(Delivered on 14/03/2017)

Per Mr B A Shaikh, Hon’ble Presiding Member

1.         All these  ten  appeals  bearing Nos. A/10/188 to A/10/197 are  being disposed  of by  this common  order as the common question of law and facts is  involved in  all of them. These ten appeals are filed by the  same opposite party (for short O.P.) No. 1- Seeds Producing Company against  the two common  identical  orders dated 11/02/2010 & 03/02/2010 passed by the District Consumer Forum, Bhandara  in ten consumer complaints bearing Nos. 135/2009, 136/2009, 138/2009, 139/2009, 140/2009, 143/2009, 144/2009, 145/2009,  161/2009 and  162/2009 by which identical  directions  have been given to the O.P.No. 1/appellant  to refund  25% of price of the seeds in two complaints bearing Nos. 161/2009 & 162/2009 and to refund  in  rest of the eight  complaints,  30% of price of the seeds, to the respective complainant.

2.         The common facts in brief  giving rise to all these ten appeals  are as under:

            The original complainants  who are the respondents  in all these  ten appeals  had purchased  paddy seeds  of same quality  & batch  from the original O.P. No. 2- Dealer  as produced  by the O.P.No. 1/appellant for the price mentioned  in each of the complaint. However, after sowing  said seeds,  they found that  though the seeds were  germinated  and crop was grown  there was adulteration in the crop  due to adulterated seeds and therefore they made a complaint to the Development  Officer (Agricultural), Panchyat Samittee, Tahsil Mohadi, District Bhandara.  Accordingly, the said authority  went to the respective  fields of each of  complainant  and inspected the crop and found that there was adulteration  in the crops. The percentage of the adulteration  was given  by him in the report  submitted about inspection  of each of the land  of the complainant.  The complainants  alleged that  they suffered loss due to   adulterated seeds as specified in their  respective complaint. Therefore, alleging  unfair trade practice  on the part of  the O.P.Nos. 1&2, the aforesaid  ten  complaints were filed before the Forum by the respective complainant  claiming  compensation  with interest and cost as specified  in each of the  said complaint.

3.         All the  said complaints  were  resisted  by the O.P.Nos. 1&2 by filing  reply in each of the complaint . They denied  that  the seeds were adulterated  and complainant  suffered loss due to that reason. The  original O.P.No. 1/appellant  had come  with a case in brief  that  its  seeds are pure and seeds were  germinated . They got permission from the Government after testing  of the seeds also  from the Government Laboratory. Moreover, no prescribed procedure was followed  by the agricultural officer as per   Government Notification  about  the inspection of the crop. The complainant did not seek analysis from  the laboratory for  showing that  the seeds are  adulterated.  Therefore, the O.P. No. 1 had prayed  that  all the complaints  may be dismissed.

4.         The District Consumer Forum after hearing both the parties and considering evidence  brought on record passed  common   impugned order in two complaints  bearing Nos. 161/2009 & 162/2009 and another common order is rest of  eight  complaints and directed the O.P. No. 1/appellant  to refund  25% of the price of the seeds in two complaints bearing No. 161/2009 & 162/2009 and to refund  30% price of the  seeds  to  the respective complainant  in rest of the eight complaints.  The Forum also directed that  the original  O.P.No. 1/appellant  shall pay to  each of the complainant  Rs. 2000/- towards loss sustained  by them and Rs. 1000/-  cost of each of the complaint.

5.         The  appellant /O.P.No. 1 has filed  these ten  appeals  against the said impugned  orders. The respondent/original complainant   in all these appeals  failed to appear though duly served with notices, issued before admission  of appeals to them. All these appeals  were then  listed  for hearing  on admission on 27/06/2016. None appeared for the appellant  on 27/06/2016. Then  all these appeals  came to be adjourned  till 10/08/2016. Thereafter, the appeals came to be adjourned till 20/01/2017 f for hearing  before admission.  None appeared for the appellant  and respondents on 20/01/2017 also for hearing  on admission of appeals.  The appeals therefore came to be adjourned  till this date  for appropriate order. Today also none  appeared for the appellant  and respondents. Therefore, we  have  proceeded to decide  all these appeals  on merits  at the stage of  admission. We have  considered the material  placed before us by the appellant/ original O.P.No. 1 in all these  appeals.

6.         We find no reason  to disbelieve  the aforesaid  case of  all the respondents  and  panchanamas of the  concerned officer of Panchyat Samittee, Mohadi produced before us in each of the appeal.  The said officer after due inspection  of the crop of all the complainants  in their  fields   found that  the crop was adulterated . He has given percentage  of the adulterated  crop in each  of the panchanama. The Forum has rightly relied on the said panchanamas/reports  of the said  expert.

            Moreover,  the separate inspection  report  is also produced  in  respect of each of the crop showing  the percentage of the adulteration in the crop.

7.         The  original O.P.No. 1/appellant  produced no material  on record to rebut the said panchanamas and reports  produced on record by the respective complainants.  Thus we find that  when the  crop was found  adulterated by the expert as above, the Forum has rightly  accepted the case of the complainants/respondents and rightly  disbelieved  the aforesaid case of the  original O.P.No. 1/appellant.  The Forum has given direction  to refund  only  part of the price of the seeds to the extend  of  25% or 30%. The Forum has not granted any compensation  towards  actual loss sustained  by the  respondents, due to adultrated seeds.  However, it appears  that  respondents/original  complainants  not  filed  appeals against  that  order and  they are satisfied   with the impugned orders.

8.         Hence,  we  are thus  of the view that  there is no merit in these  then  appeals and  they deserve to be dismissed.

ORDER

i.          All these ten  appeals  bearing Nos.  A/10/188, A/10/189, A/10/190, A/10/191, A/10/192, A/10/193, A/10/194, A/10/195, A/10/196  and A/10/197  are hereby dismissed at the stage of admission.  

ii.          No order as to cost in all these appeals.

iii.         Copy of order be furnished  to both the parties  in all  these ten  appeals,  free           of cost.