State Consumer Disputes Redressal Commission
Ram Prakash vs National Seeds Corpn. Ltd. on 5 April, 2023
M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No. 1008 / 2022.
Ramprakash s/o Khachere,
Gram Padrai Ka Purai,
Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1.Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1009 / 2022.
Keshav Singh s/o Govind Singh, Gram Padrai Ka Purai, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1010 / 2022.
Dataram Jatav, s/o Shri Bhogiram Jatav, Gram Rayatpura, , Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
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2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1011 / 2022.
Balram s/o Shri Chhotelal, Gram Padrai Ka Purai, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1012 / 2022.
Santosh Singh Jatav, s/o Bhogiram, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1013 / 2022.
Deenanath s/o Darshanlal, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
- 3- Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1014 / 2022.
Kedar Singh Jatav, s/o Shri Tej Singh Jatav, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1015 / 2022.
Lalsingh Jatav, s/o Shri Gangaram Jatav, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
- 4- FA No. 1016 / 2022.
Chandrakali, wd/ o Shri Lakhan Singh, Gram Rayatpura, Padrai Ka Purai, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1017 / 2022.
Keshkali, wd/o Banwari, Gram Sherpur, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1018 / 2022.
Geetabai wd/o Late Shri Vijay Singh, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
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2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1019 / 2022.
Sukhlal (Sukhe) s/o Manohar, Gram Sherpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
FA No. 1020 / 2022.
Naranibai wd/o Late Shri Nathuram, Gram Rayatpura, Tehsil Gohad, District Bhind (M.P.). .... APPELLANT.
Versus
1. Regional Manager, National Seeds Corporation Ltd., 48 -49, Industrial Area, Govindpura, Bhopal (M.P.).
2. Senior Agriculture Extension Officer, Vikas Khand, Gohad, District Bhind, (M.P.). .... RESPONDENTS.
- 6- As per Shri Justice Shantanu Kemkar, (oral) :
Date of ORDER Order 05.04.2023 Shri M. L. Gupta, learned counsel for the appellant.
Shri Mohan Chouksey, learned counsel for the respondent no.1. Shri Bhanu Pratap Singh Ghuraiya, Senior Agriculture Extension Officer, Vikas Khand, Gohad / respondent no.2 is present in person.
Heard.
This order shall govern disposal of Appeal No.1008/2022, 1009/2022, 1010/2022, 1011/2022, 1012/2022, 1013/2022, 1014/2022, 1015/2022, 1016/2022, 1017/2022, 1018/2022, 1019/2022 and 1020/2022 as the facts and the question of law involved in all these appeals are identical. For the sake of convenience facts are taken from Appeal No.1008/2022.
2. Appeal No.1008/2022 arises out of the order dated 15.09.2022 passed by the District Consumer Disputes Redressal Commission, Bhind (for short the 'District Commission') in CC No.186 /2021 whereby the District Commission has dismissed the complaint filed by the appellant / complainant holding it to be barred by limitation.
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3. Learned counsel for the appellant has placed reliance on the order dated 12.12.2019 passed by Hon'ble High Court in WP No.16333 of 2019 (Kashmir Singh Gill Vs. National Seed Corporation and others) to contend that the liberty was granted to the farmers of the area Bhind to approach the Forum which has already been constituted under the Consumer Protection Act, 1986 (for short the "Act of 1986"). He submits that in pursuance to the said order the appellant / complainant had filed the complaint, but the same has been dismissed by the District Commission on the ground of limitation. He submits that the District Commission was supposed to consider the fact that a liberty was granted by the High Court to approach the District Forum constituted under the Act of 1986 and, therefore, the complainant was entitled to seek relief from the District Commission.
4. On the other hand learned counsel appearing for the respondent no.1 submits that in the order of the High Court on which reliance has been placed the limitation to file the complaint as prescribed under Section 24A of the Consumer Protection Act, 1986 has not been extended and no liberty has been granted to the farmers to the effect that they can approach within any fixed time from the date of passing of the order by the High Court. He submits that in the circumstances and more particularly when the appellant
- 8 having not filed any application seeking condonation of delay or exclusion of time spent by him in litigating before the wrong Forum the District Commission has rightly dealt with the issue and dismissed the complaint which was filed after 13 years from the date of accuring of the cause of action.
5. We have considered the rival contentions and we have perused the order 12.12.2019 passed by Hon'ble High Court in WP No.16333 of 2019 (Kashmir Singh Gill Vs. National Seed Corporation and others). The order of the High Court reads as under :-
" Gwalior, Dated :12-12-2019 Shri Hardayesh Kumar Shukla, learned counsel for the petitioner.
Shri F. A. Shah, learned Govt. Advocate for the respondent / State.
Learned counsel for the petitioner has raised public cause that defective seeds are being supplied to a large number of farmers of Bhind, Gwalior and Morena Districts. Reliance is placed for the purpose on an oral order passed by National Consumer Disputes Redressal Commission on 08.09.2015 where while disposing of revision petition, the order of State Consumer Disputes Redressal Forum, Madhya Pradesh, Bhopal was upheld by which the National Seeds Corporation was directed to pay Rs.50,000/- as compensation to the farmer.
Similar relief is sought by way of this PIL for all the farmers.
- 9- The Forums created under the Consumer Protection Act, 1986 (for brevity "1986 Act") can very well be approached by individual farmers.
Looking to the remedy available, this Court declines interference in the PIL, and leaves it open for individual farmers to raise their grievance before appropriate forum under the 1986 Act.
With the above said liberty, this petition stands disposed of."
6. On giving our anxious consideration to the order passed by the Hon'ble High Court it is clear that the Hon'ble High Court has not extended the period of limitation for filing the complaint as provided under the Act of 1986. We also find that the appellant had not filed any application seeking exclusion of the time spent by him in litigating before the wrong Forum. Moreover, we find that the appellant did not file an application for condonation of the delay. Therefore, the District Commission has committed no error in dismissing the complaint holding it to be barred by limitation. No interference is called for. The appeals deserve to be and are hereby dismissed.
7. This order be retained in Appeal No.1008/2022 and a copy of the same be placed in the record of Appeal No.1009/2022, 1010/2022, 1011/2022, 1012/2022, 1013/2022, 1014/2022, 1015/2022, 1016/2022, 1017/2022, 1018/2022, 1019/2022 and 1020/2022 (Justice Shantanu Kemkar) (D. K. Shrivastava) (Dr. Monika Malik) PRESIDENT MEMBER MEMBER Phadke