Haryana

Jind

173/13

Balwan - Complainant(s)

Versus

Vikas Trading Company - Opp.Party(s)

Sh. B.S. Sheokand

31 Dec 2014

ORDER

BEFORE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JIND.

                                           Complaint No. 173 of 2013

   Date of Institution: 31.7.2013

   Date of final order: 2.1.2015

Balwan son of Sh. Hazur Singh resident of village Jheel, Tehsil Narwana, District Jind.  

                                                             ….Complainant.

                                       Versus

1. Vikas Trading Company Krishna Gali, Narwana-12616, Tehsil Narwana, District Jind through its Proprietor.
2. Shakati Vardhak Seeds Private Limited (Address not known, to be disclosed by respondent No.1).

                                                         …..Opposite parties.

                          Complaint under section 12 of

 

Before: Sh. Hari Singh Khokhar, President.

            Smt. Bimla Sheokand, Member

                              

Present: Sh. B.S. Sheokand Adv. for complainant.

             Opposite party No.1 already ex-parte.

            

ORDER:

            The brief facts in the complaint are that  the complainant is an agriculturist by profession and  had purchased 20Kgs paddy PB-1121 seeds for a sum of Rs.460/- vide cash memo No.8011 dated 4.6.2012 from opposite party No.1, which is manufactured by opposite party No.2.  At the time of purchasing the above seeds, the opposite party No.1 gave assurance that seeds is approved and standard quality. The complainant has sown paddy seeds in his 4.5 acres of land.  After

                        Balwan Vs. Vikas Trading etc.

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sowing the plants, the  plants were found off type plants as there was mixing in the seeds. After this, the complainant  moved an application before the Deputy Director Agricultural about mixing of seeds. The team was constituted by the Deputy Director Agriculture  and the team of Agriculture Department inspected the field of the complainant on 23.10.2012 and reported the seeds contains off type paddy plant upto 30-34% in it. Due to supply of sub-standard mix-branded paddy seeds he has suffered a huge loss.  The complainant visited the shop of opposite party No.1 and requested to compensate him but the  opposite party No.1 did not pay any heed on the request of the complainant. Deficiency in service on the part of the opposite parties is alleged. It is prayed that the complaint be accepted and opposite parties be directed to pay a sum of Rs.75,612/-  on account of loss of crops, a sum of Rs.20,000/- as compensation on account of mental pain and agony as well as to pay a sum of Rs.11,000/- as litigation expenses to the complainant.

2.     Notice issued to opposite party No.1 received back with report that he has refused to take the summons. Hence, opposite party No.1 was proceeded against ex-party vide order of this Forum dated 29.9.2014.  

3.     In ex-parte evidence, the complainant has produced his own affidavit Ex. C-1, copy of cash memo Ex. C-2, copy of J-Form Ex. C-3 and letter dated 15.11.2012 Ex. C-4 and closed the evidence.

4.     We have heard the arguments of Ld. Counsel of complainant and also perused the record placed on file. The complainant had purchased

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2 thalies (20Kgs) PB1121 paddy seed for a sum of Rs.460/- vide cash memo No.8011 dated 4.6.2012 manufactured by opposite partyNo.2 from opposite party No.1 Ex. C-2. The above said seed was sown by the complainant in his 4.5 acres of land and upon germination of the plants, the complainant noticed mixing of seeds. After this, the complainant moved an application to Deputy Director Agriculture about the mixing of plants. Upon which the expert team inspected the field of complainant on 23.10.2012 and reported that the seeds contains off type paddy plants up to 30-34% in it. Inspection report dated 15.11.2012 Ex. C-4 is reproduced as under:-

        ‘The joint team visited the paddy field on 23.10.2012 of Balwan

        s/o Sh. Hajur Singh village Jheel along with the farmer. The

        farmer had sown variety PB-1121 in 4.5 acre, purchased from

        M/s Vikas Trading Company, Narwana. It was observed that

        about 30-34% off type plants were present in the field’.

 

In the above report, the khasra and killa number which were inspected by the expert committee have not been mentioned. The complainant in  his complaint has not mentioned the khasra and kill number of land in which the seeds were sown. He has not produced the copy of jamabandi and khasra girdawari of land in support of his case being a farmer, in the absence of which he cannot be termed as farmer. In view of this the case of the complainant does not stands proved.

5.     Keeping in view of the facts and circumstances of the case, we find no deficiency in service on the part of the opposite parties. The

 

 

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complaint of complainant is hereby dismissed. Parties will bear their own costs. Copies of order be supplied to the parties under the rule. File be consigned to the record-room.

Announced on: 2.1.2015

                                                                 President,

          Member                         District Consumer Disputes                                                                  Redressal Forum, Jind