Haryana

StateCommission

A/254/2016

YAD RAM - Complainant(s)

Versus

VAISHNAVI TRADERS - Opp.Party(s)

ARUN GUPTA

27 Apr 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                       

First Appeal No.254 of 2016

Date of Institution:25.03.2016

Date of Decision:27.04.2016

 

Yad Ram S/o Jot Ram R/o Village Khairi Tehsil Thanesar, Distt. Kurukshetra.

     …..Appellant

                                                Versus

1.       Vaishnavi Traders (Registered) Shop No.115, Palika Shopping complex through partners/owners, New Name Sukh Maaya Traders Private Limited, Shop No.115, Palika Shopping Complex, Thanesar, Kurukshetra, through its Managing Director.

2.       Company of seed to be disclosed by respondent No.1.

         …..Respondents

CORAM:     Mr. R.K.Bishnoi, Judicial Member.
                   Mrs.Urvashi Agnihotri, Member.

 

Present:-     Mr.Arun Gupta, Advocate for the appellant.

 

O R D E R

 

URVASHI AGNIHOTRI MEMBER:

 

1. Yad Ram, complainant is in appeal against the Order dated 26.02.2016 passed by the learned District Consumer Disputes Redressal Forum (for short ‘District Forum’), Kurukshetra, whereby his complaint for refund of price paid by him for the purchase of Haldi seed and pesticides etc. against the Vaishnavi Traders, Kurukshetra has been dismissed.  
2. In brief, the complainant purchased 6.5  quintals seed Haldi @Rs.5500/- per quintal for total amount of Rs.33750/- after discount of Rs.2000/- on 08.02.2012 vide bill No.10 issued by OP-1. The complainant had also purchased pesticides vide bill No.7 dated 28.01.2012. The OP-1 also assured that the pesticides in question were of very good quality and yield a good crop of Haldi. On the advice of the OP, the complainant sowed the said seeds in February, 2012 to get more yield as the OP assured that if this seed was sown in February, then it would give yield up to 200 quintal. The complainant observed all the instructions given to him by OP-1 in sowing the land measuring 8 kanals comprised in Khewat No.32, Khatoni No.73, Killa No.1201 (80) situated in village Bodla tehsil Thansesar vide Jamabandi for the year 2009-2010. He  spent a huge amount of Rs.65875/- for 10 trolly gobar khad, khudayi, sapling, preparation of land and water etc. The pesticides supplied by OP-1 were not genuine and the yield was not given of Haldi and complainant obtained report vide memo No.781 dated 20.06.2012 from the District Horticulture Officer, Kurukshetra whose team visited the spot on 19.06.2012 and made report. Aggrieved against this, the complainant approached the District Forum claiming Rs.3,00,000/- as compensation and damages etc. totaling Rs.3,65,875/-.
3. In reply, OP-1 pleaded that the complainant was neither the consumer of the OP nor he had ever purchased turmeric seeds from the OP nor did the OP issue any type of bill to the complainant. The OP never made any assurance with the complainant as falsely alleged by the complainant, thereby fully denying the averments in the complaint. Finding, no deficiency in service on the part of the OP, the learned District Forum agreeing with the stand taken by the OP dismissed the complaint vide order dated 26.02.2016.
4. Against the impugned order dated 26.02.2016, the   complainant has filed the present appeal reiterating his submissions as made by him before the District Forum, claiming huge compensation for the loss.
5. We have heard the learned counsel for the appellant and have also      gone through the record. In nutshell, the appellant has contended that           despite documentary evidence produced by him in support of his claim      regarding the purchase of seed and pesticides, the learned District    Forum wrongly dismissed the complaint. These contention of the appellant do not have any merit as the crux of the whole dispute is as to whether the crop of Haldi was sown by the complainant at the appropriate time or not. The OP has successfully proved on the record that as per instructions of the Haryana Agricultural University, Hisar, the proper time for sowing the crop of Haldi was from May to July and not in February. Since, the complainant failed to observe the time schedule of sowing the crop, there was no deficiency on the part of the OP. Hence, we do not find any legal infirmity in the impugned passed by the learned District Forum, Kurukshetra. The appeal is without any merit, hence dismissed with no order as to costs.

 

April 27th, 2016

Mrs.Urvashi Agnihotri, Member, Addl.Bench

R.K.Bishnoi, Judicial Member Addl.Bench

S.K.