Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1085 of 2017

Nirmal Singh s/o Shri Hajari Singh,

R/o Vill. Sahdeyia, Post, Tarawna, P.S.,

Punnuganj, District, Sonbhadra U.P.                   …Appellant.

Versus

1- Manager, B.N.R. Seeds Pvt. Ltd. & ors.,

    Office address, Orked, opposite Rajkumar Baumoja,

    J.E. Road, Raipur, Chhattisgarha-1492001

2- Proprietor Maurya Beej Bhandar, Omprakash

    Maurya s/o Shri Ram Dulary Maurya, R/o Vill.,

    Baheri(Brahmmpur), Post, Kaithi, District,

    Sonbhadra U.P.                                           …Respondents.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble, Sri Vikas Saxena, Member.

Sri Anil Kumar Mishra, Advocate for appellant.

None appeared for respondents.

Date  1.2.2023

JUDGMENT

Per Sri Sushil Kumar,  Member:-   This appeal has been filed against the judgment and order dated 30.5.2017 passed by the Ld. District Forum, Sonbhadra in complaint case no.244 of 2016, Nirmal Singh vs. Proprietor, Maurya Beej Bhandar & anr., whereby the ld. District Forum directed the defendant no.2/respondent no.1 to pay Rs.1,16,200 as compensation and further directed to pay Rs.2,000.00 for mental and physical agony and Rs.2,000.00 for the expenses of case.

This judgment and order is challenged by the complainant/appellant Nirmal Singh on the ground that the ld. District Forum passed the judgment against the facts and evidence. The complainant submitted before the ld. District forum that cost of seed is Rs.16,200.00, expenses of

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meditation of crops is Rs.68,000.00, fertilizer expenses Rs.34,230.00, plantation expenses Rs.25,000.00, ploughing charges Rs.5,000.00, watering expenses Rs.10,000.00, labour charges for removal of herbs and other works is Rs.96,500.00. Therefore, the complainant is entitled to get Rs.11,00,000.00 alongwith interest @8% p.a.

          We have heard the ld. Counsel for appellant/ complainant. None appeared for the respondents.  

          This appeal has been filed for enhancement of compensation. The question of deficiency in service is settled by the ld. District Forum in its judgment which is unchallenged, therefore, there is no need to discuss on the point of deficiency in service cause by the defendants/ respondents.

          We have to discuss on the point of compensation alone. As per allegation of the complainant, he cultivated 5 bighas of land for the purpose of in swing seeds purchased from the defendant/respondent no.1 but as per the report of District  Horticulture Officer, Sonbhadra, the complainant cultivated only 2.50 bighas of land for the crops and not 5 bighas as mentioned by the complainant in his complaint. This report is submitted by independent District Horticulture Officer. Therefore, this report cannot be doubted unless proved otherwise. So we may consider the probable expenses incurred by the appellant in preparation of crops in 2.50 bighas piece of land.

          The ld. counsel for the appellant/complainant submitted that average yield in the chili crop VNR 305 is about Rs.1,25,000.00 in one acre but since the report of District Horticulture Officer proved that the complainant/appellant

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cultivated only half of the land to produce the chili crops, therefore, on the basis of this report the complainant is entitled to get Rs.3,00,000.00 and not Rs.6,00,000.00 as mentioned by the appellant/complainant in the memorandum of appeal.   

          The appellant is further entitled to receive cost of seeds which comes to Rs.8,100.00, expenses of medication of crop  Rs.34,000.00, expenses of fertilizer Rs.17,115.00, expenses of plantation Rs.12,500.00, ploughing charges Rs.2,500.00, watering expenses Rs.5,000.00 and labour charges Rs.48,250.00 totaling to Rs.1,26,465.00. Therefore, the appellant/complainant is entitled to get total Rs.4,26,465.00.    

ORDER

          Appeal is allowed in part. The judgment and order dated 30.5.2017 passed by the Ld. District Forum, Sonbhadra is hereby amended to this extent that the appellant/complainant will get Rs.4,26,465.00 as compensation alongwith interest @6% p.a. from the date of filing of the complaint till the date of actual payment. Rest part of the judgment is confirmed.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

          (Vikas Saxena)                           (Sushil Kumar)                              

                Member                              Presiding Member

Judgment dated/typed signed by us and pronounced in the open court. Consign to record.

           (Vikas Saxena)                           (Sushil Kumar)                              

                Member                              Presiding Member

Jafri, PA  I                             

Court 2