This C.C coming on before us for final hearing, on 18-7-2008 in the presence of  Sri. Y.Srinivasa  Rao, Advocate for Complainant , and in the presence of   Sri.A.Sarath Chander, Advocate for the opposite party No- 1 & 2; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Sri.K.V.Kaladhar, Member )

1.         This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;

2.     The brief facts of the complaint are that the complainant intended to raise the Chilly crop over the said land measuring to an extent of   Ac.1-00 gts in Sy.No.136  of Koyachalaka Revenue Village, Khammam Urban Mandal.  Having   attracted with the advertisement of  opposite parties about the germination and yielding of Tejaswini Chilly Seed, the complainant approached the opposite party No-1 and purchased the “Tejaswini Chilly  Seed vide receipt No.73 of 10 packets for Rs.1,886/- on 12-7-06,  which was manufactured produced, packed and marketed  by the opposite party No-2.

3.       The complainant after purchasing the seed have raised the said seed in the month of July-2006, by investing huge amounts and accordingly the crop has grown up, the complainant took all precautionary measures by applying  pesticides and fertilizers on the advise of Agriculture Officer,  Madapuram.  The Agriculture officer came to the field and opined that the crop was damaged only due  to defective seeds.  

4.      The opposite parties assured that the complainant certainly get 30 quintals  of Chilly crop per acre.  The complainant raised the crop in an extent of Ac.1-00gts,comes to Rs.25,000-00 /- i.e., ploughing, manures, transplantation etc.    But the complainant could not get single pie due to damage of entire crop.

5.       Hence  it is prayed (i) to direct the opposite party to pay Rs.75,000/-  to the complainant (ii) to award damages @ 25,000/- to the complainant for pain, suffering and mental agony caused  due to the inferior quality  of seed, supplied  by the opposite parties.(iii) to award costs of the complaint.

6.       That the complainant filed his affidavit along with the following documents:

(i)original receipt dated 12-7-06 for an amount of Rs.1,886/-

7.         After receipt of notice the opposite parties appeared through their counsel did not file counter.

8.     The point for consideration whether the complainant is entitled as prayed for?

9.     The complainant filed the petition I.A.No.502/07 to appoint an Advocate/Commissioner to inspect the field of the complainant to assess damages.  The advocate/commissioner did not file report best reasons known to him.

10.     Hence, we are of the opinion that to prove the defective seed the complainant must send a sample of the seed to agricultural laboratory and basing on the report of laboratory test we can come to the conclusion that due to defective seed the crop was failed or for some other reasons.  The complainant did not take any steps to send the seed for  laboratory  test.  Hence, he failed to prove that the seed is defective.  Hence the complaint is liable for dismissal.  Accordingly this complaint is dismissed.  The point is answered against the complainant.

11.      In the result the C.C. is dismissed.  No costs.

Typed to dictation,  Corrected and pronounced by us, in this Forum on this 4th day of   August, 2008.

                                                                  President         Member                   Member

                                                                       District Consumers Forum, Khammam

APPENDIX OF EVIDENCE

Nil

                                                   President        Member             Member                                                                             District Consumers Forum, Khammam