BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.SundaraRamaiah, B.Com B.L., President
And
Sri.M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Tuesday the 31st day of May, 2011
C.C.No 34/2010
BETWEEN:
Y.Rami Reddy, S/o. PeddaRanga Reddy,
R/o.Chindukuru, GadivemulaMandal, Kurnool District.
…Complainant
-Vs-
1 The Proprietor, Sri Vijaya Lakshmi Seeds,
Shop No.4, Municipal Complex,
Near R.T.C. Bus Stand,
Nandyal.
2. M/s. Sun Gold Agri-Genetics (INDIA) Private, Limited 5 Plot No.12,
Sri Sai Enclave Old Bowenpally, Secunderabad.
…Opposite ParTIES
This complaint is coming on this day for orders in the presenceof Sri V.Nagalakshmi Devi, Advocate for complainant and Sri S.Md.GhouseBasha, Advocate for opposite party No.1 and opposite party No.2 set exparte for upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri.M.Krishna Reddy, Male Member)
CC. No. 34/2010
1. This complaint is filed by the complainant under section 11 and 12 of C. P. Act, 1986 seeking a direction on opposite parties for payment of :-
(a) Rs.31,930/- towards expenditure incurred on onion crop cultivation.
(b) Rs.2,16,000/- as crop loss.
- Rs.50,000/- towards compensation for mental agony.
- And to pass other order which is deem to be fit and proper in this case.
2. The complainant is a small former owning 2 acres of land with a bore well. He raised onion crop in one acre purchasing 7 Pockets of Sungene Onion Seeds of N-53 Variety from opposite party No.1 who is an agent of opposite party No.2 for marketing. Opposite party No.2 is a seed producer. The opposite party No.1 issued a bill on 09-09-2009 bearing No.61/21 and lot No.R 08 – 8bB – 5511/600.Two days after the purchase, the complainant sowed the seeds in the nursery beds taking necessary Precautions and care. After 45 days he transplanting the seedlings in the main filed and followed the methods and suggestions of Onion cultivation given in the VyavasayaPanchangam of N.G.Ranga Agriculture University and directions of Horticulture officials. The total duration of the crop is 120-140 days. No formation of bulb started even after 120 days which is expected after 60 days. On the request of the complainant on 10-02-2010, the Assistant Director Horticulture appointed his officials to inspect the onion crop. The officials who inspected the crop gave suggestions to complainant for proper crop management and also submitted a report about the crop condition to the Assistant Director. Despite the care taken by the complainant, the crop failed and he sustained a total loss of Rs.2,47,930/-. The complainant informed about the loss to opposite party No.1, who gave assurance for the compensation with the consultation of opposite party No.2. As the opposite parties did not take any steps to compensate the loss for a very long time though they promised, the complainant filed this case before the Forum praying a direction on opposite parties for the payment as claimed by him under different hands.
3. The sworn affidavit and documents marked as Ex.A1 to A4 are filed by the complainant to support his case.
4. Admitting the Purchase of seeds of N-53 variety by the complainant, the opposite party No.1 denied his liability to the complainants claim. The opposite party No.1 avered that the complainant had raised onion crop for the first time in a suitability untested soil taking theoretical guidance from VyavasayaPanchangam of N.G.Ranga Agriculture University which in practical will differ, because the yield output depends on many factors including climatic factor. More over the complainant adopted unseasonal sowing. The opposite party No.1 also submitted that Genetic Purity Test and Grow out Test which are essential to determine the fault of the seed were not done. Further no assurance was given to the complainant that the crop would give 120 Quintals/Acrsyield. In order to have wrongful gain the complainant instead of reporting the matter to seed Inspector Cum Mandal Agriculture Officer, approached Horticulture Department, got filed inspection done in the absence of opposite parties. The opposite party No.1 further stated that as per rule 7 of seeds rules 1968, the seed producing company is responsible for defective and spurious seeds but not a seed dealer, who sells the seeds for few margin. The opposite party No.1 also submitted that he sold 80 K.gs seed of same variety to number of other farmers from 25-03-2009 to 09-10-2009. Except this complaint, no other complaint received to prove that this seed is defective. Hence there are no merits in the complaint and prayed for the dismissal of the case with cost.
5. To prove his case the opposite party No.1 filed his Sworn Affidavit and document marked as Ex.B1.
6. Opposite party No.2 was called absent and set exparte.
7. Deposition of M.A.Akbar, Assistant Director, Horticulture-II, Kurnool was marked as P.W.1 Ex.X1, the appointment of Assistant Director Horticulture as Commissioner, Ex.X2, the letter of Assistant Director to this Forum and Ex.X3 the report of Director of Onion and Garlic Research, Pune are also marked.
8. The complainant and opposite party No.1 submitted their written arguments.
9. Hence the points for consideration are:
- Whether the complainant had made out any case against opposite parties to prove deficiency on their part?
- Whether the complainant is entitled for compensation as claimed for?
- To what compensation?
10. Points 1& 2 :- Forum the averments made in the complaint and the denial of entitlement as pleaded by the opposite party No.1, the reasons for failure of onion crop attains Primary importance. The unsuitability of soil for onion crop, poor crop cultivation management and spurious or defective seeds are the main reasons for crop failure. Ex.A2, the Truthful Label, on which it is written that N-53 Variety is adoptable to the state of Andhra Pradesh, under standard growing and management conditions. So soil testing for its suitability to raise onion crop is least required. Ex.A4 the letter of the complainant to Assistant Director Horticulture Department, in which it was stated the complainant had followed the methods and suggestions givenin VyavasayaPanchangam of N.G.Ranga Agriculture University and Directions of Horticulture Officials in Panchanama. Ex.X2, the letter of Assistant Director, Horticulture tothis Forum along with Panchanama. As per Ex.X2, the Assistant Director Horticulture-II, Kurnool, who was appointed as Commissioner by this Forum inspected the field of the complainant along with Scientist of Horticulture Research Station, Mahanandi, Kurnool and Horticulture Officer of the concerned area and reported that the package of Practice adopted by the complainant was fairly good with assured irrigation. Further as P.W.1 the Assistant Director deposed that the land is suitable for raising onion crop and the crop management by the complainant was more than average. Ex.X3, the Analysis report of Director Onion and Garlic Research, Pune to the samples and photographs sent by Assistant Director Horticulture-II and Commissioner. In the report it was pointed out that the samples and photographs do not at all represent N-53
Variety. Basing on the report the P.W.1 deposed that the failure of onion crop was due to defect in the seed. In view of the findings reached above, the Forum holds that the opposite parties are4 responsible for crop loss and the complainant is entitled to receive compensation from them.
11. Point 3 :-The claim of Rs.2,47,930/- towards expenditure and crop loss is disproportionate. Generally the net crop gain per acre after the deduction of expenditure for cultivation with average crop management and rate fluctuation would be Varying from Rs.50,000/- to one lakh. Hence the average of the above i.e. Rs.75,000/- is allowed as compensation. For mental agony Rs.5,000/- is sanctioned.
12. In the result, the complaint is allowed directing opposite party No.1 and opposite party No.2 jointly and severally to pay compensation of Rs.75,000/- for crop loss, Rs.5,000/- for mental agony and the cost of case of Rs.500/-. The time for compliance is one month from the date of receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 31stof May, 2011.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :P.W.1 For the opposite parties:Nill
List of exhibits marked for the complainant:-
Ex.A1 Seed purchase bill dated 09-09-2009 for Rs.700/- of Sri Vijayalakshmi Seeds,Nandyal.
Ex.A2. Two Truthful Lablebags of opposite party No.2.
Ex.A3 Adangal of Y.Rami Reddy of Chindukur village, GadivemulaMandal, Sy.No.307.
Ex.A4 Photo copy of letter dated 10-02-2010 of complainant to Assistant Director, Horticulture Department, Kurnool.
Ex.X1 Commissioner Warrant in I.A. 06/2010 in C.C.34/10.
Ex.X2 Photo copy of Panchanama dated 28-03-2010.
Ex.X3 Photo copy of report of Directorate of Onion and Garlic Research Pune, dated 05-04-2010.
P.W - 1 Deposition of PW-1 of M.A.Akbar, dated 30-11-2010 and 14-12-2010.
List of exhibits marked for the opposite parties:-
Ex.B1 Photo copy of Invoice No.SAG-834 dated 18-03-2009.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
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Complainant and Opposite parties :
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