Karnataka

Chitradurga

CC/45/2015

Sri. Eshwarappa S/o. Bheemappa - Complainant(s)

Versus

The Proprietor and Authorized Dealers, Ganga Kaveri Seeds Isiri Agro Agencies - Opp.Party(s)

Shri.C.J.Lakshminarasimha

09 Mar 2016

ORDER

 

 

COMPLAINT FILED ON:08.05.2015

DISPOSED      ON:09.03.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 45/2015

 

DATED:  9^th MARCH 2016

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

                   SRI.H.RAMASWAMY        : MEMBER

                   B.Com., LL.B.,(Spl.)       

                   SMT.G.E.SOWBHAGYALAKSHMI :  MEMBER                                    B.A., LL.B.,

……COMPLAINANT	Eshwarappa, S/o Bheemappa, Agriculturist, Hosahalli village, B-Durga Hobali, Holalkere Taluk, Chitradurga.   (Rep by Sri. C.J. Lakshminarasimha, Advocate)
…..OPPOSITE PARTIES	1. The Proprietor and Authorized Dealers of Ganga Kaveri Seeds, Isiri Agro Agencies Ajay Medical Complex,Private Bus Stand, Challakere, Chitradurga. 2. The Managing Director/The Authorized Officer, Ganga Kaveri Seeds Pvt. Ltd., No.1406, Babhkhan Estate, Basheerbagh, Hyderabad-500001, Andhrapradesh.   (Rep by Sri. C.S. Tyagarajan, Advocate for OP No.2, OP No.1 ex-parte)

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay compensation of Rs.3,50,000/- with interest, cost and etc.

2.      The brief facts of the case of the above complainant are that, he is the agriculturist by profession, owning  and possessing agricultural land and knows the management practice of cotton crops.  Being an advertisement and at the instance given by the OPs about the Ganga Kaveri Cotton Seeds, complainant purchased Ganga Kaveri Seeds Cotton Seeds manufactured and produced by OP No.2 through the dealer i.e., OP No.1.  At the time of purchasing the said seeds, OPs told that, the said cotton seeds are very goods seeds and they will give good yield to the farmers.  At the instance of OPs, in order to get good and better yield with an intention to earn income, complainant purchased 8 pockets of GK SUPER BOLL BG II, GK 218 BD II Ganga Kaveri Seeds from OP No.1 by paying Rs.7,440/- at the rate of Rs.930/- per pocket through original Receipt No.1041 on 02.04.2014 and sown the said seeds in his agricultural land bearing Sy.No.53, 12/5 and 13 of Hosahalli village, B-Durga Hobali, Holalkere Taluk.  After sowing the said seeds, complainant has given good fertilizers, pesticides and taken necessary steps from time to time as recommended by the OPs but, the germination of the above seeds were very poor and there is no yield of cotton crop since there was a defects and problems in the said seeds as they were very low quality.  It is further submitted that, complainant approached Assistant Director of Agriculture, Holalkere and took report from the Agriculture and Horticulture University, Shimoga.  The officers of the said Department visited the lands and inspected the crops and told that, the cotton nuts in GK SUPER BOLL BG II, GK 218 BD II have very poor yield and germination is also poor and in their report 86% of cotton nuts are not opened for each cotton plant and for whole cotton crops and asked to contact the specialists in cotton crops.  It is further submitted that, the cotton seeds supplied by the OPs are defective and there is no question of yielding the cotton crops by the farmers and as such, the cotton crop failed because of supply of defective and substandard seeds by the OPs to the complainant.  Senior Scientists and Senior Specialists have inspected the land and crop of the complainant and told that the crops were failure for so many reasons but, mainly for defectiveness in the cotton seeds which were supplied by the OPs.  The land of complainant is fertile and also having good soil for growing cotton crop and he was growing cotton seeds 10-12 quintals per pocket every year.  If the said seeds were grown, the complainant will get approximately 80-96 quintals for 8 pockets and will get at least Rs. 3 to 3.5 Lakhs excluding the agricultural labour and expenses.  Hence, the complainant has suffered loss of crop which amounting to Rs.3,50,000/- after deducting the cultivation cost and also suffered mental agony.  He has raised loans due to failure of cotton crops and complainant is paying interest for the same and hence, he is entitled to get the same from OPs.  So, the OPs have committed deficiency of service by supplying the defective seeds and so this complaint has been filed for the above said reliefs and etc., and prayed for allowing the complaints. 

 

3.      On service of notice OP No.1 nor its Advocate appeared before this Forum nor filed any version.  Hence, OP No.1 placed ex-parte.  On service of notice, OP No.2 appeared through Advocate Sri. C.S. Tyagarajan and filed version stating that, OP No.2 is the manufacturer and producer of the cotton seeds and established and running the company in the name and style of Ganga Kaveri Seeds Pvt. Ltd., is true but the allegation that, OP No.1 is the dealer of Ganga Kaveri Seeds and established and running the agencies in the name and style of Isiri Agro Agencies that may be true or may not be true, and the same is not known to OP No.2.    Complainant is the agriculturist by profession, owning  and possessing agricultural land and he knows the management practice of cotton crops.  Such being the case, an advertisement and at the instance given by the OPs about the Ganga Kaveri Cotton Seeds, complainant purchased Ganga Kaveri Cotton Seeds manufactured and produced by OP No.2 through the dealer i.e., OP No.1.  At the time of purchasing the said seeds, OPs told that, the said cotton seeds are very good seeds and they will give good yield to the farmers.  At the instance of OPs, in order to get good and better yield with an intention to earn income, complainant purchased 8 pockets of GK SUPER BOLL BG II, GK 218 BD II Ganga Kaveri Seeds from OP No.1 by paying Rs.7,440/- at the rate of Rs.930/- per pocket through original Receipt No.1041 on 02.04.2014 are all false.  The alleged material purchased by the complainant from OP No.1 is not the product of OP No.2 and there is no corresponding link of OP No.2 with the OP No.1.  The sowing of the said seeds in his agricultural land bearing Sy.No.53, 12/5 and 13 of Hosahalli village, B-Durga Hobali, Holalkere Taluk are all false.    The allegations made in para 5 to 8 are denied as false and there is no cause of action to file this complaint and this complaint has been filed to make wrongful gain and it is liable to be dismissed.  It is further submitted that, complainant purchased 8 pockets of GK SUPER BOLL BG II, GK 218 BD II Ganga Kaveri Seeds from OP No.1 by paying Rs.7,440/- at the rate of Rs.930/- per pocket through original Receipt No.1041 on 02.04.2014 which may be true or may not be true but, the said product was not belongs to OP No.2 and this OP No.2 has not sold the said product to OP No.1, such being the case, the question of said product belongs to OP No.2 does not arise at all and OP No.2 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 complaint.

 

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-10 were got marked. The Regional Manager of OP 2 has examined as DW-1 by filing the affidavit evidence and no documents have been got marked.   

5.      Arguments of both the sides heard.

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

(1)  Whether the complainant prove that the cotton 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, OP No. 1 and 2 are the dealer and manufacturer of cotton Seeds and at the instance of OPs, in order to get good yield and with an intention to get income, the complainant has purchased 8 pockets of GK SUPER BOLL BG II, GK 218 BD II Ganga Kaveri Seeds from OP No.1 by paying Rs.7,440/- at the rate of Rs.930/- per pocket through original Receipt No.1041 on 02.04.2014 and sown the said seeds in his agricultural land bearing Sy.No.53, 12/5 and 13 of Hosahalli village, B-Durga Hobali, Holalkere Taluk.  Complainant has given good fertilizers, pesticides and taken necessary steps from time to time as recommended by the OPs but, the germination of the above seeds were very poor and there is no yield of cotton crop since there was a defects and problems in the said seeds as they were very low quality.  Complainant approached the Assistant Director of Agriculture, Holalkere and they took report from the Agriculture and Horticulture University, Shimoga.  The officers of the said Department visited the lands and inspected the crops and given a report that, the cotton nuts in GK SUPER BOLL BG II, GK 218 BD II have very poor yield and germination is also poor and in their report 86% of cotton nuts are not opened for each cotton plant and for whole cotton crops and asked to contact the specialists in cotton crops and told that, the cotton seeds supplied by the OPs are defective and there is no question of yield the cotton crops by the farmers and as such, the cotton crop failed because of supply of defective and substandard seeds by the OPs to the complainant.  Senior Scientists and Senior Specialists have inspected the land and crop of the complainant and told that the crops failed for so many reasons but, mainly for defectiveness in the cotton seeds.  Complainant was growing cotton seeds 10-12 quintals per pocket every year and will get approximately 80-96 quintals for 8 pockets and will get at least Rs. 3 to 3.5 Lakhs excluding the agricultural labour and expenses and hence, the complainant has suffered loss of crop which amounting to Rs.3,50,000/- after deducting the cultivation cost.  So, the OPs have committed deficiency of service by supplying the defective seeds and prayed for allowing the complaints. 

 

 9.     In support of his contention, the complainant has filed his affidavit evidence and reiterated the contents of complaint and relied on the documents like original Receipt No.1041 for having purchased cotton seeds dated 02.04.2014 marked as Ex.A-1, Copies of R of R belongs to lands of complainant marked as Ex.A-2 to 4, Copy of legal Notice dated 26.01.2015 issued to the OPs marked as Ex.A-5, Copies of postal acknowledgements marked as Ex.A-6, True copy of letter written by the complainant to the Assistant Director of Agriculture, Chikkajajur, Holalkere and endorsement marked as Ex.A-7, True copy of  yield of crops report dated 31.08.2015 issued by the Assistant Director of Agriculture, Chikkajajur, Holalkere marked as Ex.A-8, True copy of price list of Cotton Crops issued by the APMC, Chitradurga marked as Ex.A-9, Cotton Seeds Pocket marked as Ex.A-10. 

   10.           On the other hand, it is argued by the OP No.2 that, they are the dealer and manufacturer of cotton seeds.   It is further argued that, the product which was purchased from OP No.1 on 02.04.2014 but, OP No.1 purchased the product i.e., GK 218 DG Super Boll from OP No.2 on 06.05.2015, as such there is no link or connection between the product which was purchased by the complainant from OP No.1 on 02.04.2014.  The report given by the Agricultural Department experts is fully silent and doubtful and there is no authenticity in its opinion and the complainant has not got any contact with the higher experts.   The OPs have not done any deficiency of service on their part and     prayed for dismissal of the complaints.

 

             11.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant has purchased 8 pockets of GK SUPER BOLL BG II, GK 218 BD II Ganga Kaveri Seeds from OP No.1 by paying Rs.7,440/- at the rate of Rs.930/- per pocket through original Receipt No.1041 on 02.04.2014 and sown the said seeds in his agricultural land bearing Sy.No.53, 12/5 and 13 of Hosahalli village and has given good fertilizers, pesticides and taken necessary steps from time to time as recommended by the OPs but, the germination of the above seeds were very poor and there is no yield of cotton crop as there was a defects and problems in the said seeds and they were very low quality.  Inspite of his best efforts and careful supervision, the cotton 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. The complainants approached the Agriculture Department who visited the lands of the complainant and opined that the cotton seeds were defective in quality and because of that the complainants have spent lot of money for the cultivation of the crop, pesticides, fertilizers etc.,  because of supply of defective seeds, they suffered mental agony and financial loss.  The complainants have prayed for awarding compensation of Rs.3,50,000/- for mental agony, harassment, financial loss etc., for the act of the OPs in supplying the defective seeds.  Considering the facts and circumstances of the case, we feel that, it is just and proper to award compensation by deducting 20% towards cultivation and labour expenses etc., to the complainant, which comes a sum of Rs.2,80,000/-,  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. 

 

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

ORDER

            It is ordered that, the 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. 2,80,000/- as compensation to the complainant with interest at the rate of 9% p.a from the date filing this complaint till realization. 

 

            It is further ordered that, the OPs are hereby directed 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 order within 60 days from the date of this order. 

             (This order is made with the consent of Members after the correction of the draft on 09/03/2016 and it is pronounced in the open Court after our signatures.)        

 

                                     

 MEMBER                                                                      MEMBER    

                  

PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Regional Manager of OP 2 by way of affidavit evidence. 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Copy of original Receipt No.1041 for having purchased cotton seeds dated 02.04.2014
02	Ex-A-2 to 4:-	Copies of R of R belongs to lands of complainant
03	Ex-A-5:-	Copy of legal Notice dated 26.01.2015 issued to the OPs
04	Ex-A-6:-	Copies of postal acknowledgements
05	Ex-A-7:-	True copy of letter written by the complainant to the Assistant Director of Agriculture, Chikkajajur, Holalkere and endorsement issued by the Assistant Director of Agriculture, Chikkajajur, Holalkere
06	Ex-A-8:-	True copy of  yield of crops report dated 31.08.2015 issued by the Assistant Director of Agriculture, Chikkajajur, Holalkere
07	Ex-A-9:-	True copy of price list of Cotton Crops issued by the APMC, Chitradurga
08	Ex.A-10:-	Cotton Seeds Pocket marked as Ex.A-10.

Documents marked on behalf of OPs:

-Nil-

 

 

MEMBER                                                             MEMBER  

 

          PRESIDENT

Rhr**