State Consumer Disputes Redressal Commission
The Managing Director, Karnataka State vs Mahadevappa on 6 November, 2023
Cause Title/Judgement-Entry KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION BASAVA BHAVAN, BANGALORE. First Appeal No. A/1363/2012 ( Date of Filing : 06 Jul 2012 ) (Arisen out of Order Dated 30/05/2012 in Case No. Complaint Case No. CC/57/2011 of District Gulbarga) 1. The Managing Director, Karnataka State Seeds Corporation Ltd., Beeja Bhavan, Bellary Road, Hebbal, Bangalore 560024 Through the Branch Manager, Karnataka State Seeds Corporation Ltd., Kotanoor (D), Jewari Road, Gulbarga . ...........Appellant(s) Versus 1. Mahadevappa Aged 44 years, S/o. Erappa Madeyal, Occ: Agriculture . 2. Chandrasha Aged 59 years, S/o. Doddappa Kumbar, Occ: Agriculture . 3. Smt. Mahadevi, Aged 51 years, W/o. Baburao Patil, Occ: Agriculture . 4. Malinath , Aged 45 years, S/o. Chandrahasa Ramaji, Occ: Agriculture . 5. Bhaganna, Aged 41 years, S/o. Mayanna Nasi, Occ: Agriculture . 6. Shivakiran, Aged 41 years, S/o. Bhimsha Nadageri, Occ: Agriculture . 7. Shivasharanappa , Aged 41 years, S/o. Bhimasha Nadageri, Occ: Agriculture . 8. Prabhu, Aged 36 years, S/o. Gurushantappa, Occ: Agriculture . 9. Srishail Aged 51 years, S/o. S/o. Gurushantappa Kalashetty, Occ: Agriculture . 10. Basavaraj, Aged 51 years, S/o. Gurushantappa, Occ: Agriculture . 11. Siddamma Aged 36 years, W/o. Prabhu Salagar, Occ: Agriculture . 12. Ningappa Aged 66 years, S/o. Gurappa Duddagi, Occ: Agriculture . 13. Sharanappa , Aged 50 years, S/o. Haramanthra Lohar, Occ: Agriculture . 14. Ratanabai , Aged 36 years, W/o. Malinath Madival, Occ: Agriculture . 15. Babu, Aged 40 years, S/o. Haramanthra Lohar, Occ: Agriculture . 16. Veeranna alias Veeru, Aged 76 years, S/o. Shivalingappa Kalashetty, Occ: Agriculture . 17. Revanasiddappa , Aged 41 years, S/o. Nagappa, Occ: Agriculture . 18. Rukmoddin , Aged 39 years, S/o. Dastagirisab Vagani, Occ: Agriculture . 19. Prabhakar, Aged 37 years, S/o. Chandrashekar Balamagi, Occ: Agriculture . 20. Dhondeba, Aged 46 years, S/o. Hanamanth Alur, Occ: Agriculture . 21. Siddanna, Aged 51 years, S/o. Sharanappa Yelakki, Occ: Agriculture . 22. Ashok, Aged 39 years, S/o. Siddanna Kalashetty, Occ: Agriculture . 23. Siddaramappa, Aged 51 years, S/o. Satappa Koulagi and Gundappa Aged 61 years, S/o. Shantappa Koulagi, Occ: Agriculture . 24. Ganapati , Aged 61 years, S/o. Hanamanth Alur, Occ: Agriculture . 25. Babusaheb, Aged 43 years, S/o. Maheboob Sab Shirur, Occ: Agriculture . 26. Srimanth, Aged 41 years, S/o. Keshavarao Khedale, Occ: Agriculture . 27. Hamantharaya , Aged 61 years, S/o. Shivaraya Chonoholi, Occ: Agriculture . 28. Revanasiddappa , Aged 41 years, S/o. Shamrao Srigani, Occ: Agriculture . 29. Ramachandra Aged 41 years, S/o. Devappa Meshala, Occ: Agriculture . 30. Gunderaya, Aged 46 years, S/o. Srimanth Konek, Occ: Agriculture . 31. Shantappa, Aged 61 years, S/o. Basaningappa Mududagi, Occ: Agriculture Respondents No. 1 to 31 ae R/o. Madeyal Village, Aland Tq., Gulbarga Dist. . 32. The Manager, Raitha Samparka Kendra Nimbarga, Tq. Aland, Dist. Gulbarga . 33. The Joint Director of Agriculture Near Karnataka Hindi Prachar Sabha, Gulbarga . 34. The Asst. Director of Agriculture Tq. Aland, Dist. Gulbarga . ...........Respondent(s) First Appeal No. A/2019/2012 ( Date of Filing : 05 Nov 2012 ) (Arisen out of Order Dated 30/05/2012 in Case No. Complaint Case No. CC/57/2011 of District Gulbarga) 1. Joint Director of Agriculture, Near Karnataka Hindi Prachar Sabha, Gulbarga. . 2. The Asst. Director of Agriculture Aland Taluk, Gulbarga Dist. . 3. The Manager Raitha Sampaka Kendra, Nimbarga, Aland Taluk, Gulbarga Dist. . ...........Appellant(s) Versus 1. The Managing Director, Karnataka State Seeds Corporation Ltd., Beej Bavan, Bellary Road, Hebgal, Bangalore-24, through The Branch Manager, Karnataka State Seeds Corporation Ltd.,Kotanoor(D), Jewargi Road, Gulbarga. . 2. Mahadevappa S/o Erappa Madival,R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 3. Hanmanth alias Hanamanthraya S/o Basaningappa Mudadagi . R/of: Madeyal Village, Aland Taluk, Gulbarga District, 4. Chandrasha S/o Doddappa Kumbar R/of: Madeyal Village, Aland Taluk, Gulbarga District, 5. Smt. Mahadevi W/o Baburao Patil R/of: Madeyal Village, Aland Taluk, Gulbarga District 6. Mallinath S/o Chandrsha Ramaji R/of: Madeyal Village, Aland Taluk, Gulbarga District, 7. Bhaganna S/o Mayappa Nasi R/of: Madeyal Village, Aland Taluk, Gulbarga District, 8. Shivakaran S/o Bhimsha Nadageri R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 9. Shivasharanappa S/o Bhimsha Nadageri All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 10. Prabhu S/o Gurushantappa Navali, All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 11. Srishail S/o Siddarama kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 12. Srishail S/o Gurushantappa Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District, . 13. Basavaraj S/o Siddappa Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 14. Siddamma W/o Prabhu Salagar All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 15. Ningappa S/o Gurappa Duddagi All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 16. Sharanappa S/o Hanamanthra Lohar All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 17. Ratanbai W/o Mallinath Madival All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 18. Babu S/o Hanamanth Marati All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 19. Mallinath S/o Siddaraya Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 20. Veeranan alias Veeru , S/o Shivalingapa Kalashetty ,All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 21. Revanasiddappa S/o Nagappa Denek All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 22. Rukumoddin S/o Daatagiriaab Vagani All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 23. Prabhakar S/o Chandrashekar Balamagi All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 24. Chandsab s/o Saipan Sab Jamadar All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 25. Basavaraj S/o Siddaraya at Sidrama Kalashett, All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 26. Sidarama S/o Chandrasha Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 27. Basavaraj S/o Chandrasha Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 28. Dhondeba S/o Hanamanth Alur , All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 29. Siddanna S/ Sharanappa Yelakki All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 30. Ashok S/o Siddanna Kalashetty All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 31. Sidaramappa , s/o Satappa Koulagi and Gundappa S/o Shantappa Koulagi,All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. . 32. Tarabai W/o Bhimashankar Simpage All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 33. Ganapati S/o Hanamanth Alur All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 34. Babusaheb S/o Maheboob Sab Shirur All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 35. Srimanth S/o Keshavarao Khedale All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 36. Keshavarao S/o Malappa Khedale All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 37. Hanamantharaya S/o Shivaraya Chincholi All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 38. Revanasiddappa S/o Shamrao Srigani All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 39. Basavaraj S/o Shamarao Srigani All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 40. Ramachandra S/o Devappa Mashala All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 41. Gunderaya S/o Srimanth Konek All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District. 42. Shantappa S/o Basanihgappa Mudugadi All are Majors, Occ: Agriculturist, All are R/of: Madeyal Village, Aland Taluk, Gulbarga District . ...........Respondent(s) BEFORE: HON'BLE MR. Ravishankar PRESIDING MEMBER HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi MEMBER PRESENT: Dated : 06 Nov 2023 Final Order / Judgement THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH) DATED THIS THE 6th DAY OF NOVEMBER, 2023 APPEAL NOs.1363/2012 and 2019/2012 PRESENT SRI RAVI SHANKAR, JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI, MEMBER 1. APPEAL No.1363/2012 The Managing Director, Karnataka State Deeds Corporation Limited, Beeja Bhavan, ...Appellant/s Bellary Road, Hebbal, Bengaluru-24 Through the Branch Manager, Karnataka State Seeds Corporation Limited, Kotanoor (D), Jewargi Road, Gulbarga (By Sri.R.S.Hegde, Advocate)
-Versus-
1. Sri.Mahadevappa S/o Erappa Madeyal, Aged: 44 years, ...Respondent/s Occ: Agriculture
2. Sri.Chandrasha, S/o Doddappa Kumbar, Aged 59 years, Occ: Agriculture
3. Smt.Mahadevi W/o Baburao Patil, Aged 51 years Occ: Agriculture
4. Sri.Malinath, S/o Chandrahasa Ramaji, Aged 45 years Occ: Agriculture
5. Sri.Bhaganna, S/o Mayanna Nasi Aged 41 years Occ: Agriculture
6. Sri.Shivakiran S/o Bhimsha Nadageri, Aged 41 years Occ: Agriculture
7. Sri.Shivasharanappa, S/o Bhimasha Nadageri Aged 41 years Occ: Agriculture ...Respondent/s
8. Sri.Prabhu, S/o Gurushantappa, Aged 36 years Occ: Agriculture
9. Sri.Srishail, S/o Gurushantappa Kalashetty, Aged 51 years Occ: Agriculture
10. Sri.Basavaraj, S/o Gurushantappa, Aged 51 years Occ: Agriculture
11. Smt.Siddamma, W/o Prabhu Salagar, Aged 36 years Occ: Agriculture
12. Sri.Ningappa, S/o Gurappa Duddagi, Aged 66 years Occ: Agriculture
13. Sri.Sharanappa S/o Haramanthra Lohar, Aged 50 years Occ: Agriculture
14. Smt.Ratanabai, W/o Malinath Madival, Aged 36 years Occ: Agriculture
15. Sri.Babu, S/o Haramanthra Lohar, Aged 40 years Occ: Agriculture ...Respondent/s
16. Sri.Veeranna @ Veeru, S/o Shivalingappa Kalashetty, Aged 76 years Occ: Agriculture
17. Sri.Revanasiddappa, S/o Nagappa, Aged 41 years, Occ: Agriculture,
18. Sri.Rukmoddin, S/o Dastagirisab Vagani, Aged 39 years Occ: Agriculture
19. Sri.Prabhakar, S/o Chandrashekar, Aged 37 years Occ: Agriculture
20. Sri.Dhondeba, S/o Hanamanth Alur, Aged 46 years Occ: Agriculture
21. Sri.Siddanna, S/o Sharanappa, Aged 51 years Occ: Agriculture
22. Sri.Ashok, S/o Siddanna Kalashetty, Aged 39 years Occ: Agriculture ...Respondent/s
23. Sri.Siddaramappa S/o Satappa Koulagi Aged about 51 years and Sri.Gundappa S/o Shantappa Koulagi, Aged 61 years Occ: Agriculture
24. Sri.Ganapati S/o Hanamath Alur, Aged 61 years Occ: Agriculture
25. Sri.Babusaheb, S/o Maheboob Sab Shirur, Aged 43 years Occ: Agriculture
26. Sri.Srimanth, S/o Keshavarao Khedale Aged 41 years Occ: Agriculture
27. Sri.Hamantharaya, S/o Shivaraya Chonoholi, Aged 61 years Occ: Agriculture
28. Sri.Revanasiddappa, S/o Shamrao Srigani, Aged 41 years Occ: Agriculture
29. Sri.Ramachandra S/o Devappa Meshala Aged 41 years Occ: Agriculture
30. Sri.Gunderaya S/o Srimanth Konek, Aged 46 years Occ: Agriculture ...Respondent/s
31. Sri.Shantappa S/o Basaningappa Mududagi, Aged 61 years Occ: Agriculture Respondent Nos.1 to 31 are R/o Madeyal village, Aland Taluk, Gulbarga District
32. The Manager, Raitha Samparka Kendra, Nimbarga, Tq: Aland, Dist: Gulbarga,
33. The Joint Director of Agriculture Near Karnataka Hindi Prachar Sabha, Gulbarga ...Respondent/s
34. The Asst. Director of Agriculture, Tq: Aland, Dist: Gulbarga (Respondent Nos.32, 33 and 34- By Sri.H.K.Basavaraj, Advocate) (Respondent Nos.1 to 31-Absent) 2. APPEAL No.2019/2012
1. The Joint Director of Agriculture Near Karnataka Hindi Prachar Sabha, Gulbarga ... Appellant/s
2. The Asst. Director of Agriculture, Aland Taluk, Gulbarga District,
3. The Manager, Raitha Samparka Kendra, Nimbarga, Aland Taluk, Gulbarga District (Appellant Nos.1 to 3- By Sri.H.K.Basavaraj, Advocate)
-Versus-
1. The Managing Director, Karnataka State Deeds Corporation Limited, Beeja Bhavan, ...Respondent/s Bellary Road, Hebbal, Bengaluru-24 Through the Branch Manager, Karnataka State Seeds Corporation Limited, Kotanoor (D), Jewargi Road, Gulbarga (By Sri.R.S.Hegde, Advocate)
2. Sri.Mahadevappa S/o Erappa Madeyal, Aged about 45 years, Occ: Agriculture
3. Hanamanth @ Hanamanthraya, S/o Basaningappa, Aged about 58 years, Mudadagi, Occ: Agriculture
4. Sri.Chandrasha, S/o Doddappa Kumbar, Aged about 58 years, Occ: Agriculture
5. Smt.Mahadevi W/o Baburao Patil, Aged about 50 years Occ: Agriculture ...Respondent/s
6. Sri.Malinath, S/o Chandrahasa Ramaji, Aged about 44 years Occ: Agriculture
7. Sri.Bhaganna, S/o Mayanna Nasi Aged about 40 years Occ: Agriculture
8. Sri.Shivakaran S/o Bhimsha Nadageri, Aged about 40 years Occ: Agriculture
9. Sri.Shivasharanappa, S/o Bhimasha Nadageri Aged about 40 years Occ: Agriculture
10. Sri.Prabhu, S/o Gurushantappa Navali, Aged about 35 years Occ: Agriculture
11. Sri.Srishail, S/o Gurushantappa Kalashetty, Aged about 45 years Occ: Agriculture
12. Sri.Srishail, S/o Gurushantappa Kalashetty, Aged about 45 years Occ: Agriculture
13. Sri.Basavaraj, S/o Siddappa Kalashetty, Aged about 50 years Occ: Agriculture
14. Smt.Siddamma, W/o Prabhu Salagar, Aged about 35 years Occ: Agriculture ...Respondent/s
15. Sri.Ningappa, S/o Gurappa Duddagi, Aged about 65 years Occ: Agriculture
16. Sri.Sharanappa S/o Haramanthra Lohar, Aged about 48 years Occ: Agriculture
17. Smt.Ratanabai, W/o Malinath Madival, Aged about 35 years Occ: Agriculture
18. Sri.Babu, S/o Hanamanth Marati, Aged about 40 years Occ: Agriculture
19. Sri.Malinath, Sidarayya Kalashetty, Aged about 35 years Occ: Agriculture
20. Sri.Veeranna @ Veeru, S/o Shivalingappa Kalashetty, Aged about 75 years Occ: Agriculture ...Respondent/s
21. Sri.Revanasiddappa, S/o Nagappa Denek, Aged about 40 years, Occ: Agriculture,
22. Sri.Rukmoddin, S/o Dastagirisab Vagani, Aged about 38 years Occ: Agriculture
23. Sri.Prabhakar, S/o Chandrashekar Balamagi, Aged about 36 years Occ: Agriculture
24. Sri.Chandsab, S/o Saipan Sab Jamadar, Aged about 36 years Occ: Agriculture
25. Basavaraj, S/o Sidarayya @Sidrama Kalashetty, Aged about 40 years Occ: Agriculture
26. Sri.Sidarama, S/o Chandrasha Kalashetty, Aged about 40 years Occ: Agriculture
27. Sri.Basavaraj S/o Chandrasha Kalashetty, Aged about 38 years Occ: Agriculture
28. Sri.Dhondeba, S/o Hanamanth Alur, Aged about 45 years Occ: Agriculture
29. Sri.Siddanna, S/o Sharanappa Yelakki, Aged about 50 years Occ: Agriculture
30. Sri.Ashok, S/o Siddanna Kalashetty, Aged 38 years Occ: Agriculture ...Respondent/s
31. Sri.Sidaramappa S/o Satappa Koulagi and Sri.Gundappa S/o Shantappa Koulagi, Aged about 55 & 60 years Respectively, Occ: Agriculture
32. Smt.Tarabai, W/o Bhimashankar Simpage, Aged about 60 years Occ: Agriculture
33. Sri.Ganapati S/o Hanamath Alur, Aged about 60 years Occ: Agriculture
34. Sri.Babusaheb, S/o Maheboob Sab Shirur, Aged about 42 years Occ: Agriculture
35. Sri.Srimanth, S/o Keshavarao Khedale Aged about 40 years Occ: Agriculture
36. Sri.Keshavarao S/o Malappa Khedale Aged about 60 years Occ: Agriculture
37. Sri.Hamantharaya, S/o Shivaraya Chonoholi, Aged about 60 years Occ: Agriculture ...Respondent/s
38. Sri.Revanasiddappa, S/o Shamrao Srigani, Aged about 41 years Occ: Agriculture
39. Sri.Basavaraj S/o Shamrao Srigani, Aged about 38 years Occ: Agriculture
40. Sri.Ramachandra S/o Devappa Meshala Aged about 40 years Occ: Agriculture
41. Sri.Gunderaya S/o Srimanth Konek, Aged about 45 years Occ: Agriculture
42. Sri.Shantappa S/o Basaningappa Mududagi, Aged 60 years ...Respondent/s Occ: Agriculture All are resident of Madeyal village, Aland Taluk, Gulbarga District (R2 to R42-Absent) COMMON ORDER BY SMT.SUNITA C. BAGEWADI, MEMBER The Appellant/Opposite Party No.1 in Appeal No.1363/2012 and the Appellant/Opposite Party Nos.2 to 4 in Appeal No.2019/2012 being aggrieved by the order dated 30.5.2012 passed by the District Consumer Commission, Gulbarga in Complaint No.57/2011. The facts involved in these Appeals are one and the same. Hence, these Appeals are taken up together and are being disposed of by a common order.
2. The brief facts of the complaint is that all the complainants in this case are residing of Madeval Village in Aland taluk and they are all agriculturists by profession and they own and possess the agricultural lands. The Opposite Parties No.1 to 4 are constituted and established by Government of Karnataka with an intention to promote the agricultural activities by providing good quality seeds and in turn use of purchase the good grains which were raised from the seeds supplied by it and also providing necessary instructions education to farmers through its officials in regard to sowing developing and timely harvesting of the crops etc. Further it is the case of the complainants that in the Kharif season of the year 2010 as per the demand of the Commissioner of Agricultural Department, the 1st Opposite Party supplied totally four different Companies TAU-1 black gram seeds namely 1) Black gram TAU-1 KSSC, 2) Black gram TAU-1 Ashwin seeds Company 3) Black gram TAU-1 V-Care seeds Company and 4) Black gram TAU-1 Varada seeds Company to the 2nd Opposite Party through the 3rd and 4th Opposite Party for selling the same to its member farmers in 50% subsidy. These complainants also being the members of the Opposite Parties in order to grow the black gram crop in the lands owned and possessed by them approached the 2nd Opposite Party and purchased black gram TAU-1 Varada seeds vide its March LOT No.10-10-06-F-71-74-27-69 in 50% subsidy and sown the said seeds in their lands, immediately after next day of the purchase of seeds as per the directions and instructions given by the Opposite Parties.
Further it is the case of the complainants that the normal height of the said black gram plants will be about 1-2 feet, but however, the height of the plants grown in the lands of the complainants from the seeds supplied by the Opposite Parties was more than 3 feet, but there was no flower seed to the said black gram crop and most of the crop became barren (Godda). So all these complainants were shocked and immediately they approached the Opposite Parties and gave information regarding total failure of the yield of the said black gram crops and requested to compensate the loss, for which the Opposite Parties did not respond. Thereafter these complainants with the help of consumer welfare organization and farmer welfare organization approached the Deputy Commissioner, Gulbarga on 21-9-2010 with a request letter for taking action against the Opposite Parties and for providing compensation to these farmers, who have sustained loss due to supply of low quality defective seeds by the Opposite Parties. Then the Deputy Commissioner, Gulbarga directed the 3rd Opposite Party to take necessary steps for providing compensation. Further it is the case of the complainants that the Director of Research University of Agricultural Science, Raichur having received complaints from various farmers have directed their scientist to make inspection of the various fields and submit a report in that regard and the said scientist visited the various villages in Gulbarga and Aland Taluk on 9-9-2010 and inspected the lands in which the black gram variety of TAU-1 Varada Seeds Company were grown and made enquiry the farmers and they have noticed that 70-80% black gram crops were admixtures, which did not resembled to the character of black gram variety TAU-1. They have also inspected the cloth bags of the seeds supplied by the 1st Opposite Party and other they found the seeds different lot numbers i.e. MAR 10-10-06-F-58. MAR 10-10-06-F-69, MAR 10-10-06-F-64 and MAR 10-10-06-F-71 was sown by the farmers. The scientist who visited the lands could not find any problem of insect pest and diseases in the said black gram crop fields. Therefore the report given by the Director of Research University of Agricultural Science, Raichur clearly shows that the seeds supplied by the 1st Opposite Party and defective and low quality one. The complaint was made before the Chief Minister of Karnataka through Consumer Welfare Organizations and requested to give compensation to these farmers who have sustained loss due to supply of defective seeds. Thereafter CMs office issued a direction to the Commissioner of Agricultural Department, Bengaluru vide letter dt: 27-10-2010 to take necessary steps for providing compensation to the farmers who have suffered loss due to supply of defective seeds. Thereafter the Commissioner, Agriculture Department conducted enquiry and investigation to came to the conclusion that the farmers have suffered loss due to the supply of defective seeds for which it was ordered to sanction Rs.1,500/- compensation per acre in respect of the farmers, who sustained loss due to purchase of Varada seeds black gram TAU-1 and directed the 3rd Opposite Party and 4h Opposite Party to disburse the compensation at that rate and inspite of such directions and release of funds. The Opposite Parties Nos.3 and 4 have not paid any compensation to the farmers and these complainants inspite of several requests made by them, so this act of the Opposite Parties amounts to gross deficiency in service and unfair trade practice. Hence these complainants after giving notice dt.15-11-2010 filed this joint complaint as they could not get any proper response from the Opposite Parties.
3. The Opposite Party No.1, 3 & 4 on service of notices contested the complaint on several grounds by filing their versions and the 2nd Opposite Party remained exparte.
4. The Opposite Party No.1 contended that the appellant has not supplied /sold black gram TAU-1 verity seeds produced by M/s. Varada Seeds Company and the seeds produced by the said Company had been purchased by the Opposite Party Nos. 2 to 4 and distributed and sold to the farmers including the complainants under subsidy scheme and also has denied the alleged report of Director of Research, University of Agriculture, Raichur with regard to the remarks that the seeds supplied by appellant are defective and low quality seeds.
It is further contended that various other reasons are responsible like improper cultivation in the lands and low yield of crop and failure of crop mainly due to heavy and continuous rains, uncontrolled pest attacked, uncontrolled growth of weeds in the lands and weather conditions.
5. The Opposite Party Nos.3 and 4 also contested the complaint denying the various allegations made in the complaint.
6. After trial, the District Consumer Commission has allowed the complaint and the opposite Parties No.1 to 4 jointly and severally ordered to pay compensation to the complainants @ Rs.5,000/- per acre after deducting Rs.1,500/- per acre which is already deposited by Opposite Party Nos.3 and 4 before this Forum in respect of area in which they have grown the said black gram TAU-1 Varada Seeds Crop along with litigation cost of Rs.250/- to each of the complainants.
7. Being aggrieved by the said order, the Opposite Party No.1 to 4 has filed these two Appeals before this Commission.
8. Heard the arguments.
9. Perused the appeal memo, the order passed by the District Consumer Commission, Gulbarga. We noticed that, it is not in dispute that, as per demand of the Commissioner of Agriculture Department/the 1st Opposite Party had secured and supplied four different Company's Black Gram seeds i.e. 1) Black Gram TAU-1 KSSC, 2) Black Gram TAU-1 Ashwin seeds Company 3) Black Gram TAU-1 V-Care Seeds Company and 4) Black Gram TAU-1 Varada Seeds Company through the 2nd Opposite Party to the farmers on subsidy basis in Kharif season of 2010 to the complainants. It is evident that Ex.125 the failure of the said crops has appeared in various newspapers and also it is evident that Ex.R15B report of Director of Research University of Agriculture Sciences, Raichur to inspected the lands of the complainants in which they have notice that 70% to 80% Black Gram crops were admixtures. Also they do not find any problem of insect pest and diseases on the crop and submitted the report which reveals that the crops were failed due to defects in seeds of Black Gram TAU-1 Varada Seeds. It is also evident that Ex.R11 after taking the decision in the meeting held on 1-11-2010 for giving compensation of Rs.1,500/- per acre and the 1st Opposite Party has released total compensation of Rs.2,92,500/- payable to the farmers of Gulbarga District to the Joint Director of Agriculture, Gulbarga/the 3rd Opposite Party vide letter dated 12-1-2011. It is also evident that Ex.R14, the advocate for complainants obtained information from the Agriculture Department under RTI in which it was stated that during the year 2010-2011 as there was heavy rain in the month of July and August, the Black Gram crops yield of the said crop was ordinary.
10. In Appeal memo and in written arguments, the 1st Opposite Party stated that he is a formal party and on requisition of the Agriculture Department secured seeds by calling tenders and supplied the same to the department. Hence the appellant is not responsible for the loss suffered to the complainants. Perused the documents, we are of the opinion that, the 1st Opposite Party is a Corporation established by the Government of Karnataka to promote agricultural activities by providing good quality of seeds. Hence, it is the duty of the 1st Opposite Party to supply the certified and good quality seeds to the 2nd Opposite Party department who can supply it to the farmers. Moreover, the Opposite Party Nos.3 and 4 admitted that, the complainants who purchased the Black Gram TAU-1 Varada Seeds suffered loss. Moreover, the department has taken decision in meeting dated 1-11-2010, that the complainants who have suffered loss due to TAU-1 Varada Seeds entitled for the compensation and the 1st Opposite Party had released the amount of Rs.2,92,500/- and sent to the 3rd Opposite Party/Joint Director of Agriculture Department, Gulbarga. Means the 1st Opposite Party has accepted the liability and released the amount payable to the complainants. Hence, the contention that the 1st Opposite Party is a formal party and not responsible for the loss to the complainants due to defective seeds is not acceptable. Moreover, the Opposite Parties have not produced any documents to show that on what basis the Agriculture Department has taken decision to sanction the compensation of Rs.1,500/- per acre to the complainants who suffered the loss due to the defective Black Gram TAU-1 Varada Seeds.
11. Perused the order of the District Commission, we noticed that the District Commission taking into consideration, the minimum yield of the crops as two quintals per acre even the yield of black gram crop in the year was ordinary placed compensation of Rs.5,000/- per acres as market price of the said crop. We also agree with the order passed by the District Commission, because the farmers are the bone of our Indian society and agriculture is the main occupation of them. They contribute some of the percentage to the country's economy. If we resolve the farmer's problem, our country will be prosperous.
12. Perused the order, we noticed that during the pendency of proceedings before the District Commission on 20-1-2012 the Opposite Party No.3 and 4 through the District Government pleader have deposited a sum of Rs.98,325/- before the District Commission towards compensation payable to the complainants who suffered loss due to defective seeds of Black Gram Seeds of TAU-1 Varada Seeds.
13. Hence, considering the facts and discussion made here, we are of the opinion that, the order passed by the Hon'ble District Commission is just and proper, no interference is required. Accordingly, we proceed to pass the following:-
O R D E R The Appeal Nos.1363/2012 and 2019/2012 are hereby dismissed.
The impugned order 30.5.2012 passed by District Consumer Disputes Redressal Commission, Gulbarga in CC.No.57/2011 is confirmed.
The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the complainants.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Member Judicial Member [HON'BLE MR. Ravishankar] PRESIDING MEMBER [HON'BLE MRS. Smt.Sunita Channabasappa Bagewadi] MEMBER