DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.57 of 15.2.2016

                                      Decided on:         9.2.2021

Avtar Singh S/o Sh.Joginder Singh R/o Village Todarpur, Tehsil Samana, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. M/s Namdhari Fruit Co., Fruit & Vegetable Commission Agents, Shop No.12, Shed No.2, Sabzi Mandi, Samana, District Patiala, through its Prop.Jhirmal Singh S/o Mohan Singh.
2. Jhirmal Singh S/o Mohan Singh R/o Village Gaji Salar, P.O.Rajla, Tehsil Samana, District Patiala, Sole Prop. of M/s Namdhari Fruit Co., Fruit & Vegetable Commission Agents

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Y.S.Matta, Member 

ARGUED BY              

                                      Sh.D.S.Anttal, counsel for complainant.

                                      Sh.Gurbaj Singh, counsel for OPs.                               

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Avtar Singh    (hereinafter referred to as the complainant) against Namdhari Fruit and another (hereinafter referred to as the OP/s) .
2. Brief facts of the complaint are that the OP No.1 is running the business of selling seeds of fruits and vegetables etc. and as such doing the business of fruit and vegetable commission agent through OP No.2.
3. It is averred that the complainant has been sowing the crop of peas and other vegetables apart from other crops in the agricultural land owned by him as well as in the land so taken by him from the last so many years. Accordingly he purchased seed of peas SR-3 weighing 5 qtl.20 kg. from OPs on 21.10.2015 @ Rs.270/- per kg for a total sum of Rs.1,40,400/- through Sh.Harish Kumar, Sole Prop. of M/s Durga Fruit Co. who assured that the same will germinate within 10-12 days from sowing. The complainant sowed the seed of peas in 8 killas of land situated at village Todarpur Tehsil Samana, District Patiala, as per the instructions of OP No.2 but after passing of 12 days the seed of peas did not germinate. Complainant approached the OPs, OP No.2 asked the complainant to wait for another 7 days but even after waiting of 7 days the seed of peas did not give any result.
4. It is averred that the OPs deliberately supplied fake and substandard seeds of peas and ruined the complainant as he had  taken the land on lease @Rs.50,000/- per killa for sowing the crops including for sowing the crop of peas. It is averred that if the seed of peas yielded good crop, then the complainant would have earned Rs.60,000/- per killa as profit but he could not and rather spent additional amount of Rs.15000/- per killa on the labour for sowing the seed of peas. The complainant also suffered from mental agony and harassment due to non growing of peas crop. Even after passing of 20 days the complainant could not sow the other crops in the land as the period for sowing the crops was already lapsed and as such as suffered total loss of Rs.12,40,000/- and OPs are liable to make good for the loss so suffered by him. The complainant also got served legal notice dated 14.1.2016 upon the OPs but to no effect. There is thus deficiency in service and unfair trade practice on the part of the OPs.
5. On this back ground of the facts, the complainant has filed this complaint with the prayer to accept the same by giving direction to the OPs to pay Rs.12,40,400/- alongwith interest @18% per annum till realization and also to pay relief which this Forum may deem fit.
6. Notice of the complaint was duly served upon the OPs who appeared through counsel and contested the complaint by filing written reply having raised preliminary objections that the complaint is not maintainable; that the complainant has concealed true and material facts from this Hon’ble Forum and that the complainant has not come before this Hon’ble Forum with clean hands, as such the complaint is liable to be dismissed.
7. On merits, It is admitted that OP No.1 is running the business of Commission Agent of OP No.2.It is denied that the OPs sold seeds in question to the complainant as they never dealt in the business of selling seeds as claimed by the complainant and are not liable to pay any amount to the complainant. It is submitted that reply to the legal notice was duly sent to the counsel for the complainant. The OPs after denying all other allegations prayed for the dismissal of the complaint.
8. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant, Ex.CB affidavit of Karam Chand, Ex.CC affidavit of Gurpreet Singh Lambardar, Ex.CD, affidavit of Madan Gopal, Ex.CE affidavit of Gulzar Singh, Ex.CF affidavit of Kulwant Kaur,Ex.CG affidavit of Navdeep Gupta alongwith documents Exs.C1 to C7 and closed the evidence.
9. On the other hand, the ld. counsel for OPs has tendered in evidence Ex.OPA affidavit of Jhirmal Singh,Ex.OPB affidavit of Gurmukh Singh and closed the evidence.
10. The complainant filed the written arguments. We have gone through the same, heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
11. The ld. counsel for the complainant has argued that OP No.1 is dealing in selling seeds of fruits and vegetables through OP No.2.The ld. counsel further argued that the complainant has been sowing the crop of peas in the agricultural land owned by him as well as in the land taken on lease from many years. The ld. counsel further argued that the complainant purchased SR-3 seeds of peas, weighing 5 quintal 20 kg. from OP No.1 on 21.10.2015 for total amount of Rs.1,40,400/- through M/s Durga Fruit Co. The ld. counsel has further argued that the complainant sowed the seeds of peas  as per the instructions given by OP No.2 to him but after 12 days the seeds were not germinated. The ld. counsel further argued that the complainant approached OP No.2 but he was told to wait for 7 days. The ld. counsel further argued that fake and sub standard seeds of peas were supplied by the OPs and the complainant has suffered  loss to the tune of Rs.12.40,000/-.Hence the complaint be allowed.
12. The ld. counsel for the OPs has argued that there is no evidence on the file to prove  all the allegations leveled by the complainant. The ld. counsel has further argued that complainant has never purchased any seeds from Durga Fruit co., so there was no question of supplying sub standard seeds. The ld. counsel further argued that all the allegations are wrong and the complaint be dismissed.
13. To prove this case Avtar Singh has tendered his affidavit,Ex.CA and he has deposed entirely as per his complaint, Ex.CB is the affidavit of Karam Chand and he has supported the evidence of Avtar Singh. Similarly Gurpreet Singh Lambardar has tendered his affidavit, Ex.CC and he has also supported the evidence of the complainant. The complainant has also examined Madan Gopal vide affidavit Ex.CD and he has deposed as per the allegation leveled by the complainant. Ex.CE is the affidavit of Gulzar Singh who has stated that he is the owner of four wheeler and on 21.10.2015 complainant purchased  5 quintal 20 kg seeds  of peas from M/s Namdhari Fruit Co. and in his vehicle he loaded the said seeds and took the same  to the house of Avtar Singh.Ex.CF is the affidavit of Kulwant Kaur wherein she has stated that she is having agricultural land measuring 28 kanals and she has given the land to the complainant for three years, Ex.CG is the affidavit of Navdeep Gupta and he has proved his report.
14. Complainant has proved  the receipt/bill  Ex.C1 issued by M/s Namdhari Fruit Co. to Avtar Singh Todarpur for Rs.1,40,400/- on 21.10.2015,Ex.C2 is khasra girdawari ,Ex.C3 is reply to legal notice, Ex.C4 is the report of expert alongwith photographs,Ex.C6 is writing of Aarhti Association,Samana,Ex.C7 is the letter of Deputy Director, Horticulture, Baradarn Dari Garden, Patiala.
15. On behalf of OPs Sh.Jhirmal Singh has tendered his affidavit, Ex.OPA and he has denied all the allegations of the complainant,Ex.OPB is the affidavit of Gurmukh Singh. He has deposed that the complainant is not the consumer of the OPs.
16. From the allegations of the complainant, as stated in para No.3 of the complaint that he has purchased seeds of peas weighing 5 quintal 20 kg from the OPs @ Rs.270/- per kg for the total amount of Rs.1,40,400/- through Durga Fruit Co..In the written statement the OPs have stated that they never sold any seed to the complainant. The complainant alleged that seeds were never germinated and he suffered total loss of Rs.12,40,000/-.
17. The receipt of Namdhari Fruit Co.is Ex.C1, it is written  SR-3 520x270=1,40,400/- dated 21.10.2015. Sh.Navdeep Gupta, was appointed as document expert and his report is Ex.C4 on the file alongwith photographs. It is mentioned in his report that disputed writing Q1, which is Ex.C1 has been written by same person, whose standard signatures are S1 to S4. OPs have challenged the appointment of Sh.Navdeep Gupta, who examined the receipt but the Hon’ble State Commission has dismissed their revision petition and the order passed by the Hon’ble State Commission dated 23.8.2017 is already on the file.
18. So, it is clear that the OPs have wrongly denied their receipt of Rs.1,40,400/- and their stand has been falsified by the document expert vide his report Ex.C4. No document expert was examined by the OPs to rebut the report of Sh.Navdeep Gupta. The complainant has stated that the seeds were never germinated and they have proved on the file report Ex. C7 of Deputy Director Horticulture Baradari Garden, Patiala dated 12.4.2016.In the report, it is mentioned that on 6.4.2016 he visited the village Todarpur of Sh.Avtar Singh s/o Nominder Singh, and as per the saying of the persons who were there, there was carnoli crop was standing and the land was good for the cultivation of peas. This report is based upon the hearsay evidence which is not admissible as per law. Moreover, this report does not help the case of the complainant as it is not mentioned that whether  pea seeds were germinated into plant as alleged by the complainant.
19. The complainant has also tendered affidavits of 2-3 persons. In these affidavits, it is stated that the complainant has sown  the pea seeds in 8killa of land, which were purchased from the OPs but the seeds did not germinate and the complainant suffered huge loss. Kulwant Kaur has tendered his affidavit, Ex.CF, wherein she has stated that she owned 28 kanals of land and she has given the land to Avtar Singh for three years on contract.
20. Onus was on the complainant to prove by the documentary evidence and not by any oral evidence that he could have earned Rs.50,000 per killa as profit. Complainant  has also alleged that he has paid Rs.1,20,000/- on account of labour but there is no document to prove this fact. The complainant has also stated that he paid Rs.4lac on account of theka of land but there is also no document to prove this fact. Moreover the contract per killa is for all the three crops. So complainant cannot claim the entire amount of theka from the OPs. The complainant has also sought Rs.4,80,000/- on account of not earning any profit from the land but this fact is not proved by the complainant. The complainant has also sought Rs.one lac on account of mental agony and harassment. So it is not proved that the complainant has suffered loss of Rs.1,20,000/- on account of labour, Rs.4lac on account of theka,Rs.4,80,000/- on account of not earning any profit. But as per our discussion the OPs have denied the receipt but the receipt has been proved by the expert report of Navdeep Gupta.So it is proved that the OPs have sold seeds of peas for Rs.1,40,400/-. The OPs have deliberately denied the same in the written statement.
21. So due to our above discussion, the complaint is partly allowed and the OPs are directed to refund Rs.1,40,400/- which was taken from the complainant for the seeds alongwith interest @6% per annum from 21.10.2015 till payment and the complainant is also entitled to Rs.25000/-on account of mental agony and harassment. Compliance of the order be made by the  OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:9.2.2021         

                                    Y.S.Matta                           Jasjit Singh Bhinder

                                    Member                                       President