Haryana

StateCommission

A/187/2018

RAJESH - Complainant(s)

Versus

NATIONAL SEEDS CORPORATION LTD. - Opp.Party(s)

SURENDER SINGH DALAL

25 Sep 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

                                                First Appeal No.           :         187 of 2018

                                                Date of Institution        :         13.02.2018

                                                Date of Decision                   :         25.09.2018

 

Rajesh age 37 years S/o Sh. Ram Sarup, Resident of Village Khurana, Tehsil and Distt. Kaithal.

 

          …… Appellant.

 

Versus

 

1. National Seeds Co. Ltd. Office at Jind Road, Kaithal
2. Ujala Seeds, Ramba Chowk, Indri Road, Karnal.

 

……. Respondents

 

CORAM:             Shri Diwan Singh Chauhan, Presiding Member.

 

Present:              Mr. Manvender Singh Dalal, counsel for the appellant.

                             Ms. Simarpreet Kaur, counsel for respondent No.1.

                             None for respondent No.2.

                            

O R D E R

 

DIWAN SINGH CHAUHAN, PRESIDING MEMBER

 

                             The present appeal has been decided by me in view of the order passed by Hon’ble President of the State Commission conveyed to me vide Endst. No. 195 dated 25.01.2018 whereby I have been authorized to decide the cases singly in Additional Bench-II.

                             This appeal has been preferred for enhancement against the order dated 14.11.2017 passed by the District Consumer Forum, Kaithal (for short ‘District Forum’) whereby complaint filed by complainant against the OPs was allowed and following directions were given to the Opposite parties:-                    

“Thus, in view of above discussion, we allow the complaint partly qua OP No.1 and direct the OP No.1 to refund Rs.5050/- as cost of paddy seed and to pay Rs.1000/- per acre (Rs.10000/- x 10 acres) i.e. total amounting to Rs.10,000/- (ten thousand) as compensation for loss suffered by the complainant. The OP No.1 is also burdened to pay Rs.1100/- as lump sum compensation on account of harassment, mental agony and costs of litigation charges. Let the order be complied within 30 days, failing which, the complainant shall be entitled interest @8% p.a. from the date of order till its realization.”    

                             The brief facts of the case are that on 28.04.2016, complainant purchased 4 bags each of 30 kgs i.e. 1.20 qts seeds for sum of Rs.5020/- of P.R. 114 vide bill No. 249 dated 28.04.2016 from OP No.1 and sown in 10 acres. When paddy grown up fully, then complainant found that the plant in his field were mixed-up of other variety other than the PR-114. He moved an application to Deputy Director, Agriculture Department, Kaithal who constituted a team of agriculture experts and the said team inspected the paddy crops on 06.09.2016 and found that 6.666% plants are existing other than the PR-114.

                             Upon notice OPs filed written statement and contented that OPs have sold the lot of seeds in question PR-114 in the market after due certification of seed in question vide certification No. 397060 dated 29.08.2016 of Haryana Seed Certification Agency (A State Govt. undertaking). The germination and yield of the seed depends on various factors like the time of sowing , type of soil, practices adopted for sowing, the quality, the time and manner of application of insecticides and pesticides and in the absence of all these facts, it cannot be ascertained about the cause of alleged less germination of uneven germination or loss. No alleged inspection of the crop has been made in the presence of the OPs by agriculture department. Thus, there is no deficiency on the part of the OPs and prayed for dismissal of the complaint.

                             Both the parties led evidence in support of their respective claims.

                             On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum accepted the complaint and granted relief as noticed in the opening para of this order.

                             Aggrieved with the impugned order, appellant-complainant has come up in appeal.  Hence this appeal.

Case called several times but none has appeared on behalf of respondent No.2.  I did not think it appropriate to adjourn this appeal indefinitely, and therefore, I proceed to decide this appeal and going through the case file.

                             I have heard the learned counsel for both the appellant and respondent No.1 and perused the case file thoroughly.

                             The counsel for the complainant/appellant contended that the District Forum awarded meager amount on account of compensation. The counsel for the appellant further contended that District Forum has not considered the calculation of loss (Mark CB) as under and prayed that compensation be enhanced by allowing the appeal of the appellant as under:-

Total land	Variety	Production	Rate
10 acre	114 (PAR)	40 Qtl. per acre	1,475/-
Production of one acre		40 x 1475	59,000/-
Total production in 10 acre		59000 x 10	5,90,000/-
Total loss of 7 % in 10 acre		590000 x 7        100	41,300/-
Total loss			41,300/-

 

                             On the other hand, the OP/respondent contended that adequate compensation has been given to the complainant by the District Forum and prayed for dismissal of the appeal of the appellant.

                             I have considered the respective submission of the parties and have gone through the facts and circumstance of the case evidence adduced on record by both the parties.  As per report dated 29.11.2017 (Annexure P1) of Assistant Statistical Officer, Agri. Department, Kaithal the average production of village Khurana in the year 2016 is as under:-

Village	R.No.	K.No.	Farmer Name	Varity	Wet wt.	Dry wt.
Khurana	7387	108/24	Balkar	Pusa-1121	12.45	12.22
Khurana	3939	1/16	Dharam Singh	Pusa-1121	15.41	15.26
Khurana	2072	76/1	Nand Lal	Pusa-1121	13.02	12.95
Khurana	9195	27/24	Balwan	PR-11	15.43	15.12
					56.31	55.55

 

In the report of Assistant Statistical Officer, Agri. Department, Kaithal the average production of four farmers were shown but the appellant/complainant in his calculation has taken the average production of seed as 40 qtl. per acre.

On the basis of the above report of Assistant Statistical Officer the average production of seed in the village Khurana will be 13 qtl. per acre and calculation of loss is as under:-

Average production of seed as acre	13 qtl.
Rate	1470/-
Total land	10 acre
Total production	13 x 10x 1470 = 1,91,100/-
Loss 7%	7 x 191100/-  = 13,377/-       100

 

The District Forum awarded Rs.10,000/- as compensation for loss suffered, Rs. 5050/- as cost of paddy seed and Rs.1100/- as lump sum compensation on account of harassment, mental agony and costs of litigation charges to the complainant with interest @ 8% p.a. from the date of order till realization.

In this view of the matter I am of the considered view that there is no force in the appeal of the appellant.  The District Forum has adequately compensated the complainant and no cause for interference is made out. Hence the appeal of the appellant is hereby dismissed.

 

Announced                                                                                 Diwan Singh Chauhan,

25.09.2018                                                                                       Presiding Member

                                                                                                    Addl. Bench-IInd  

 

 

FA No. 187 of 2018

 

Present :             Mr. Manvender Singh Dalal, counsel for the appellant.

                             Ms. Simarpreet Kaur, counsel for respondent No.1.

                             None for respondent No.2.

 

                                     

Delay in filing the appeal is condoned for the reasons stated in the application.

                                                                                                Diwan Singh Chauhan,

25.09.2018                                                                      Presiding Member

                                                                                 Addl. Bench-IInd