(Per Shri Narendra Kawde, Hon’ble Member) (1) This appeal takes an exception to an order dated 31/12/2011 in Consumer Complaint No.11/2006, (Ramdas Raju Kale vs. 1. Manager, Sadguru Krishi Seva Kendra & ors.), passed by Additional District Consumer Disputes Redressal Forum, Pune (‘District Forum’ in short). The District Forum while partly allowing the consumer complaint filed by the respondent/original complainant directed the appellants/opponent no.1 & 2 to pay an amount of `87,250/- along with an interest @9% p.a. effective from 05/12/2005 and additionally amounts of `10,000/- & `3,000/- were directed to be paid for mental agony and costs of litigation respectively. (2) The opponents aggrieved with the impugned order preferred this appeal on the ground that the learned District Forum did not appreciate the lacunas on the part of the District Seed Agriculture Committee established by the Government. There is no conclusive proof supported by documentary evidence of authorized laboratory about the test report of onions. The District Forum did not consider the major factors responsible for bolting of onion such as weather, temperature, water, fertilizer, cultivation, period of re-plantation etc. (3) Heard both the sides and perused the record placed before us. Admitted facts are that the original complainant/respondent purchased onion for cultivation “Poona-Fursungi” onion seeds from the appellant/original opponent no.1, who is an authorized dealer of the appellant/original opponent no.2 seeds company. Cultivation of the seeds was complete and it was promised within the period of 90 days, there will be harvesting of onion. The complainant lodged the complaint about the state of crop condition. However, it was not attended by the present appellants/opponents. Therefore, on complaint to the Agriculture Department of the Government, the field inspection by the Committee constituted by the Government was carried on 16/02/2005. The said committee arrived at the conclusion that the onion seeds used by the complainant cultivator was not “Poona-Fursungi” as claimed by the appellant/opponent, but it were “Krishipuram” onion seeds and if cultivated during the Rabbi season 100% bolting is possible. Further also concluded that the said onion seeds purchased and used for cultivation by the complainant was also adulterated and therefore in the present of case, the complainant farmer incurred loss as promised and as desired yield could not be obtained. There is a report from National Research Centre for Onion and Garlic Institution addressed to the concerned Agriculture Development Officer stating that survey was carried in the Junnar area where the complainant’s field is located about the complaints received from the farmers in respect of development of bolts to onions. It is reported that the onion seeds used for cultivation was not “Poona-Fursungi”, but it was revealed that the seeds were Krishipuram onion or Bangalore Rose. In Maharashtra, said cultivation is not traditional one and moreover, if cultivated during Rabbi season, cent per cent bolting occurs. (4) The learned advocate of the appellants/opponents tried to bring to our notice the expert material placed on record, but from out point of view, the material referred by the learned advocate of the appellants is of no avail to disprove the report and conclusion of the Seeds Agriculture Committee and also of the Government owned Research Institution referred to above. Moreover, in the recent judgement in the matter of - (2012) II SCC 506 – National Seeds Corporation Ltd. Vs. V.M.Madhusudan Reddy - the Hon. Apex Court held that the onus lies on the Seeds manufacturer to establish that the seed supplied was free defect wherein the principle of ispa loquitter has been explained. The appellant tried to make out the case that there is no deficiency in service on their part. However, the appellant failed to adduce documentary evidence to establish that the seeds manufactured and supplied to the complainant were free from defect and was not one Krishipuram or Bangalore Rose as observed by the Expert Agriculture Committee and Research Institution. In absence of any documentary evidence, we are of the view that no reliance can be placed on the material submitted by appellant i.e. an article published by Dr.K.A.Lawande about the growth etc. of onion. We do not find any fault in the impugned order passed by the District Forum and therefore no interference is called for. We hold accordingly and pass the following order. ORDER The appeal stands dismissed. The appellants shall bear their own costs and shall pay costs of `10,000/- to the original complainant/respondent. This amount shall be paid within the period of 60 days from the date of this order failing which the amount will carry interest @6% p.a. from the date of this order till the realization of the amount. Pronounced on 8th July, 2013. |
