CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO. 175 OF 1999 Date of filing : / /1999

IN CONSUMER COMPLAINT NO. 19 OF 1995 Date of order : 04/03/2009

DISTRICT CONSUMER FORUM : PARBHANI



Jindal Traders (Seeds Company)

Jindal House, Talna thru A.R.

Shri Ramesh Manohar Chadidar,

R/at Jalna. … Appellant/org. O.P.No.2

V/s.

1. Laxman Babarao Gore

R/o. Umari Malyachi

Tal. & Dist. Parbhani. … Respondent/org. complainant

2. Anoop Seeds Company

Bakat Bharatnagar,

Near New Shivaji Statue, Jalna.

3. Ramchandra Patil Seed Producer

Sahakari Maryadit, Railway Station

M.I.D.C. Aurangabad. … Respondents/org. O.P.Nos.4&5


Corum : Justice Mr.B.B. Vagyani, Hon’ble President
Shri S.R. Khanzode, Hon’ble Judicial Member

Present: None for the appellant.

Respondent No.1 Laxman B. Gore in person.

None for rest of the respondents.

- : ORAL ORDER :-
Per Justice Mr. B.B. Vagyani, Hon’ble President

None present for the appellant. Respondent No.1/org. complainant Mr.Laxman B. Gore present in person. Presence of other respondents is not necessary to dispose of the appeal filed by org. O.P.No.2 in the consumer complaint No.19/1995.

It is averred in the appeal memo that seeds manufactured by Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad, found defective as per report submitted by District Seeds Grievance Redressal Committee. Therefore, it is alleged in the appeal memo that appellant cannot be held liable to pay compensation to the org. complainant. The District Consumer Forum no doubt has come to a conclusion that the seeds manufactured by Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad were defective. However, District Consumer Forum has given reasons for imposing secondary liability on the appellant. The appellant purchased seeds manufactured by Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad and sold the seeds under their label. The disputed seeds were purchased by the complainant from Durgeshwari Seeds & Fertilisers, Parbhani. Durgeshwari Seeds & Fertilisers, Parbhani purchased disputed seeds from the appellant. Therefore, District Consumer Forum imposed primary liability to pay compensation on the manufacturer and imposed secondary liability on the appellant, in case amount of compensation is not recovered from Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad. We do not think that District Consumer Forum has committed any error in imposing secondary liability on the present appellant. Primary liability is imposed on Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad. The complainant/decree holder can very well execute the award against Ramachandra Patil Seeds Producer Co-op. Society, Aurangabad by resorting to Section 25 & 27 of Consumer Protection Act, 1986. In the result, we pass the following order :-

-: ORDER :-

1. Appeal stands dismissed with no order as to costs.

2. Copies of the order be furnished to the parties.





(S.R. Khanzode) (B.B. Vagyani)

Judicial Member President