State Consumer Disputes Redressal Commission
Seed Works International Pvt. Ltd., And ... vs Musku Pratap on 1 May, 2014
1
BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION
AT HYDERABAD.
FA 882 of 2013 against CC 5/2011, Dist. Forum, Warangal
Between:
1) Seed Works International Pvt. Ltd.,
Rep. by its Managing Director
(Producer & Manufacturer of
U.S. Agri Seeds Hybrid Cotton Seeds
(OBAMA BG II) 437, Avenue 4,
Banjara Hills,
Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides,
H.No.8-7-142,
Opp: Pochamma Temple,
Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/
Opposite Parties
And
Musku Pratap,
S/o Chandraiah,
Age: 40 yrs, Occ: Agriculture,
R/o Venkatapuram Village,
Duggondi Mandal,
Warangal District. *** Respondent/
Complainant FA 883 of 2013 against CC 6/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Musku Mohan Reddy, S/o Linga Reddy, Age: 45 yrs, Occ: Agriculture, R/o Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 2 FA 884 of 2013 against CC 7/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds & Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Singi reddy Prathapa Reddy, S/o Linga Reddy ,Age:39 yrs, Occ: Agriculture R/o Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 885 of 2013 against CC 8/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sona Traders H.No.16-7-40/2, Old Grain Market Warangal Town & Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Nampelly Sudhakar, S/o Kattaiah Age: 45 yrs, Occ: Agriculture, R/o Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 3 FA 886 of 2013 against CC 9/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Madhuri Agencies Pesticides and Seeds, Opp: Sunil Talkies, Station Road, Warangal District.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Thakkallapalli Thirupathi, S/o Veeraiah, Age: 40 yrs, Occ: Agriculture, R/o Venkatapuram Village, Duggondi Mandal Warangal District., *** Respondent/ Complainant FA 887 of 2013 against CC 10/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2. Sri Uma Maheswara Agro Agencies H.No.8-7-144, Station Road, Opp: Pochamma Temple, Station Road, Warangal, Rep.by its Proprietor. *** Appellants/ Opposite Parties And Daravath Rajaiah, S/o Bayakka,Age:38 yrs, Occ: Agriculture R/o Venkatapuram Village, Duggondi Mandal.
Warangal District. *** Respondent/ Complainant 4 FA 888 of 2013 against CC 11/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2. Venkateswara Pesticides & Seeds, Giribaivi, Duggondi Village & Mandal, Warangal District, Rep. By its Proprietor. *** Appellants/ Opposite Parties And Shripathi Rambabu, S/o Rajakomraiah Age: 40 yrs, Occ: Agriculture, R/o Venkatapuram Village, Duggondi Mandal.
Warangal District.
*** Respondent/ Complainant FA 889 of 2013 against CC 12/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Rep. by its Proprietor. *** Appellants/ Opposite Parties And Edakula Raji Reddy, S/o. Veeramallu, Age: 70 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 5 FA 890 of 2013 against CC 13/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sona Taders, H.No.16-7-40/2, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pesaru Sambaiah, S/o. Narsaiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 891 of 2013 against CC 14/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Rythu Agencies, H.No. 8-5-35, Station Road, Warangal District.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Anumula Mallaiah, S/o. Kattaiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 6 FA 892 of 2013 against CC 15/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Lone Raju, S/o. Mysaiah, Age: 25 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 893 of 2013 against CC 16/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Madhuri Agencies Pesticides and Seeds, Opp: Sunil Talkies, Station Road, Warangal Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Bembera Gopal Rao, S/o. Rajalingam, Age: 52 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal Dist. *** Respondent/ Complainant 7 FA 894 of 2013 against CC 17/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station Road, Warangal Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Ingoli Rajeshwar Rao, S/o. Shankar Rao, Age: 35 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 895 of 2013 against CC 18/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Rajarajeswawri Fertilizers Pesticides & Seeds, Girinibai Village, Duggondi Mandal, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Bommagani Raju, S/o. Yellaiah, Age: 35 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 8 FA 896 of 2013 against CC 19/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station Road, Warangal, Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Lone Bhuhaiah,
S/o. Narsaiah,
Age: 30 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
FA 897 of 2013 against CC 20/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sriphala Seeds and Pesticides, Opp: Sunil Talkies, Station Road, Warangal, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Singi Reddy Malla Reddy, S/o. Chandraiah, Age: 40 Years,Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
9
FA 898 of 2013 against CC 21/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pentala Sreenu, S/o. Mallaiah, Age: 45 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 899 of 2013 against CC 22/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Kapil Seeds & Pesticides, Opp: Sunil Talkies, Station Road, Warangal, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Gundeboina Srinu, S/o. Sammaiah, Age: 38 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 10 FA 900 of 2013 against CC 23/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal .
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musku Shankari, S/o. Agaiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 901 of 2013 against CC 24/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Venkateswara Pesticides & Seeds, Girnibavi, Duggondi Village & Mandal, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Pogaku Sudhakar, S/o. Narayana, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 11 FA 902 of 2013 against CC 25/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Madhuri Agencies Pesticides and Seeds, Opp: Sunil Talkies, Station Road, Warangal .
Rep. by its Proprietor.
*** Appellants/ Opposite Parties Napalli Sudhakar, S/o. Iylaiah, Age: 38 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 903 of 2013 against CC 26/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station Road, Warangal, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Vurati Mogili, S/o. Mallaiah, Age: 32 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal Dist. *** Respondent/ Complainant 12 FA 904 of 2013 against CC 27/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Rajarajeswawri Fertilizers Pesticides & Seeds, Girinibai Village, Duggondi Mandal, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Thakkallapalli Pullaiah, S/o. Narasiah, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 905 of 2013 against CC 28/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-10, Old Grain Market, Warangal, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Inga Chandar Rao, S/o. Narsaiah, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 13 FA 906 of 2013 against CC 29/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds & Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal .
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Ponnala Ramreddy, S/o. Ram Reddy, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 907 of 2013 against CC 30/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds & Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Erukala Linga Reddy, S/o. Raji Reddy, Age: 48 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 14 FA 908 of 2013 against CC 31/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-30, Old Grain Market, Warangal Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Vurati Ramchander,
S/o. Mallaiah,
Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
FA 909 of 2013 against CC 32/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Gone Raju, S/o. Rajamallu, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 15 FA 910 of 2013 against CC 33/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Venkateswara Pesticides & Seeds, Girnibavi, Duggondi Village & Mandal, Warangal, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Pogaku Ravi, S/o. Yadagiri, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 911 of 2013 against CC 34/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-10, Old Grain Market, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Vurati Jayapal Reddy, S/o. Kommal Age: 30 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 16 FA 912 of 2013 against CC 35/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Rajarajeswawri Fertilizers Pesticides & Seeds, Girinibai Village, Duggondi Mandal, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Bhukya Lingulu, S/o. Harsham, Age: 32 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 913 of 2013 against CC 36/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musku Raju, S/o. Shankari, Age: 36 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 17 FA 914 of 2013 against CC 37/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-10, Old Grain Market, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Musuku Raji Reddy, S/o. Linga Reddy, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 915 of 2013 against CC 38/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sriphala Seeds and Pesticides, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Singireddy Linga Reddy, S/o. Chandraiah, Age: 43 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 18 FA 916 of 2013 against CC 39/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Adakula Ravinder, S/o. Rajamallu, Age: 41 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 917 of 2013 against CC 40/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Swathi Pesticides & Seeds, Opp: Head Post Office, Station Road, Warangal Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Erukala Ganapathi, S/o. Malla Reddy, Age: 30 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 19 FA 918 of 2013 against CC 41/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Adakula Mahender, S/o. Komuraiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 919 of 2013 against CC 42/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal .
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Vurati Linga Reddy, S/o. Ram Reddy, Age: 31 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 20 FA 920 of 2013 against CC 43/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Lone Linga Rao, S/o. Narasiah, Age: 31 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 921 of 2013 against CC 44/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sona Traders, H.No.16-7-40/2, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musuku Kamuara Swamy, S/o. Ramaiah, Age: 45 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 21 FA 922 of 2013 against CC 45/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-10, Old Grain Market, Warangal District, Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Nampally Sambasivudu,
S/o. Iyalaiah,
Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
FA 923 of 2013 against CC 46/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sreerama Seeds & Pesticides, Girinibavi, Duggondi Village & Mandal, Warangal District, Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Borala Linga Murthy,
S/o. Lachaiah,
Age: 30 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 22 FA 924 of 2013 against CC 47/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Divya Fertilizers Depot, Fertilizers, Pesticides & Seeds, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musku Raji Reddy, S/o. Mallaiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 925 of 2013 against CC 48/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sona Traders, H.No.16-7-40/2, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Bembera Yuva Raju, S/o. Veeraiah, Age: 39 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 23 FA 926 of 2013 against CC 49/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No. 8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Vardhineni Rajaiah, S/o. Sammaiah, Age: 25 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 927 of 2013 against CC 50/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds & Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Takkala Palli Dayakar, S/o. Veeraiah, Age: 25 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 24 FA 928 of 2013 against CC 51/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Noble Agencies Pesticides & Seeds Opp: Sunil Talkies, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Andiga Rajendra, S/o. Rajeshwar Rao, Age: 38 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 929 of 2013 against CC 52/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Takkalapalli Anil, S/o. Rajeshwar Rao, Age: 30 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 25 FA 930 of 2013 against CC 53/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Saptagiri Fertilizers, H.No.16-7-41, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Guneboina Sambaiah, S/o. Lingaiah, Age: 60 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
FA 931 of 2013 against CC 54/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sairam Depot H.No.16-7-142, Old Grain Market, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Nalla Raji Reddy, S/o. Yella Reddy, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
26
FA 932 of 2013 against CC 55/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-30, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musuku Sanjeeva Reddy, S/o. Linga Reddy, Age: 35 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 933 of 2013 against CC 57/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Enkatalla Sanjeeva Kumar, S/o. Chandra Mouli, Age: 40 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District.
*** Respondent/ Complainant 27 FA 934 of 2013 against CC 58/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Noble Agencies, Pesticides & Seeds, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Bhishmaiah, S/o. Janaiah @ Janardhan, Age: 38 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 935 of 2013 against CC 59/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds Beside SBH Main Road Narasampet, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Bandari Ashok,
S/o. Narsaiah,
Age: 35 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/
Complainant
28
FA 936 of 2013 against CC 60/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Banka Kumara Swamy, S/o. Chanaiah, Age: 42 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 937 of 2013 against CC 61/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds Beside SBH Main Road Narasampet, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Uma Maheshwara Reddy, S/o. Linga Reddy, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 29 FA 938 of 2013 against CC 62/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds Beside SBH Main Road Narasampet, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Ramana Reddy, S/o. Ram Reddy, Age: 41 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 939 of 2013 against CC 63/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Rajajeshwari Fertilizers, Pesticides & Seeds, Girinibai (V), Duggondi (M), Warangal Dist.
Rep. by its Proprietor.
3) Boddi Reddy or Naraisimha Reddy Seeds, Nekkonda Road Narasampet, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Goni Sanjeeva Reddy S/o. Malla Reddy Age: 38 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 30 FA 940 of 2013 against CC 64/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And E. Srinivas, S/o. Babu Rao, Age: 38 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 941 of 2013 against CC 65/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Rajajeshwari Fertilizers, Pesticides & Seeds, Girinibavi (V), Duggondi (M), Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And N. Ilaiah, S/o. Mallaiah, Age: 48 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 31 FA 942 of 2013 against CC 66/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And H. Srinivas, S/o. Shankar Rao, Age: 45 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 943 of 2013 against CC 67/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Madhuri Agencies Pesticides and Seeds, Opp: Sunil Talkies, Station Road, Warangal District.
Rep. by its Proprietor.
3) Nagendra Seeds Beside SBH Main Road Narasampet, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Musuku Pratap Reddy, S/o. Malla Reddy, Age: 70 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 32 FA 944 of 2013 against CC 68/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Bhupathi Fertilizers, Pesticides & Seeds, Girinibavi (V), Duggondi (M), Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Raja Mallu, S/o. Ramulu, Age: 52 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 945 of 2013 against CC 69/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies, Pesticides & Seeds, H.No.16-7-49, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And K. Ramesh, S/o. Mallaiah, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 33 FA 946 of 2013 against CC 70/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Madhuri Agencies Pesticides and Seeds, Opp: Sunil Talkies, Station Road, Warangal District.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And M. Shankar, S/o. Buchi Reddy, Age: 70 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 947 of 2013 against CC 71/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Vugender, S/o. Linga Reddy, Age: 45 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 34 FA 948 of 2013 against CC 72/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And H. Vinod Rao, S/o. Tanala Age: 45 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 949 of 2013 against CC 73/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-30, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And S. Rayapu Reddy, S/o. Dharma Reddy, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 35 FA 950 of 2013 against CC 74/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Gopal Rao, S/o. Rajaiah, Age: 42 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant FA 951 of 2013 against CC 75/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Lone Upender, S/o. Narasiah, Age: 28 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 36 FA 952 of 2013 against CC 76/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Venkateswara Pesticides & Seeds, Girnibavi, Duggondi Village & Mandal, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And A. Linga Reddy, S/o. Rajamouli, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 953 of 2013 against CC 77/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And N. Rajaiah, S/o. Kommulu, Age: 50 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 37 FA 954 of 2013 against CC 78/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And P. Raju, S/o. Ram Reddy, Age: 26 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 955 of 2013 against CC 79/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Jaya Sree Pesticides & Seeds, H.No.16-7-30, Old Grain Market, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And D. Raju, S/o. Bhaddu, Age: 35 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant 38 FA 956 of 2013 against CC 80/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Saptagiri Fertilizers, H.No.16-7-141, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogaku Sambaiah, S/o. Veera Swamy, Age: 40 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District.
*** Respondent/ Complainant FA 957 of 2013 against CC 81/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) New Punnami Agro Agencies, H.No.8-5-42, Opp: Sunil Talkies, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Konakati Raji Reddy, S/o. Mallaiah, Age: 65 Years, Occ: Agriculture, R/o. Venkatapuram Village, Duggondi Mandal, Warangal District. *** Respondent/ Complainant 39 FA 958 of 2013 against CC 82/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Noble Agencies Pesticides & Seeds Opp: Sunil Talkies, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Raju, S/o. Surender, Age: 25 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 959 of 2013 against CC 83/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Vasundara Seeds Corporation, H.No.8-5-27, Opp: Head Post office, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Surender, S/o. Dharmaiah, Age: 38 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 40 FA 960 of 2013 against CC 84/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Nagender, S/o. Sampath Reddy, Age: 25 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 961 of 2013 against CC 85/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Peddaveni Babu, S/o. Uppalaiah, Age: 35 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 41 FA 962 of 2013 against CC 86/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Kadudhula Raju, S/o. Mahender Reddy, Age: 25 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 963 of 2013 against CC 87/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Kapil Seeds & Pesticides, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Vasavi Murali, S/o. Bhadraiah, Age: 36 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 42 FA 964 of 2013 against CC 88/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Kapil Seeds & Pesticides, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Sadam Sambaiah, S/o. Dudaiah, Age: 46 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 965 of 2013 against CC 89/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Sampath Reddy S/o. Pratap Reddy, Age: 45 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 43 FA 966 of 2013 against CC 90/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Ankatalla Hamusal Reddy, S/o. Chandra Mouli, Age: 36 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 967 of 2013 against CC 91/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Noble Agencies Pesticides & Seeds Opp: Sunil Talkies, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Kamalakar, S/o. Janardhan, Age: 35 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 44 FA 968 of 2013 against CC 92/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Arukala Prathapa Reddy, S/o. Iylaiah, Age: 58 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 969 of 2013 against CC 93/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Kadudhula Mahender Reddy, S/o. Yella Reddy, Age: 50 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 45 FA 970 of 2013 against CC 94/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Vasundara Seeds Corporation, H.No.8-5-27, Opp: Head Post office, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Bellaboina Ravinder, S/o. Mallaiah, Age: 40 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 971 of 2013 against CC 95/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Kapil Seeds & Pesticides, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Panduga Mogilaiah, S/o. Kannaiah, Age: 65 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 46 FA 972 of 2013 against CC 96/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Lepakshi Agro Agencies Seeds & Pesticides, H.No.16-7-49, Old Grain Market, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Sanjeeva Reddy, S/o. Prathap Reddy, Age: 42 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 973 of 2013 against CC 97/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Noble Agencies Pesticides & Seeds Opp: Sunil Talkies, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Pogula Janardhan, S/o. Mallaiah, Age: 62 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 47 FA 974 of 2013 against CC 98/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Fathima Agencies, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Nagaboina Kumara Swamy, S/o. Raja Komuraiah, Age: 48 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 975 of 2013 against CC 99/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Sri Raghavendra Agencies, Shop No.25, Seetharama Complex, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor. *** Appellants/ Opposite Parties And Pogula Srinivas, S/o. Prathap Reddy, Age: 35 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 48 FA 976 of 2013 against CC 100/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Fathima Agencies, Station Road, Warangal Dist.
Rep. by its Proprietor. *** Appellants/ Opposite Parties And Nagaboina Yellaiah, S/o. Kattaiah, Age: 35 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant FA 977 of 2013 against CC 101/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Nagendra Seeds& Pesticides, H.No.8-7-142, Opp: Pochamma Temple, Station Road, Warangal Dist.
Rep. by its Proprietor.
*** Appellants/ Opposite Parties And Vangari Ramesh, S/o. Komuraiah, Age: 40 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant 49 FA 978 of 2013 against CC 102/2011, Dist. Forum, Warangal Between:
1) Seed Works International Pvt. Ltd., Rep. by its Managing Director (Producer & Manufacturer of U.S. Agri Seeds Hybrid Cotton Seeds (OBAMA BG II) 437, Avenue 4, Banjara Hills, Hyderabad - 500 034.
2) Kapil Seeds & Pesticides, Opp: Sunil Talkies, Station Road, Warangal District, Rep. by its Proprietor.
*** Appellants/
Opposite Parties
And
Nerella Dharma Reddy,
S/o. Ram Reddy,
Age: 65 Years, Occ: Agriculture, R/o. Akkampet Village, Atmakur Mandal, Warangal District. *** Respondent/ Complainant Counsel for the appellants: M/s. C. R. Sridharan Counsel for the Respondents: M/s. M. Ramgopal Reddy M/s. P. Narayana Reddy.
CORAM:
HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT & SRI R. LAXMI NARASIMHA RAO, HON'BLE MEMBER Oral Order : 01/05/2014 (Per Hon'ble Justice Gopala Krishna Tamada, President) ***
1) These appeals 97 in number are preferred by the dealer and manufacturer of hybrid cotton seeds Ops 1 & 2 respectively.
2) Though the Dist. Forum passed separate orders on the complaints filed by various complainants alleging that they had sustained loss due to supply of defective hybrid cotton seeds, since common questions of fact and law are involved, we are of the opinion that all these appeals could be disposed of by a common order:50
3) The parties are described as arrayed in the complaint before the Dist. Forum for felicity of expression and to avoid confusion.
4) The case of the complainants in brief is that they are residents of Venkatapuram and Akkampet villages of Duggandi and Atmakur Mandals respectively in Warangal District owning small extents of lands i.e., one or two acres and eking out their livelihood by attending to agricultural operations.
As the soil in the District of Warangal is prone for cotton growth and the complainants wanted to raise cotton crop and in that context they purchased OBAMA BG-II hybrid cotton seeds manufactured by Op1 on payment of costs vide various bills. The complainants sowed the said seeds in their respective lands , took all precautionary measures but they found that only 40% of the seeds have been germinated with poor scanty flower and boll. There was no yield as promised. Immediately the complainants along with other farmers rushed to the Opposite Parties with a request to visit the standing crop.
During their inspection they found that there was defect in the seed. The complainants submit that on the complaints made by the farmers the Principal Scientist (Cotton Breeding) Regional Agricultural Research Station, Warangal inspected the fields of the complainants and other farmers and submitted a report dt. 10.11.2010 to the effect that due to Jassid infestation the yield was very poor. The complainants allege that though the Opposite Parties promised to compensate the loss in the presence of inspection team they did not adhere to the same. As the complainants sustained heavy loss, they got issued a legal notice on 18.2.2011 for which the Opposite Parties gave evasive reply on 4.3.2011. In those circumstances, the complainants were constrained to approach the Dist. Forum seeking compensation for supplying defective seeds.
515) So far as Op1 is concerned, his main thrust is that he is only a dealer and he sells the cotton seeds as manufactured by the manufacturer who is added as Op2 for which he receives certain commission and he can in no way be found fault with when the said seeds do not yield as expected. So far as Op2 who is the manufacturer is concerned its contention as per the written version is as under :
The complainants did not send the sample seed for analysis to any laboratory as provided for u/s 13(1) (c) of the Consumer Protection Act to establish that the seed supplied by them was defective. The Opposite Parties never assured that OBAMA BG-II seed would sustain to all sorts of insects including Green Leaf Hopper (JASSID) or PACCHA DOMA nor that the yield would be between 15 and 20 quintals per acre. Dr. Gopinath, Principal Scientist of RARS, Warangal has not inspected the fields of complainants but only made random inspection of few fields in Venkatapur, Pallriguda, Obulapur, Veddegudem, Peddamupparam and Parkal Mandal. The Opposite Parties further submit that unless and until the seed meets the standards of 90% genetic purity they would not release the products into the market. There was no defect in the seed and the shortfall in the yield is due to heavy rainfall and sucking pests like JASSIDS. The Opposite Parties are not liable to pay any compensation and therefore prayed that the complaints be dismissed.
6) The Dist. Forum after considering the evidence placed on record i.e., Ex. A1 to A61 marked on behalf of complainant and Exs. B1 to B7 marked on behalf of Opposite Parties in CC No. 5/2011 particularly taking Ex. A5 report of Dr. Gopinath, Principal Scientist, RARS, Warangal came to the conclusion that there was defect in the cotton seed supplied by the Opposite Parties. The Dist. Forum assessed the loss at eight quintals per acre and further estimated that each quintal would value an amount of Rs. 3,000/-
and thus while allowing the said complaints awarded compensation.
527) As stated supra, questioning the said orders, the Opposite Parties preferred these appeals.
8) The learned counsel for the appellants Mr. C. R. Sridharan strenuously contended that the Dist. Forum failed to notice the observations of the Scientist that the primary cause for low yield was due to ineffective measures and continuous rainfall experienced during August & September, 2010 in Warangal District. The appellants/Opposite Parties never made any statement in Ex. B7 pamphlet or gave assurance to the farmers that Obama BG-2 Hybrid Cotton Seed is highly resistant to Jassids and heavy rainfall.
The Dist. Forum grossly erred in not appreciating the observations of the Scientist in Ex. A5 & A6 that alleged poor performance of the cotton crop is only due to heavy rainfall and ineffective and insufficient control measures to contain excessive infestation of Jassids which are no way attributable to the seed supplied by the appellants/opposite parties. In the light of Exs. A5 & A6 Scientist Report the Dist. Forum ought to have dismissed the complaints.
There is no evidence on record to suggest that the seeds supplied by the appellants/Opposite Parties do not conform to the prescribed standards. The learned counsel for the appellants/Opposite Parties heavily relying on Scientist Report contended that there is no defect in the seed supplied by the Opposite Parties and the loss of crop is solely attributable to poor crop management practices and climatic weather conditions prevailing during the said period and therefore prayed that the appeals be allowed by setting aside the orders of the Dist. Forum.
9) The learned counsel for the appellants further has drawn our attention to various judgements of National Commission:
(i) Jain Irrigation System Ltd., Vs. M. B. Malipathi - III (2011) CPJ 210 (NC)
ii) Haryana Seeds Development Corporation Ltd., Vs. Sadhu & Another - (2005) 3 SCC 198.
iii) Kesari Venkata Reddy Vs. Anaparthy Venkata Chalapathi Rao - I(2000) CPJ 439 (AP)
iv) Cosmo Plantgene Ltd., Vs. Asha Ram Sharma - I(2000) CPJ 349 (HP)
v) Gangaram Vs. Manager, M.P. Rajya Tihansangh - I (2000) CPJ 43 (Mp) 53
10) The learned counsel for the complainants Mr. P. Narayana Reddy and Mr. P. Rajasripathi Rao reiterating the stand taken by the complainants in their complaints submitted that the seeds that were manufactured by Op2 are defective in nature and in those circumstances only there was crop loss and the same has to be compensated by the manufacturer i.e., Op2. As it failed to do so, the complainants were constrained to approach the Dist.
Forum. He further contended that excepting the report of said Scientist Dr. Gopinath there is nothing on record either to establish or to hold that seeds are not defective or perfect. It is his further submission that though the seeds are very much available with Op2 i.e., the manufacturer, they never requested the Dist. Forum to send the samples for analysis to a government recognized laboratory with regard to genetic purity, and in those circumstances the Dist. Forum is justified in coming to the conclusion that the seeds are defective which aspect amounts to deficiency of service. He also placed reliance on the following judgements of Hon'ble Supreme Court.
(i) Maharashtra Hybrid Seeds Co. Ltd., Vs. Alavapati Chandra Reddy & Others (1998) 6 SCC 738.
(ii) H.N. Shankara Shastry Vs. Asst. Director of Agriculture, Karnataka (2004) 6 SCC 230.
(iii) Haryana Seeds Development Corporation Ltd., Vs. Sadhu & Another (2005) 3 SCC 198.
(iv) National Seeds Corporation Ltd., Vs. M. Madhusudhan Reddy & Another (2012) 2 SCC 506.
11) Before going into the various issues involved in these cases, it may be apt and necessary to refer to 'Consumer Movement' and its development all over the world including our country i.e., in India. In an effort to promote consumer protection, as the consumers are being surcharged in the market places it was felt that a movement is necessary to come to their aid and the roots took place in the United States of America (USA) as early as in 18th Century. In the second half of 18th Century the Meat Packing Industry in USA was functioning in an unhygienic condition and the meat was boiled in very large vats. It appears, in one of such boiling 54 vats when a worker fell in the boiling waters and by the time his body was removed only his skeletons were available however the water was not discarded and the meat including the meat of the worker was boiled in it.
11.1) In the year 1906 Mr. Upton Sinclair wrote a novel 'The Jungle' which portrayed the corruption prevailing in the American Meat Packing Industry and the unsanitary practices in the industry. In the light of said novel it has become necessary for the USA Government to pass an Act called ' Food & Drugs Act' in the year 1906. Later Stuart Chase and Frederick Schlink wrote ' Your Money's Worth' in the year 1927 with regard to cheating being meted out to the people as they are not getting the worth commodities for the money they spent. In the light of said book and various agitations , the people in USA have come together, and in the year 1936 the Consumers Union was formed. Similarly it also started publishing 'Consumer Reports' and in those circumstances the 'Consumer Reports' were sold by Consumer Unions. It has become so popular and the sales have gone up to six million copies. The 'Consumer Union' tests various products from pins to aeroplanes buying the articles in the open market, and it never accepted any article from the manufacturer.
11.2) Rachel Carlston, a Scientist published a book 'Silent Spring' in the year 1962 in which he highlighted the great damage on account of usage of pesticides. The pesticides not only kill the pests but also other insects and the birds which ate them. The pesticides got mixed in the rivers and the fish also died and the cheerful singing of birds during spring was not there. Everything was silent.
11.3) The consumers began to demand that they may be given better protection and on account of several agitations by the consumers, the then President of United States of America John F. Kennedy on 15.3.1962 in his address to the U.S. Congress categorically stated that all the consumers have four rights i.e., 1) The Right to Safety 2) The Right to Information 3) The right to Choose and 4) The Right to be heard.
5511.4) Thereafter Ralph Nadar shot into prominence in the year 1965 with his popular book titled as 'Unsafe at any Speed' which described many faults in the cars manufactured by General Motors and the cars were not safe for travel, and on account of the same the General Motors came forward, accepted its faults and rectified the cars.
11.5) 12 years after pronouncement of four rights by the then President John Kennedy, another U.S. President Gerald Ford felt that said four rights are not enough without awareness among the people. Thus he added another right 'The Right to Consumer Education', and according to him without consumer education a consumer can never be empowered.
11.6) The International Union of Consumer Organizations i.e., the world body of Consumer Organizations from different countries felt that said five consumer rights are not enough without a remedy when the complaints of the consumers are not acted upon. Therefore it suggested that the 'Right to Redressal' was necessary so that consumer grievances can be resolved.
After a bitter lobbying the United Nations Organization (UNO) accepted eight rights and the same were announced on 9.4.1995. All the Member Nations were urged to take measures to protect the interests of consumers.
11.7) The consumer movement that surprisingly started in the developed countries is almost a century old. The activities of stalwarts like Ralph Nader, whose name became almost synonymous with the consumer movement and approach of progressive looking Presidents like John F. Kennedy led to a series of legislations and regulations in the United States.
His book "Unsafe at any speed" is not only an exposure of Chaverlet Car but an indictment of auto industry as a whole. His gruella operations through "Centre for study of responsive law'" were phenomenal. Documentation by Nader's Raiders - idealistic and enthusiastic students woke up FTC and Food and Drug administration etc. from their slumber to respond to consumer problems. His 'Public Citizen' an umbrella organization for consumer organization did yeomen service to the cause of consumer 56 movement. In view of widespread exploitation of consumers by traders and service providers, it was felt all over the world that the consumer needed to be protected from the powerful lobby of business.
11.8) On 9.4.1985 United Nations by its Resolution No. 39/248 of the General Assembly recognised consumer rights on the level of human rights.
It adopted guidelines for consumer protection which provide a framework for governments to use in elaborating and strengthening consumer protection policies and legislation.
11.9) The consumer movement in U.S. can be said to have gained momentum when John F. Kennedy officially declared as 15.3.1963 (which day is celebrated as World Consumer's Day) four rights to the consumers namely, 1) Right to Safety 2) Right to Information 3) Right to Choice 4) Right to consideration of his grievances. The U.S. spends more than 30 billion dollars on consumer protection.
11.10) In United Kingdom warranty of merchantability has been developed and incorporated as an exception to the Caveat Emptor Rule in the Sale of Goods Act of 1893. More legislations like Restrictive Trade Practises Act, 1956 followed. The Consumer Protection Act, 1987 is the primary legislation dealing with consumer protection in U.K. now.
11.11) In Australia the Australian Industries Preservation Act 1906 was the first anti-trust legislation which was similar to Sherman Act 1890 of the United States. Trade Practices Act, 1965 was the next enactment which replaced 1906 Act. Again it was replaced by Trade Practices Act, 1974. The Act deals with restrictive trade practices and consumer protection and is aimed at eliminating unfair competition in trade and in strengthening the consumers.
5712) The General Assembly of the United Nations after extensive discussion and negotiations among Governments and taking into account the interests and needs of consumers in all countries, particularly those in developing countries, adopted the draft guidelines submitted by the Secretary General to the Economic and Social Council (UNESCO) in 1983. The objectives of these guidelines are:
a. To assist countries in achieving or maintaining adequate protection for their population as consumers. b. To facilitate production and distribution patterns responsive to the needs and desires of consumers. c. To encourage high levels of ethical conduct for those engaged in the production and distribution of goods and services to consumers. d. To assist countries in curbing abusive business practices by all enterprises at the 44 national and international levels which adversely affect consumers.
e. To facilitate the development of independent consumer groups. f. To further international cooperation in the field of consumer protection. g. To encourage the development of market conditions which provide consumers with greater choice at lower prices.
12.1) In India more than 30 enactments were passed to protect the interests of consumers like Essential Commodities Act, 1955, Drug Control Act, 1950, Drugs and Cosmetics Act, Agricultural Produces (Grading and Marketing) Act, 1955, Prevention of Food Adulteration Act, 1954, Standards of Weights and Measures Act, 1976, Weights and Measures Enforcement Act, Bureau of Indian Standards Act, 1986, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 and Trade and Merchandise Marks Act, 1958 etc. They do not provide relief to the consumer directly though punish the violator.
12.2) MRTP Act, 1969 and the Consumer Protection Act, 1986 are the two major Acts that provide direct relief to the consumers. MRTP Act is replaced by the Consumer Protection Act, 2002.
12.3) The framework for the Consumer Act was provided by a Resolution known as "Consumer Protection Resolution No. 39/248 dt. 9.4.1985 of the General Assembly of the United Nations Organization to which India is a signatory.
5812.4) The Consumer Protection Act, 1986 seeks to provide for better protection of the interests of consumers and for the said purpose, to make provision for the establishment of Consumer Councils and other authorities for the settlement of consumer disputes and for matters connected therewith, as would appear from the Preamble to the Act.
12.5) The salient features of the Consumer Protection Bill were to promote and protect the rights of consumers such as:
a. the right to be protected against marketing of goods which are hazardous to life and property; b. the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices;
c. the right to be assured, wherever possible, access to an authority of goods at competitive prices. d. the right to be heard and to be assured that consumers interests will receive due consideration at appropriate forums; e. the right to seek Redressal against unfair trade practices or unscrupulous exploitation of consumers, and f. right to consumer education.
12.6) In our country following the demands of Consumer Organizations, Karnataka and Madhya Pradesh Governments formulated Consumer Protection Bills and on the basis of said bills of respective states, the Government of India thought it fit to introduce a Central Legislation and thus the Consumer Protection Bill, 1986 has come into existence and the then President Giani Zail Singh gave his assent on 24.12.1986 and thus the Consumer Protection Act has come into existence. If we refer to the Statement of Objects and Reasons it seeks inter-alia to promote, and protect the rights of consumers such as:
Right of Protection
Right of Information
Right of Assurance
Right to be Heard
Right to seek Redressal and
Right to Consumer Education.
59
Further from the said Objects and Reasons, it is clear that the consumers
would be provided with speedy and simple redressal with regard to consumer disputes and the machinery which is constituted as per the Consumer Protection Act shall observe the principles of natural justice. From the above Objects and Reasons, it is manifest that principles of natural justice alone have a role to play and no other principle.
13) In the light of said pleadings, coupled with arguments advanced by both sides counsel, this Commission is of the view that trump card/main aspect revolves around the report of Dr. Gopinath, Principal Scientist, Regional Agricultural Research Station (RARS), Warangal which was marked as Ex. A4 and for better appreciation, we extract the same hereunder:
"I would like to bring to your kind notice that several complaints from cotton growing farmers in Warangal district are being received, as evident from the references mentioned above, stating poor performance of cotton crop. Accordingly the JDA has been requesting ADR, RARS, Warangal for the deputation of Scientists for filed inspection and identification of probable cause for poor performance of cotton crop in the particular cases.
Accordingly, I have inspected the cotton fields in
1. Venkatapur village of Duggondi mandal on 22-09-2010 (obama BG - 2 cotton hybrid of M/s.US Agri Seeds)
2. Pallariguda village of Sangem mandal on 27-09-2010 (Laya BG - 2 cotton hybrid of M/s. Fortume Agri Biotech)
3. Vaddegudem village Zafargadh mandal on 27-10-2010 (Doriya BG - 2 cotton hybrid of M/s.Yaganti Seeds)
4. Obulapur village of Zafargadh mandal on 27-10-2010 (Vikram 5 BG - 2 hybrid of M/s. Vikram Seeds)
5. Pedamupparam village of Narasimhulupet Mandal on 04-11-2010 (Surpas BG - 2 cotton hybrid of M/s. Bayer Co) and
6. Parkal mandal onn 06-11-2010 (Neeraja BG - 2 hybrid of M/s.Malyco Seeds).
Quiet interestingly the farmers of Thimmampet village of Zafarghad mandal have complained on the poor performance of cotton hybrids supplied by 14 seed companies.
In all the cases the genetic purity was observed to be 95-98%, irrespective of the hybrid and seed company. Before concluding, we may have to recapitulate the unusual weather conditions, that are continuing to prevail during 2010-11 crop season. As per the rainfall data recorded at RARS, Warangal a total rainfall of 731.8 mm was received in 46 rainy days from July to October, 2010. Almost every alternate day it is raining during July, August, September and October months. This has resulted in continuous wet soil condition. In addition the incidence of jassids (Green Leaf hoppers) was unabated, occurring above economic threshold level (ETL) in several broods (generation). Most of the farmers have relied on imidacloprid and its variants. Sucking pets have 60 developed resistance to imidacloprid. On the other hand, farmer could spray only 2-3 times to control jassids, which was insufficient. To control overlapping broods of jassids 6-8 rounds of spray is necessitated during 2010-11 season. Another aspect that might have reduced the efficacy of spray fluid was intermittent rains and subsequent wash of the insecticide before it is absorbed by the plant and become effective.
Continuous wet soils conditions has resulted in shedding of floral parts and tender bolls, which was aggravated by heavy incidence of sucking pests, particularly jassids, above ETL in overlapping broods.
As a result, the crop growth has been stunted, all the leaves become thick, leathery, downward curling into an inverted cup shape, yellowing, and turning into brick red with severe jassid injury. The shedding of squares, flower and tender bolls have resulted in barren plants with 5-10 bolls/plant only. The farmer is not hopeful about the rejuvenation of such sick crop, hence so much of commotion. It is very difficult to resort to amelioration measures to bring the crop to normalcy and to get minimum yields.
Among different cotton hybrids inspected, it is evident that hairy and densely hairy hybrids like Neeraja, Kanak and Dr.Brunt are having resistance to jassids inherently, whereas all the other hybrids that have been marketed in the district are appearing to be highly susceptible to jassids.
Thus the poor performance of cotton crop during 2010-11 season is due to more rain occurring in more number of rainy days, continuous wet soil condition and heavy jassid infestation in successive broods, than genetic impurity.
In view of the above, it is not worthwhile to inspect any cotton fields further in the district."
From a reading of the said report, we are of the view that said report is neither helpful to the complainants nor to the Opposite Parties for the reason that he has not specifically mentioned anywhere in the said report as to whether the said non-yield of required cotton is on account of defective seeds supplied by the Opposite Parties or adequate measures which were supposed to be taken by the complainants. The genetic purity was observed at 95-98%.
If the same is taken into consideration, it cannot be said that said seeds are of inferior quality, for the reason that as per the notification issued by Ministry of Agriculture, Department of Agriculture and Co-operation, New Delhi dt.
28.12.1993 defines genetic purity standards, and so far as cotton seed is concerned it is sufficient if it is 90%.
6114) The said report also states that there was heavy rain fall as per Regional Agricultural Research Station (RARS), Warangal and observed that the farmers are expected to spray pesticides to control overlapping broods of Jassids some 6-8 rounds whereas the farmers/complainants have sprayed only 2 -3 times.
14.1) Similarly, he also stated in his report that total rainfall of 731.8 mm was received in 46 rainy days from July - October, 2010 but he has not stated anywhere as to whether the formation of Jassids is on account of said heavy rain fall etc. Further he emphatically stated that there are different hybrid cotton seeds and hybrids like Neeraja, Kanak and Dr. Brunt are having resistance to Jassids inherently, and so far as all other hybrids are concerned he has categorically observed stating that they are highly susceptible to Jassids. In those circumstances, we are of the considered opinion that one cannot take any view from the said report whether the said failure of crop is because of act of God, inferior quality of seeds, or not taking proper care by the farmers.
14.2) If we accept the said report of the Scientist, we have to hold that there is no genetic impurity for the reason that the Scientist has categorically stated that the genetic purity was 95-98% but nowhere he stated the basis as to how he has arrived at that figure. In the absence of any basis, simply stating that the genetic purity is 95-98% in our considered view is hypothetical.
15) A procedure is provided for u/s 13(1)(c) of the Consumer Protection Act. A plain reading of that section shows that the District Forum can call upon the complainant to provide a sample of goods if it is satisfied that the defect in the goods cannot be determined without proper analysis or test.
After the sample is obtained, the same is required to be sent to an appropriate laboratory for analysis or test for the purpose of finding out whether the goods suffer from any defect as alleged in the complaint or from any other defect.
6215.1) From a simple reading of said provision of law, it is clear that a duty is cast upon the complainants to produce a sample before the Dist. Forum and request the same to send it for analysis which was not done in the cases on hand.
15.2) The learned judges of Hon'ble Supreme Court in M/s. National Seeds Corporation Ltd. Vs. M. Madhusudhan Reddy reported in AIR 2012 SC 1160 have taken the view that the burden is not only on the complainant but also on the manufacturer to provide samples of seeds and send them for analysis or for a test in a government recognized laboratory. At para 76 of the said judgement the learned judges observed as under:
76. The issue deserves to be considered from another angle. Majority of the farmers in the country remain illiterate throughout their life because they do not have access to the system of education. They have no idea about the Seeds Act and the Rules framed thereunder and other legislations, 66like, Protection of Plant Varieties and Farmers' Rights Act, 2011. They mainly rely on the information supplied by the Agricultural Department and Government agencies, like the appellant.
Ordinarily, nobody would tell a farmer that after purchasing the seeds for sowing, he should retain a sample thereof so that in the event of loss of crop or less yield on account of defect in the seeds, he may claim compensation from the seller/supplier. In the normal course, a farmer would use the entire quantity of seeds purchased by him for the purpose of sowing and by the time he discovers that the crop has failed because the seeds purchased by him were defective nothing remains with him which could be tested in a laboratory. In some of the cases, the respondents had categorically stated that they had sown the entire quantity of seeds purchased from the appellant. Therefore, it is naive to blame the District Forum for not having called upon the respondents to provide the samples of seeds and send them for analysis or test in the laboratory.
77. It may also be mentioned that there was abject failure on the appellant's part to assist the District Forum by providing samples of the varieties of seeds sold to the respondents. Rule 13(3) casts a duty on every person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of notified kind or variety to keep over a period of three years a complete record of each lot of seeds sold except that any seed sample may be discarded one year after the entire lot represented by such sample has been disposed of. The sample of seed kept as part of the complete record has got to be of similar size and if required to be tested, the same shall be tested for determining the purity. The appellant is a large supplier of seeds to the farmers/growers and growers. Therefore, it was expected to keep the samples of the varieties of seeds sold/supplied to the respondents. Such samples could have been easily made available to the District Forums for being sent to an appropriate laboratory for the purpose of analysis or test. Why the appellant did not adopt that course has not been explained. Not only this, the officers of the appellant, 68 who inspected the fields of the respondents could have collected the samples and got them tested in a designated laboratory for ascertaining the purity of the seeds and/or the extent of germination, etc. Why this was not done has also not been explained by the appellant. These omissions lend support to the plea of the respondents that the seeds sold/supplied by the appellant were defective.
6315.3) In fact according to Rule 13(3) of the Seeds Rules made under the Seeds Act, 1996, it is mandatory that every person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of notified kind or variety to keep over a period of three years a complete record of each lot of seeds sold.
15.4) Taking cue from the said judgement, we are of the considered opinion that it is not as though the complainants alone have to establish that the seeds in question are defective in nature but the manufacture i.e., Op2 is also responsible for not producing the said seeds before the Dist. Forum.
16) The Apex Court in Lucknow Development Authority Vs. M. K. Gupta reported in (1994) 1 SCC 243 has observed that :
"it appears appropriate to ascertain the purpose of the Act, the objective it seeks to achieve and the nature of social purpose it seeks to promote as it shall facilitate in comprehending the issue involved and assist in construing various provisions of the Act effectively. To begin with the preamble of the Act which can afford useful assistance to ascertain the legislative intention, it was enacted, 'to provide for the protection of the interest of consumers'. Use of the word 'protection' furnishes key to the minds of makers of the Act. Various definitions and provisions which elaborately attempt to achieve this objective have to be construed in this light without departing from the settled view that a preamble cannot control otherwise plain meaning of a provision. In fact that the law meets long felt necessity of protecting the common man from such wrongs for which the remedy under ordinary law for various reasons has become illusory. Various legislations and regulations permitting the State to intervene and protect interest of the consumers have become a haven for unscrupulous ones as the enforcement machinery either does not move or it moves ineffectively, inefficiently and for reasons, which are not necessary to be stated. The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful, business, described as, 'a network of rackets' or a society in which, 'producers have secured power' to 'rob the rest' and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered and shocked. The malady is becoming so rampant, widespread and deep that the society instead of bothering, complaining and fighting against it, is accepting it as part of life. The enactment in these unbelievable yet harsh realities appears to be a silver lining, which may in course of time succeed in checking the rot'.
16.1) The said view was reiterated by the Supreme Court once again in (2004) 6 SCC 230 in H.N. Shankara Shastry Vs. Asst. Director of Agriculture, Karnataka.
6417) The complainants have proved their cases beyond doubt by filing the report of Scientist, Dhruveekarana Patram and Pattadar Pass books to show that they sustained loss due to defective seeds supplied by the appellants. It is not the case of the appellants that the farmers in the neighbouring fields by using the same variety of hybrid cotton seeds had obtained the same quantity of yield as expected and as stated by the appellants. The loss of crop in the fields of complainants is an undisputed fact.
18) The only question is whether the loss of crop is attributable to defective seeds supplied by the Opposite Parties/appellants. The complainants could establish that there was crop loss but the appellants/Opposite Parties failed rebut the evidence by showing the data of yield obtained by other farmers who had used the same variety of hybrid seed during the said season. The onus is on the appellants to prove that the seeds supplied by them do not suffer from any defect especially when other varieties of seeds of other companies could fetch good yield in the same region relating to same crop season. The manufacturer did not send the seeds that were released to the market under the said batch in order to prove that the seeds were not of inferior in quality. It did not even file the government recognized laboratory test reports that were conducted before releasing the seeds to the market. The questions in regard to nature of land, irrigation facilities etc., were of general nature. The Scientist did not state that the lands were not suitable for raising cotton crop. The very fact that when other companies hybrid cotton seeds are highly resistant to pests as observed by the Scientist, an adverse inference can be drawn that there was deficiency in the seeds supplied by the appellants. There could not have been total loss of crop for all these agriculturists had seeds been in conformity with the specifications. We have absolutely no hesitation to hold that the crops were failed due to defective seeds. The complainants have proved by leading irrefutable documentary evidence that they have sustained loss in view of defect in the seeds.
6519) Coming to the quantum of compensation, it is not in dispute that the complainants have raised the cotton crop in an extent of land as mentioned in the complaints. If we take minimum 8 quintals per acre and computing @ Rs.3,000/- per quintal the loss would come to Rs.24,000/- per acre.
The complainants would get the yield after applying fertilizers and pesticides etc. All this includes cost of the crop. We do not find any illegality or irregularity in the orders passed by the Dist. Forum in so far as the manufacturer of seeds is concerned. As there is no role of dealer with regard to impurity or defect in seeds, he cannot be made liable to pay compensation.
While conforming the orders passed by the Dist. Forum against the manufacturer, we set-aside the liability fastened against the dealer.
20) For the aforementioned reasons, we do find any merits in the appeals preferred by the manufacturer i.e., Op2. In the result the appeals preferred by the manufacturer i.e., (Op2) are dismissed confirming the orders of the Dist. Forum. No costs. Time for compliance eight weeks.
However, the appeals preferred by the dealers i.e., (Op1) are allowed by setting aside the orders of the Dist. Forum against the dealers.
(i.e., Op1) No costs.
1) _______________________________ PRESIDENT
2) ________________________________ MEMBER *pnr 66 UP LOAD - O.K.