Haryana

StateCommission

A/1355/2017

KARNAIL SINGH - Complainant(s)

Versus

IFFCO LIMITED - Opp.Party(s)

DHRITI J. SHARMA

27 Mar 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                         First Appeal No.1355 of 2017

                                                Date of Institution:10.11.2017

                                                          Date of order:27.03.2023

 

Karnail Singh S/o Sh.Gulzar Singh, R/o Village Ramgarh Majra, Tehsil Babyal, District Ambala.

…..Appellant

Versus

Iffco Limited, Shop No.160, New Grain Market, Ambala City.

…..Respondent

 

CORAM:    S.P. Sood, Judicial  Member

                   Suresh Chander Kaushik, Member

                  

Present:-    Mr. D.J.Sharma, Advocate for theappellant.

                   Mr.Raman Gaur, Advocate for the respondent.

F.A. No.1357 of 2017

Date of Institution: 13.11.2017

Date of order: 27.03.2023

 

Indian Farmers Fertilizer Cooperative Limited (IFFCO), KissanSewa Kendra, Shop No.107, New Grain Market, Ambala City, presently through its State Marketing Manager, Haryana, IFFCO Sadan, Sector 28-A,Chandigarh.

…..Appellant

Versus

Karnail Singh S/o Sh.Gulzar Singh, R/o Village Ramgarh Majra, Tehsil Babyal, District Ambala.

…..Respondents

CORAM:    S.P. Sood, Judicial  Member

                   Suresh Chander Kaushik, Member

                  

Present:-    Mr. Raman Gaur, Advocate for theappellant.

                   Mr.D.J.Sharma, Advocate for the respondent.

 

                                                ORDER

S P SOOD, JUDICIAL MEMBER:

Vide this common order above mentioned two appeals bearing No.1355 of 2017 and F.A. No.1357 of 2017will be disposed of as boththese appeals have been preferred against the order dated 04.10.2017 passed by the District Consumer Disputes Redressal Forum, Ambala (in short ‘District Commission).

2.       The brief facts of the case are that the complainant had purchased two varieties of seeds PUSA 1121 and PUSA 1509 vide cash memo No.410493 and 410494 respectively dated 03.05.2014 for obtaining export quality Basmati Rice from the opposite party (OP) during the Kharif season 2014.   After sowing these seeds in 9 acre of his field, he came to know that all of the seeds were infected  with BEKANI disease. On 29.05.2014,  He reported the matter to the OP and its local Manager, who inspected his field on 30.05.2014 and submitted the report to its Karnal office on 03.06.2014. The Project officer of the OP alongwith Local Manager visited the field on 06/07.06.2014 and found his complaint to be genuine and team of the OP instructed the complainant to spread Zinc, Urea and Carbodism on his crop. The complainant also lodged complaint with the DDO, Ambala on 11.06.2014. A committee of three persons was constituted, which inspected the field on 25.06.2014 and submitted its report vide letter No.2774 dated 08.07.2014. Inspection team found that paddy plantation to be infected with BEKANI disease.This is how complainant suffered a loss of Rs.80,000/- per acre of his land as entire lot of seeds sold by the OP were infected. The complainant requested OP to pay him some compensation but to no avail. Thus there being negligence and deficiency in service on the part of the OP, hence the complaint.

3.      Notice issued to the OP.   The OP appeared and filed its written statement.  It was submitted that OP always sell good quality seeds which were duly certified by “Haryana State Seed Certificate Agency”. The crop in question has suffered Bekani disease as complainant has not taken proper measures like watering and irrigation facilities, supply of nutrients, effective use of fertilizers and pesticides. The report submitted by the DAA Ambala was not trust worthy as inspection was conducted by a committee comprising of three persons but for conducting inspection there must be committee of 4 persons i.e. two officer from Agriculture Department, one from concerned Seed Agency and one Scientist from KGK/KVK/IRI or HAU and report should be submitted to office immediately. The OP No.1 has also sold good quality seeds to the complainant duly certified by Haryana State Seed Certified Agency and seeds in question sown by complainant have suffered Bekani disease due to his own negligence.  Thus there was no negligence or anything like deficiency in service on the part of the OP and prayed for dismissal of the complaint.

4.      After hearing both the parties, the learned District Commission, Ambala has allowed the complaint vide order dated 04.10.2017, which is as under:-

“In view of above discussion, the present complaint is hereby partly allowed with costs which is assessed at Rs.5,000/- and OP is directed to comply with the following direction within thirty days from receipt of copy of order:-

1. To pay a sum of Rs.45,000/- on account of loss as assessed above & Rs.1920/- + 5280/- (Rs.7200/- being cost of the purchased seeds) to the complainant alongwith interest @ 9% per annum from the date of filing of complaint till its realization.”

5.      Feeling aggrieved therefrom, O.P  as well as complainant have preferred these appeals.

6.      Arguments heard. With their kind assistance entire record of both of the  appeals as well as that of the District Commission including whatever evidence has been led on behalf of  both the parties has been properly perused and examined.

7.       It is not disputed that complainant purchased seeds PUSA 1121 and PUSA 1509 vide cash memo No.410493 and 410494 on 03.05.2014 for sowing Basmati export quality rice from the opposite party (OP) for the Kharif season 2014.   It is also not in dispute that after sowing the crops in his land were found to be infected and he came to know that this has happened as all the seeds were infected  with BEKANI disease.   It is also not disputed that upon his complaint, a committee was constituted by the Agriculture Department. The required inspection was carried out and report dated 08.07.2014 shows that entire paddy plantation was found to be infected with Bekani disease and the said team also found that PUSA 1121 planted by the complainant after purchasing from other source was not infected in any manner. The inspection report Ex.C-11 reveals that 20% PUSA 1121 and 40% PUSA 1509 were infected with the disease of Bekani and report also revealed that the farmer has definitely suffered loss of his crop.  The said inspection report Annexure C-11 revealed thatit was only 20% PUSA 1121 and 40% PUSA 1509 which was infected with the disease.  The report issued by Agriculture department cannot be ignored.  The learned District Forum has adequately and properly compensated the complainant and directed the O.Ps. to pay Rs.45,000/- on account of loss suffered by the complainant alongwith interest @ 9% as compensation. The learned District Commission has righty allowed the complaint of the complainant partly.

8.      Resultantly, the contentions raised on behalf of the present appellantsin both the cases stands rejected as rendered no assistance and found to be untenable and the order passed by the learned District Commission does not suffer from any illegality or perversity and is well reasoned and accordingly stands maintained for all intents and purposes.  Hence, both appeals bearing No.1355 of 2017 and F.A.No.1357 of 2017 stands dismissed on merits.

9.      The statutory amount of Rs.25000/- deposited at the time of filing the appeal bearing No.1357 of 2017 be refunded to the respondentNo.1-complainant-Karnail Singh against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

10.              Application(s) pending, if any stand disposed of in terms of the aforesaid order.

11.              A copy of this order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The order be uploaded forthwith on the website of the commission for the perusal of the parties.

12.              File be consigned to record room.

13.              The original judgement be attached with appeal No.1355 of 2017 and certified copy be attached with appeal No.1357of 2017.

 

27^thMarch, 2023       Suresh Chander Kaushik            S. P. Sood                                                                Member                                             Judicial Member    

S.K(Pvt. Secy.)