitradurga

CC/92/2016

Sri Basavraja s/o M.B.Veeranna - Complainant(s)

Versus

The Proprietor and Authorised Dealers of Indo/America Hybrid Seeds(india) Pvt Ltd., - Opp.Party(s)

Sri.M.V.Veeranna

22 Apr 2017

ORDER

 

 

COMPLAINT FILED ON:04.10.2016

DISPOSED      ON:22.04.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:92/2016

 

DATED:  22^nd APRIL 2016

PRESENT:- SRI. T.N. SREENIVASAIAH   : PRESIDENT                                   B.A., LL.B.,

                   SMT.N. THIPPESWAMY           :  MEMBER                                       B.A., LL.B.,

Basavaraja S/o M.B. Veeranna, Age: 30 Years, Mannekote Village, Challakere Taluk, Chitradurga District.   (Rep by Sri.C.J. Lakshmi Narasimha, Advocate)	……COMPLAINANT/S
V/s
1. The Proprietor and Authorized Dealers of Indo/America Hybrid Seeds (India) Pvt. Ltd., Thipperudra Swamy Fertilizers, Ajjanagudi Road, Challakere, Chitradurga District.   2. The Managing Director/The Authorized Officer, Indo/America Hybrid Seeds (India) Pvt. Ltd., 7th Kilo Meter, Banashankari-Kengeri Link Road, Channasandra Village, Subramanyapura Post, Uttarahalli Hobali, Bangalore-61.   (Rep by Sri.S.G. Dileep Kumar, Advocate)	…..OPPOSITE PARTIES

ORDER

SRI. T.N. SREENIVASAIAH    PRESIDENT

The above complaints have been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.4,50,000/- as compensation with interest at 12% p.a, Rs.50,000/- towards mental agony and etc.

2.      The brief facts of the case of the complainant are that, he is an agriculturist by profession, owning land bearing sy.No.3 measuring 2-0 Acres situated at Mannekote village of Challakere Taluk.    OP No.1 is the authorized dealer of Indo America Hybrid Seeds running the business in the name of Thipperudra Swamy Fertilizers.  OP No.2 established and running the company in the name of Indo/America Hybrid Seeds.   Being an advertisement and at the instance given by the OPs about the above said seeds manufactured and produced by them that, they will give good yield, complainant has purchased 3 packets of Indo Marshal Synth Seeds from OP No.1 by paying Rs.4,350/- under receipt No.2462 on 25.05.2016  and sowed the said seeds in 2-acres of land in sy.No.3 of Mannekote village in Challakere Taluk.  It is further stated that, after sowing the above said seeds, the complainant has given fertilizers, pesticides and water in time as recommended by the OPs.  But the germination of the seeds was poor, formation of the bulb was poor, there was a problem of pre-mature bolting, onion bulb splitting, low bulb yield and less qualities.  It is further stated that, being suspecting the defectiveness in the seeds, they approached the concerned Assistant Director of Agriculture, they told the complainants that, the crop was failed because of the sub-standard and defective seeds supplied by the OPs.  The complainant has knowing fully well about the management practice of the onion crop.  The land of the complainant is fertile and having good soil for growing onion crop and they were grown 80-100 pockets per packet every year and so also the complainant has expected the yield to the extent of Rs.4-5 Lakhs excluding the agriculture labour and the complainant has suffered a loss to the tune of Rs.4,50,000/-.  So, the OPs have committed deficiency of service by supplying the defective seeds and so the complaint has been filed for the above said reliefs and etc., and prayed for allowing the complaint. 

3.      On service of notices, OPs appeared through Advocate S.G. Dilipkumar and filed version.  The gist of the version filed by the OPs are that, it is stated that, OP No.1 is not the authorized dealer of Indo/American Hybrid Seeds (India) Pvt. Ltd., but the authorized dealer is Proprietor,  M/s Shambhavi Enterprises, Chitradurga, they have supplied the Onion Indo Marshal Seeds to all the dealers of Chitradurga District. It is only a sub-dealer and rest of the allegations made in para 2 are admitted.  It is further submitted that, the complainant has not done seedling thinning to maintain the population.  Complainant has not followed the proper instructions of the OPs and other experts, on the contrary the complainant has not followed the procedure namely supply of water, maintenance of fertilizers and pesticides as and when required and not followed the guidelines of Agricultural Department.  The plant protection chemical and other chemical used by the complainant was not proper or not used as per experts report and they have sown the seeds in lowest fertility of land, as a result there was a chance of loss of crop.  It is further submits that, the OPs have sold good verity of seeds tested by the ISTA, therefore the question of low quality and germination of seeds does not arise.   OPs are well reputed company in India and supplying onion seeds and other seeds all over India and other countries.  They have not done any mistake while manufacturing, packing and marketing the onion seeds and it is not liable to pay any damages to the complainant as alleged and therefore, there is no deficiency of service on its part and prayed for dismissal of the complaints.

4.      Complainant has examined as PW-1 by filing affidavit evidence and Ex.A-1 to A-8 documents were got marked. The Sales Executive of OPs One Sri. M. Prabhakarareddy has examined as DW-1 by filing the affidavit and documents have been marked as Ex.B-1 to B-8.   

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the onion seeds purchased by him from the OPs are defective and he has suffered loss and thereby OPs have committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

                        REASONS ON POINT NO.1

8.      It is not in dispute that OPs 1 and 2 in the above complaint are the sub-dealers and sellers of Onion Seeds and the complainant has purchased Indo/America Onion Seeds from OPs by paying considerable amount and sown the said seeds in his land.  The OPs have given assurance that, the said seeds will give good yield etc.  After sowing the above said seeds, the complainant has given fertilizers, pesticides and water in time as recommended by the OPs.  But the germination of the seeds was poor, formation of the bulb was poor, there was a problem of pre-mature bolting, onion bulb splitting, low bulb yield and less qualities.  On suspecting the defectiveness in the seeds, they approached the concerned Agriculture Department, they told the complainants that, the crop was failed because of the sub-standard and defective seeds supplied by the OPs and they informed to the Scientists about the failure of the onion seeds.  The land of the complainant is fertile and having good soil for growing onion crop and they were grown 80-100 quintals per pocket in the previous year and so also the complainant has expected the yield to the same extent per acre.  The complainant has made a huge expenses towards purchase of seeds, cultivation, fertilizers, manure and pesticides to get the onion crop.  The complainants were expecting good yield i.e., 80-100 pockets per packet but, due to defective seeds supplied by the OPs, he has suffered huge loss. So, the OPs have committed deficiency of service by supplying the defective seeds and so these complaint has been filed for the above said reliefs and etc., and prayed for allowing the complaint. 

9.      In support of his contention, the above complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like Receipt for having purchased onion seeds dated 25.05.2016 marked as Ex.A-1, legal notice dated 06.07.2016 marked as Ex.A-2, Reply to the Legal Notice dated 21.07.2016 marked as Ex.A-3, Postal receipts and served postal acknowledgements marked as Ex.A-4 and Ex.A-5, letter dated 22.06.2016 written by complainant to the Assistant Director of Agriculture marked as Ex.A-6, Soil Test report and water test reports issued by Agriculture Technical Board, Chitradurga marked as Ex.A-7 and Ex.A-8.

10.    On the other hand, it is the contention of OPs that, they are the Proprietor and Authorized Dealers of onion seeds.   The complainant has not done seedling thinning to maintain the population and not followed the proper instructions of the OPs and other experts, on the contrary the complainant has not followed precautions given by the OPs namely supply of water, maintenance of fertilizers, pesticides as and when required and not followed the guidelines of Agricultural Department.  The plant protection chemical and other chemical used by the complainant was not proper.  The report of the ISTA shows there is no bulb splitting, poor bulb formation and bolting in the field of the complainant.  The complainant has not produced field panchanama.  OPs are well reputed company and it is taking very much care in manufacturing the onion seeds as well as on packing and the seeds were released only after the report given by the Seeds Testing Laboratory and signed by the Quality Contract Department.  The OPs have not done any mistake while manufacturing, packing and marketing the onion seeds and therefore, there is no deficiency of service on their part and     prayed for dismissal of the complaints.

 11.   In support of their contention, OPs have filed affidavit evidence of One Sri. M. Prabhakarareddy, Sales Executive and reiterated the contents of version and relied on the documents and relied on documents like Certified copy of notice dated 06.07.2016 marked as Ex.B-1, reply notice dated 21.07.2016 marked as  Ex.B-2, letter dated 07.11.2016 of Indo/American Hybrid Seeds marked as Ex.B-3, Seeds Analysis report marked as Ex.B-4, Postal receipts and acknowledgement marked as Ex.B-5, Seeds Analysis report marked as Ex.B-6 and Seeds Testing Laboratory report issued by Sri. G.V. Jagadish, Seed Laboratory Head, IN07 Bangalore marked as Ex.B-7 and Certificate of membership of ISTA marked as Ex.B-8.    

 

            12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it is clearly made out that, the complainant has purchased the Indo/American Onion Seeds from the OPs, the dealers by paying considerable amount.  The complainant is the agriculturist having agricultural land and since the complainant wanted to raise Onion Crop in his land and on the advice and assurance given by the OPs, he purchased Indo/American Onion seeds from OPs by paying considerable amount and sown the same in his land as mentioned supra under proper guidance and assistance and took all necessary steps for the growth of Onion, but inspite of their best efforts and careful supervision, the Onion seeds did not germinate properly as assured and published by the OPs the percentage of germination of grown crop was very less against the assurance given by the OPs and the formation of the bulb was also poor, there was a problem of pre-mature bolting, onion bulb splitting etc.  The complainant approached the Agriculture Department and they opined that the Onion seeds were defective in quality and because of that the complainant has spent lot of money for the cultivation of the crop, pesticides, fertilizers etc., because of supply of defective seeds, complainant suffered mental agony and financial loss.  The complainant has prayed for awarding compensation for mental agony, harassment, financial loss etc.  Now a days it is very difficult for the farmers to cultivate the lands because, the labour charges, the price of fertilizers, pesticides are very high.   However, the act of the OPs in supplying the defective seeds amounts to deficiency in service which causes mental agony, financial loss and harassment to the complainant.  The farmers are the Annadata to the nation so, the farmers are liable to be compensated.  Considering the facts and circumstances of the case, we feel that, it is just and proper to award Rs.75,000/- per acre to the complainant as a compensation, Rs. 10,000/- towards mental agony and Rs.5,000/- being the costs of the proceedings.  With this, we answer Point No.1 partly in the Affirmative. 

            13.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            It is ordered that, complaint filed by the complainant u/Sec.12 of C.P Act is hereby allowed in part.

            It is further ordered that, the OPs are hereby directed to pay a sum of Rs.1,50,000/- as compensation to the complainant with interest at the rate of 9% p.a from the date of complaint till realization.  

            It is further directed the OPs to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings.

            It is further ordered that, the OPs are hereby directed to comply the above said order within 30 days from the date of this order. 

            (This order is made with the consent of Member after the correction of the draft on 22/04/2017 and it is pronounced in the open Court after our signatures.)    

 

                                     

MEMBER                                                    PRESIDENT

:ANNEXURES:

Witnesses examined on behalf of Complainant:

PW-1:  Complainant/s by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Sales Executive of OPs by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Receipt for having purchased onion seeds dated 25.05.2016
02	Ex-A-2:-	Legal notice dated 06.07.2016
03	Ex-A-3:-	Reply to the Legal Notice dated 21.07.2016
04	Ex-A-4 & 5:-	Postal receipts and served postal acknowledgements
05	Ex-A-6:-	Letter dated 22.06.2016 written by complainant to the Assistant Director of Agriculture
06	Ex.A-7 & 8:-	Soil Test report and water test reports issued by Agriculture Technical Board, Chitradurga

Documents marked on behalf of OPs:

01	Ex-B-1:-	Certified copy of notice dated 06.07.2016
02	Ex-B-2:-	Reply notice dated 21.07.2016
03	Ex.B-3:-	Letter dated 07.11.2016 of Indo/American Hybrid Seeds
04	Ex.B-4:-	Seeds Analysis report
05	Ex.B-5:-	Postal receipts and acknowledgement
06	Ex.B-6:-	Seeds Analysis report
07	Ex.B-7:-	Seeds Testing Laboratory report issued by Sri. G.V. Jagadish, Seed Laboratory Head, IN07 Bangalore
08	Ex.B-8:-	Certificate of membership of ISTA

 

 

MEMBER                                                    PRESIDENT

Rhr**