Telangana

Khammam

CC/57/2016

1.Bandi Sateesh, S/o. Venkateswarlu,R/o. Arempula and 2.Yennaboina Krishna S/o. Venkatappaiah R/o. Barugudem V, Arempula GP both are Khmm Rural Mandal, Khmm Dt - Complainant(s)

Versus

M/s. Sri. Lakshmi Bhargavi Seeds, Rep. by its Prop. Unnam Mohan Rao, H.No.2-5-66, PSR Road, Khammam - Opp.Party(s)

Sri.Maddi Srinivas Reddy

16 Nov 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

 

Dated this, the 13^th day of November, 2018

 

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc. LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

C.C. No.57/2016

Between:

1. Bandi Sateesh, S/o. Venkateswarlu,

Age: 38 Years, Occu: Agriculture,

R/o. Arempula [V], Khammam Rural [M],

Khammam District, Telangana State.

 

2. Yennaboina Krishna@Krishnaiah, S/o. Venkatappaiah,

Age:38 Years, Occu: Agriculture,

R/o. Barugudem [V], Arempula [GP],

Khammam Rural [M], Khammam District.              

           …Complainants

And

1. M/s. Sri. Lakshmi Bhargavi Seeds,

Rep. by its Prop. Unnam Mohan Rao,

H.No.2-5-66, PSR Road, Khammam.

 

2. M/s. Jeeva Agri Genetics, Rep. by its Managing Director,

Mothukuri Srinivas Krishna Kumar, #Plot No.21,

16-2-738/4/5/21A, 1^st Floor, SBH Colony,

Aasmanghar, Malakpet,

Hyderabad – 500 036.                                 …Opposite parties

 

        This C.C. is coming on before us for hearing in the presence of                                 Sri. M.Srinivasa Reddy, Advocate for complainant; Opposite parties Nos.1 and 2 called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

 

ORDER

(Per Sri. P. Madhav Raja, President)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

2.       The complainants are residents of Arempula and Burugudem Village of Khammam Rural Mandal and District. The complainants are an Agriculturists and complainant No.1 is holding two Acres of land in Sy.No.160/A, 162/A of Arempula Revenue village of Khammam Rural Mandal and District. The complainant No.2 is having one Acre in Sy.No.162/A of Arempula Revenue Village, Khammam Rural Mandal and District. The complainants were attracted with Opposite Party No.2 wide publicity of the germination and yielding of chilly seeds i.e. Jeeva Seeds (Hybrid Chilly JCH-801). The complainant No.1 purchased Jeeva seeds variety (20) units in Lot No.2411-116 @ Rs.330/- per unit which calculates 20 packets X 10 grams X Rs.330/- = Rs.6,600/- vide receipt No.92, dt:25-06-2016 which was manufactured, produced,  packed and marketed by Opposite Party No.2. Similarly the Complainant No.2 also purchased Jeeva seeds variety of 10 units in the Lot No.2411-159 which comes to 10 packets X 10 grams X Rs.330/- = Rs.3,300/- vide receipt No.78,          dt:01-07-2016 which was manufactured, produced,  packed and  marketed by Opposite Party No.2. The Opposite Party No.1 having Seeds License No.221/2009, Cotton SL No.92/2009 doing business of Pesticides and Seeds under the name and style of M/s. Sri Lakshmi  Bhargavi Seeds PSR Road, Khammam.  After purchasing the seeds the complainants have raised them in the month of August,2016 by investing huge amounts and taken all precautionary measures from time to time by applying pesticides and fertilizers on the advice of the Agricultural Officer, Khammam Rural and Opposite Party No.1.  In the fields the chilly plants were grown up without flowering, leafs were folded in yellowish colour and no proper growth, by observing it the complainants approached the Opposite Party No.1, Agriculture Officer and Horticulture Officer, on which the Assistant Director, Horticulture-I, Khammam came to the fields and opinioned that the crop was damaged only due to defective seed, which was supplied by the Opposite Parties. The complainants could not get even 10% of the flowering in their fields in spite of taking all precautionary measures. The Opposite Parties assured the complainants that they would get 25 to 30 quintals crop per acre.  As per market value @Rs.10,000/- per quintal  the complainant No.1 have to get Rs.6,00,000/- for 60 quintals and the complainant No.2 would have get 30 quintals @Rs.10,000/- per acre quintals  equivalent to Rs.3,00,000/-. Further the complainant No.1 had invested Rs.1,26,600/- towards seeds costs cultivation expenses and fertilizers and pesticides, similarly  the Complainant No.2 had invested Rs.78,300/- towards expenses for the cultivation including seeds costs, cultivation costs and fertilizers and pesticides. The complainants averred that in total the complainants No.1 had sustained loss of Rs.7,26,000/- and Complainant No.2 Rs.3,78,300/- respectively.  The complainants also claiming Rs.25,000/- each towards mental agony and to get the said relief the complainants have filed this complaint.

 

3.       The complainants are filed  I.A.No.96/2016 Petition under Order 26, Rule 1 R/w.151 of C.P.C. to appoint an Advocate Commissioner to assess the damage caused to the crop of the Petitioners with the help of concerned Agriculture Officer and Village Revenue Officer. I.A. was allowed Commissioner was appointed and submitted his report along with statement dt:20-02-2017  of Sri.B.V.Ramana Horticulture Officer  and Sri. N. Lavan Kumar Village Revenue Officer Barugudem, Khammam Rural Mandal and District statement               dt:04-04-2017. 

4.       The Advocate Commissioner filed documents and got marked as Ex.C-1 to C-4.

 

Ex.C-1 is the Advocate Commissioner Report.

Ex.C-2 is the Horticulture Officer Report dt:20-02-2017.

Ex.C-3 is original Village Revenue Officer Report dt:04-04-2017.

Ex.C-4 is original Village Revenue Officer Report dt:04-04-2017.

5.       In support of their contention, the complainants filed documents and got marked as Ex.A-1 to Ex.A-9.   

                   

Ex.A-1 is the photocopy of Pattedar Pass Book of Complainant No.1

Ex.A-2 is the photocopy of Pattedar Pass Book of Complainant No.2

Ex.A-3 is original bill issued by Opposite Party No.1

Ex.A-4 is original bill issued by Opposite Party No.1

Ex.A-5 is photo copy of letter to Agriculture Officer dt:06-10-2016.

Ex.A-6 is photo copy of letter to Agriculture Officer dt:07-10-2016.

Ex.A-7 is the original Jeeva Seeds Packets (27) in number

Ex.A-8 is the colour photographs (9) in number

Ex.A-9 is the original bills (29) in number

 

6.       The Notice of Opposite Party No.1 was returned and unserved as                the Opposite Party No.1 was arrested and his Shop was seized. Steps had taken through I.A.No.68/2017, against the Opposite Party No.1 and given paper publication in local Edition Janatha daily Paper. Even after publication the Opposite Party No.1 was not appeared and has not filed Counter or any supporting documents in favour of him.

7.       The notice of the Opposite Party No.2 was treated as served and held sufficient. The opposite parties No.1 and 2 were called absent and did not file counter or written Version and Written Arguments.

 

8.       Upon perusing the averments and material papers on record, now the points that arose for consideration are,

 (i) Whether the complainant is entitled as prayed for?

(ii) If so, to what relief?

Point No.1.

It is evident through the records that the complainants had purchased the chilly seeds from Opposite Party No.1 which were manufactured and marketed by Opposite Party No.2 and cultivated them in their respective lands i.e. the complainant No.1 in two Acres of land in Sy.No.160/A, 162/A and complainant No.2 in one Acre out of Sy.No.162/A of Arempula Revenue Village, Khammam Rural Mandal and District. The said fields were got inspected by the Advocate Commissioner with assistance of concerned Agriculture Officer and Village Revenue Officer regarding defective crop growth. The concerned Agriculture Officer by name Sri B.V. Ramana gave report vide letter No. HO/PLR/CSS/2016-17, dt: 20-02-2017 and categorically observed that as per the complainants version they have sown Jeeva chilly seeds, which was already reported as spurious seed genetically impure during the same season. The growth of the crop is inferior with lot of variation in growth and fruit size. There is no uniformity observed either in growth or bearing.  The chillies were under size/uneven in size through the physical observation viz; uneven growth, under size fruit and with lot of variations.  The seed material is not true type, and it can only be established genetic purity test. Sri N. Lavan Kumar, Village Revenue Officer, Burugudem of Khammam Rural Mandal and District through his report dt:04-04-2017 had established that the complainant No.1 holding two Acres of land in Sy.No.160/A, 162/A and the complainant No.2 holding one Acre out of Sy.No.172/A of Arempula Revenue Village, Khammam Rural Mandal and District. The complainant No.2 as erroneously averred the Sy.No.162/A inspite of 172/A which is said to be typographical mistake. In the stated circumstances it is clear that the complainants have sustained loss by sowing spurious seeds. As the Opposite Parties have not appeared and failed to prove their case in their favour.  Therefore we are in view that the complainants are entitled for their relief.

POINT No.II:-

The Horticulture officer have not reported about normal yield of the crop per acre. As per District agriculture department survey in Khammam District the average yield per acre is 20 quintals. The complainant has stated that they had only 10% yield and to substantiate their contentions they have not filed crop yield documents.  As the complainants have 2 and 1 acre respectively.

       The complainant No.1 sustained loss of 40 quintals and complainant No.2 sustained loss of 20 quintals of yield. Since already the complainants might have yielded 4 to 5 quintals crop per acre. As per the Agricultural Marketing Department, Khammam official web site on 17-03-2017 the price per quintal for low grade ( Thallu ) Mirchi was Rs.3,600/-. Therefore the opposite parties are liable to pay loss for 15 quintals per acre. Considering the price of Rs.3,600/- per quintal of Mirchi the compensation awardable to the complainant No.1 would work out to Rs.3,600/- X 30 quintals = Rs.1,08,000/- per acre and the complainant No.2 would work out to Rs.3,600/- X 15 quintals = Rs.54,000/- per acre. On the seeds sachets the germination is shown as 70% thus after deducting 30% germination loss on yield of the crop the total loss of crop is calculated for Rs.75,600/- to the complainant No.1 and Rs.31,025/- towards the costs of seed and fertilizers and pesticides therefore the complainant No.1 is entitled for Rs.1,06,625/-. The complainant No.2 is entitled for Rs.54,000/-for loss of crop and Rs.28,625/- towards the costs of seed, fertilizers and pesticides thus complainant No.2 entitled Rs. Rs.82,625/- totally. Accordingly the point is answered.

 

9.       In Result the complaint is allowed in part directing the opposite parties Nos.1 and 2 jointly or severally to pay Rs.1,06,625/- to the complainant No.1 and Rs.82,625/- to the complainant No.2 towards deficiency of service and supplying of defective seeds and  further directed to pay Rs.3,000/- towards costs and Rs.2,000/- each for sufferance. The amount shall be paid within one month from the date of receipt of this order, failing which it shall carry interest at 9% per annum from the date of complaint.

 

(Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum, on this the 13^th day of November, 2018).

 

                                     

         

                                                         Member                 President    

                                                                       District Consumer Forum,

     Khammam.

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainants                                                  For Opposite parties  

       None                                                                          None

                                         DOCUMENTS MARKED:-

For Complainants                                                  For Opposite parties

   

Ex.A-1	is the photocopy of Pattedar Pass Book of Complainant No.1	NIL
Ex.A-2	is the photocopy of Pattedar Pass Book of Complainant No.2
Ex.A-3	is original bill issued by Opposite Party No.1
Ex.A-4	is original bill issued by Opposite Party No.1
Ex.A-5	is photo copy of letter to Agriculture Officer dt:06-10-2016.
Ex.A-6	is photo copy of letter to Agriculture Officer dt:07-10-2016.
Ex.A-7	is the original Jeeva Seeds Packets (27) in number
Ex.A-8	is the colour photographs (9) in number
Ex.A-9	is the original bills (29) in number

 

Documents marked for the Advocate Commissioner.

Ex.C-1 is the Advocate Commissioner Report.

Ex.C-2 is the Horticulture Officer Report dt:20-02-2017.

Ex.C-3 is original Village Revenue Officer Report dt:04-04-2017.

Ex.C-4 is original Village Revenue Officer Report dt:04-04-2017.

 

 

                      Member                        President

                                                          District Consumer Forum, Khammam.