Haryana

StateCommission

A/1295/2017

NATIONAL SEEDS CORP.LTD. - Complainant(s)

Versus

RANDHIR SINGH - Opp.Party(s)

PARMOD K SHARMA

08 Nov 2018

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

                                               

                                                               First Appeal No.1295 of 2017                                         Date of Institution: 30.10.2017                                                               Date of Decision: 08.11.2018

1.      National Seeds Corporation Limited 425-426, Sector-3, Karnal through its Area Manager.

2.      National Seeds Corporation Ltd. through its Regional Manager Regional Office No.388,  Phase IX, Indl. Area Mohali.

3.      National Seeds Corporation Ltd. through its Managing Director, Head office Beej Bhawan PUSA Complex, New Delhi.

…..Appellants

Versus

Randhir Singh s/o Sh. Sh.Ram Saran R/o Village and Post Office Padha Tehsil Assandh, Distt. Karnal.

…..Respondent

CORAM:             Mr. Ram Singh Chaudhary, Judicial Member.

Present:              Shri P.K.Sharma, Advocate for appellant.

                             Respondent already ex parte.

                                                   O R D E R

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

Delay in filing the appeal is condoned for the reasons stated in the application filed for condonation of delay.

2.      Briefly stated, the facts narrated in the complaint are that he purchased 30 Kg. paddy seeds amounting to Rs.1350/- from O.P.No.1 vide bill dated 01.06.2015.  The complainant had sown the paddy seeds in 4.5 acres of land as per the instructions.   The complainant spent Rs.20,000/- per acre for ploughing planting, fertilizing etc.  After some days when the crop grew up, the complainant found that there was mixing in the seed.  He made complaint about the mixing of seed before Deputy Director Agriculture, Karnal on 07.10.2015.  Committee was constituted and they visited the fields and submitted the report on 07.10.2015, it was observed that off type/other variety plants in the fields was 49% which were in grain formation/tall/dwart/panicle formation stage.  Thus there  was deficiency in service on the part of the O.Ps.

3.      The complaint was resisted by the Ops which took a preliminary objections about the no locus standi, accruing cause of action, maintainability of complaint, jurisdiction etc. were  also raised and requested to dismiss the complaint.

4.      On merits, it has been submitted that when inspection team visited the fields of the complainant, no representative of the opposite parties was joined, which was very essential as per law.  The report prepared by the  Deputy Direction Agriculture were null and void. the complainant was not suffered any loss due to seeds of the opposite parties.  Thus there was no deficiency in service on the part of the O.Ps.

5.      After hearing both the parties, District Consumer Disputes Redressal Forum, Karnal (In short “District Forum”) allowed the complaint vide impugned order dated 22.08.2017 and  directed the O.Ps. to pay Rs.8000/- per acre (Rs.8,000 x 4.5 acre) i.e. total amounting to Rs.36,000/- and to refund Rs.1350/- as cost of the seed to the complainant. We further directed the Ops to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. The opposite parties are jointly and severally liable.”

6.      Feeling aggrieved therefrom, O.Ps.-appellants have preferred this appeal.

7.      Respondent was proceeded against ex parte vide order dated 22.03.2018 by this Commission.

9.      This argument has been advanced by Sh.P.K.Sharma the learned counsel for the appellant. With his kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of  complainant had also been properly perused and examined.

8.      In fact as per the matrix of the facts of the case, it is not in dispute that complainant had purchased 30 kg. paddy seeds of Rs.1350/- from O.P.No.1  vide invoice No.6191374 dt. 01.06.2015. The seeds did not grow as per the instruction made on the bag.  Since the paddy seed had been purchased by the complainant was not of good quality and there was a mixing in the seed and as per the report of committee, which is constituted by Deputy Director, Agriculture, the complainant had suffered loss of crop.  It was further observed that off type/other variety plant is 49% which are in grain formation/tall/dwarf/panicle formation stage. It means the complainant has suffered loss of crop by 51%.  The learned District Forum adequately has compensated the complainant and directed the O.Ps. to pay Rs.8000/- per acre (Rs.8,000 x 4.5 acre) i.e. total amounting to Rs.36,000/- and to refund Rs.1350/- as cost of the seed to the complainant and further directed the Ops to pay Rs.3300/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses.

9.      In view of the above observation and discussion, no illegality could be found with the order  dated 22.08.2017 passed by learned District Forum,  Karnal vide which the complaint was allowed and as such, the appeal being devoid of merits stands dismissed.

10.    The statutory amount of Rs.20461/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

November 08th, 2018                    Ram Singh Chaudhary,                                                                          Judicial Member                                                                                       Addl.Bench                 

 S.K.