State Consumer Disputes Redressal Commission
1.Vnr Seeds Pvt. Ltd., vs Vasari Indraiah on 7 November, 2023
1
BEFORE THE TELANGANA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION : HYD ERABAD.
FA.NO.508 OF 2020
AGAINST ORDERS IN CC.NO.227/2018, DISTRICT CONSUMER
COMMISSION, WARANGAL
Between:
1.VNR Seeds Pvt.Ltd., Represented by its Quality Controller And Supplier of VNR Seeds Incharge, Sy.No.8/1/A & 8/1/AA, Village Bandamylaram, Mulugu Mandal, Ranga Reddy District, Telangana State - 502 336.
2. M/s.VNR Seeds Pvt.Ltd., Represented by its Managing Director (Producer Manufacturer of VNR Seeds) Corporate Center, Canal Road Crossing, Ring Road No.1, Raipur - 492 001.
Chattisgarh, India and Ratnagiri Arcade, Opp. Raj Kumar College, G.E.Road, Raipur - 492 001, Chattisgarh, India.
.....Appellants/Opposite Parties 3 & 4 And
1. Vasari Indraiah, S/o.Veeraiah, Age: 56 years, Occ: Agriculture, R/o.Akkampet Village, Atmakur Mandal, Warangal Rural District.
.....Respondent No.1/Complainant
2. Agro Rythu Seva Kendram, H.No.16-7-142/C, Old Grain Market, Warangal, Rep. by its Proprietor.
.....Respondent No.2/Opp.Party No.1
3. Bharath Seeds, H.No.7-1-147, Opp: New Bus Stand, Hanamkonda, Rep.by its Proprietor.
.....Respondent No.3/Opp.Party No.2 Counsel for the Appellants/Opp.Parties 3 & 4: Sri Dr.Muddu Vijay Counsel for the Respondent No.1/ Complainant : Sri P.Narayan Reddy Counsel for the Respondent No.2&3 / Opp.Parties 1 & 2 : Sri Mattapalli Srinivas 2 QUORUM:
HON'BLE SMT. MEENA RAMANATHAN, IN-CHARGE PRESIDENT & HON'BLE SRI K.RANGA RAO, MEMBER-JUDICIAL TUESDAY, THE SEVENTH DAY OF NOVEMBER, TWO THOUSAND TWENTY THREE ******* Order : (Per Smt.Meena Ramanathan, Hon'ble I/C President)
1. This is an appeal filed U/s.15 of Consumer Protection Act,1986 praying this Commission to allow the appeal by setting aside the impugned order dated 19.03.2020, passed in CC.No.227/2018 on the file of District Consumer Disputes Redressal Forum at Warangal, directing the Opposite Parties jointly and severally liable to deposit in this Forum a sum of Rs.99,000/- towards crop loss for Ac.0.30 guntas of land with interest @ 7.5% p.a. from the date of filing of the complaint i.e., 06.01.2018 till the date of realization and to pay Rs.35,000/- per acre towards expenditure incurred by the Complainant including costs of seed and to pay Rs.10,000/- towards mental agony, legal expenditure including costs, within one month from the date of receipt of the order.
2. For the sake of convenience, the parties are described as arrayed in the complaint.
3. Briefly stated, the facts are that, the Complainant is a farmer and resident of Warangal District. He claims to have been cultivating chilli crops successfully for the last so many years. In his pleadings he has stated that:-
The Opposite Party No.1 is the authorized dealer of Opposite Party No.4 and the Opposite Party No.2 is the Distributor and Supplier of VNR Seeds and the Opposite Party No.4 and the Opposite Party No.4 is the Producer, Manufacturer and Marketing of VNR-145 Chilli Seeds.
4. The Complainant purchased 4 packets of VNR-145 seeds on 08.04.2017 vide Lot No.18540 and 4 packets on 12.04.2017 vide Lot No.2473 from the Opposite Parties by paying a sum of Rs.1,400/- and Rs.1,400/- respectively, vide Ex.A1 and sowed the said seeds in Ac.0.30 guntas. He incurred an expenditure of Rs.1,00,000/- per acre for cultivating the land and for labour, fertilizers, pesticides etc. 3
5. He further submits that on the assurance provided by the Opposite Parties that the VNR-145 chilli seeds are resistant to Jassid, heavy heat and rain and other diseases when he sowed the seeds in his field. Since the yield was very low, he along with other farmers approached the Opposite Party No.1 to inspect their fields but since there was no response, they approached the District Collector and finally went to the District Agriculture Officer (JDA). A District level committee was constituted to inspect the fields and report for taking appropriate action.
6. The present complaint is filed for the loss suffered and seeking compensation and justice for the supply of defective seeds and deficiency in service as exhibited by the Opposite Parties.
7. The Opposite Parties filed the written version and humbly submitted that the Complainant is doing agricultural activity on a large scale i.e., on commercial basis, hence the complaint does not come under the purview of Consumer Protection Act. It is further submitted that the Complainant has not filed any proof in respect of his residence or agricultural land to support the fact that he is the Pattedar of the land cultivated for chilli crops. The Opposite Parties have denied all the allegations raised by the Complainant in his complaint stating that all the statements are created for the purpose of filing the complaint.
8. VNR Seeds is a Company having qualified and trained personnel in the quality department and the germination test showed 96% before packing. This is supported by the DSIR (Department of Scientific and Industrial Research-Part of Ministry of Science and Technology) Certificate and the DNA Report.
9. The Opposite Parties further submit that the farmers/Complainants herein planted early being fully aware that there will be a heavy build-up of white fly, thrips attack and viral diseases. The claim of the Complainant is speculative in nature and they seek dismissal of the complaint with exemplary costs in the interest of justice.
410. Before the District Forum, the Complainant filed evidence affidavit as PW1 and Ex.A1 to A9 are marked on his behalf. The Complainant also examined DNA Finger Printing Expert as PW3 who was Assistant Director of Agriculture and District Agriculture Officer as PW4 on summons vide order in IA.No.65/2019 in CC.No.352/2018 and got marked Ex.X12 to X63. During the pendency of the case, the market valuation certificate was produced vide Orders in IA.No.264/2019 in CC.No.352/2018 by the Estate Officer, Rythu Bazar and Secretary Agricultural Market Committee, Warangal, which are marked as Ex.X87 to X90 and C.C. of same are filed, which are marked as Ex.A11 & A12 in CC.No.16/2018. Sri P.Srinivas Swamy, Regional Manager of opposite party no.3 filed evidence aff. as RW.1. Mr.Parag Agarwal, Plant Breeder in VNR Seeds Pvt. Ltd. filed evidence aff. as RW.2. Mr.Gourisetti Nagaraju, Distributor of VNR Seeds Pvt.Ltd. filed evidence aff. as RW.3. Mr.Konduri Vishweshwar Rao, Retailer of VNR Seeds Pvt. Ltd. filed evidence aff. as RW4. Ex.B1 to B17 are marked on behalf of opposite parties.
11. Aggrieved by the order of the District Forum as stated supra in para No.1, the Appellants/Opposite Parties filed this appeal contending that the Commission below had failed to consider the following:
Numerous issues have been raised by the Appellants, the sum and substance has been stated below in brief:-
The Forum below failed to consider that the Respondent No.1 failed to prove his case that there was a defect in the seeds.
The trial court failed to consider that Respondent No.1 sowed the seeds in the month of March/April, 2017 being fully aware that there will be a heavy build up of sucking pests. The Kharif season is during the month of July/August as denoted by the Vyavasya Panchagam of Pro.Jayashanker Telangana State University.
The Forum below failed to consider Ex.B8, wherein it is not mentioned about the seeds as spurious or defective.
The Forum below failed to consider the observations of the District level committee and also failed to consider 5 that R1 had not filed bills of the purchase of pesticides.
The report filed vide Ex.X14 and Ex.B8 were not properly discussed by the Forum below. The Forum did not take the weather report given by the Principal Scientist RARS, Warangal filed vide Ex.B11.
Chilli crop is very sensitive and non-filing of pesticide and fertilizer bills and relying entirely on the rains for irrigation clearly establishes that the Respondent failed to prove his case.
The Forum below wrongly came to the conclusion on the basis of Ex.X6 and misconstrued Ex.X11 . The Forum below failed to take into account that samples collected under Ex.X1 & X2 were done in the absence of the Appellants Company, which is contrary to Section 14(4) & Section 15 & Section 23 of the Seeds Act and Rule 25 of the Seeds Rules 1968. The learned Forum failed to consider Ex.B1 and also passed orders in IA.No.9 of 2020 without considering the contentions of the Appellants.
12. The point that arises for consideration is whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner? To what relief?
13. We have heard the arguments from the learned counsel on both sides and perused the voluminous records and the impugned order.
14. The reasoning and the discussion is based on the exhibits filed in CC.No.352/2018 bearing FA.No.239/2020.
15. The Respondent/Complainant purchased VNR-145 seeds vide Ex.A1 from opposite parties which is not in dispute.
16. That the Respondent/Complainant is the owner of the cultivated land as evidenced vide Ex.A2-computerized copy of Pahanis issued by the Tahsildar is also not in dispute.
617. The Respondent/Complainant has complained that normally after 40 days the green chilli crop would be ready for the first picking but in the instant case, even after 60 days the plants were looking barren and alleging defective seeds being supplied by the Opposite Parties, he has raised the present complaint. He has also claimed in his pleadings that he requested the Opposite Parties No.2 & 3 to visit his field but they did not respond, hence he went to the District Collector, Warangal & District Horticulture & Sericulture Officer, Warangal.
18. A keen perusal of the records reveal that the complaint was first raised on 07.07.2017 - Ex.A7 & A10 evidence the fact. The said exhibits are further discussed for a better understanding of the case on hand.
19. Ex.A7 dated 07.07.2017 is the subject with regard to the complaint by farmers of Akkampeta Village of Atmakur Mandal, who purchased Green Chilli variety VNR-145. Instructions are issued for joint inspection with Horticulture Officer and drawal of Act & leaf samples.
Reference is (1) - Argiculture Officer, Warangal Urban (2) - Mandal Agriculture Officer, Atmakur
20. On the submission of the farmers that the Green Chilli Variety VNR-145 purchased from the dealers of Warangal stating that there is low flowering and fruiting and heavily infected by virus, a request was made for deputation of the concerned scientist. Therefore, the Mandal Agriculture Officer, Atmakur was instructed to conduct joint inspection along with Horticulture Officer and report compliance at the earliest to the office. Further, the A.O. Warangal Urban was instructed to collect the seed samples of the above variety and send it for analysis. The Mandal Agriculture Officer was also instructed to collect the leaf samples of the variety and sent it for genetic purity test. Immediate necessary action is also recorded in the said memo.
21. Ex.A8 dated 10.07.2017 refers to the letter addressed from District Agriculture Officer to the Assistant Director of Agriculture, Telangana and reference is cited with regard to the MAO, Atmakur having drawn leaf samples of Green Chilli Variety VNR-145 as per the complaints of farmers of Akkampeta Village, Atmakur Mandal.
7The Department is requested to send the samples for analysis of genetic purity test. This letter/exhibit is supported by Ex.A9 dated 10.07.2017 wherein the MAO has referred once again to the complaint given by the farmers of Akkampeta Village of Atmakur Mandal, Warangal District on the green chilli hybrid VNR-145 produced and marketed by VNR Seeds Pvt.Ltd., Raipur, Chattisgarh. He has sent green chilli leaves of 50 plants (randomly selected) from only Akkampeta Village, Atmakur Mandal for genetic purity analysis. He has also mentioned the Lot No.1870. At this point, reference is made to the inspection report filed vide Ex.A10. The report is dated 07.07.2017 and submitted by Sri A.Nagaraju, MAO, Atmakur and Sri Thirupathi, Horticulture Officer, Atmakur. The crop is chillies and hybrid VNR-145 bearing Lot No.1870 is mentioned. Stage of the crop is flowering to fruiting. Physical characters noticed are:
(a) Crop is at the stage of flowering to fruiting stage having upward curling with low flowering and fruiting.
(b) Plants not shows uniformity, some plants at the stage of pre-
flowering, some plants at the stage of flowering to fruiting stage and some plants severely attacked by viral disease.
22. Based on the above report, random samples of the leaves were collected and sent for genetic purity assessment. Genetic purity test was conducted by extracting DNA from the 50 leaves and were compared with VNR-145 Hybrid standard type sample submitted by the Seed Company. This is evidenced vide Ex.A11 dated 01.08.2017. The conclusion of the report is as follows:-
"As field sample molecular profile is different from the standard profile, the sample is declared as MISBRANDED."
23. The report was submitted to the District Agriculture Officer, Warangal and Commissioner of Agriculture, T.S., Hyderabad for information and necessary action.
24. Ex.A14 dated 11.07.2017 is the Field Investigation Report of the Chilli Crop Failure in Warangal District. A Committee constituting of the following:
(1) Dr.T.Suresh Kumar - Scientist (Horti) & Head, HRS, K. Mallepally, Nalgonda District.
(2) Dr.B.Ram Prasad - Scientist (Entomologist), RARS, Warangal 8 (3) Smt.P.Sunitha - District Horticulture & Sericulture Officer, Warangal Urban & Rural Dist.
(4) Sri V.Vidyasagar, Assistant Director of Agriculture, Parkal (5) Sri N.Thirupathi, Horticultural Officer, Parkal visited the chilli fields of farms in Akkampeta Village, Atmakur Mandal of Warangal District on 11.07.2017 and their observations are reproduced for emphasis: Four fields were visited and the following are recorded:
Severe stunted vegetative growth Sparse branching Sparse flowering Not more than 4-5 flowers per plant Based upon the temperature data (5 years viz., 2013-2017) provided by the Associate Director of Research (ADR), Warangal, temperatures during the months from April to June are quiet normal and recorded the more or less same temperature. Hence, we cannot say that higher temperatures affected the chilli crop growth.
25. In their conclusion, the Committee has submitted that the supplied variety is not genetically pure and two very important points were raised:
How much seed (VNR-145) was supplied to the Dealers by the Company in the Warangal District along with Lot Nos. Whether Dealers have sold excess seed quantity other than seed company supplied to them regarding the VNR-145.
26. Hence the Committee recommended the Department of Agriculture and Horticulture to follow the guidelines pertaining to follow the supply of spurious seeds. From the above detailed discussion, the main points that need to be addressed are:-
(a) Is the Complainant cultivating the land as owner/lessee?
(b) The Lot Number as referred to in the complaint is different, whereas the documents only refer Lot No.1870.
(c) The two issues that need clarity are how much VNR-145 seed was supplied to the dealers by the company in Warangal District, along with Lot Numbers.
27. The Appellants/Opposite Parties have relied on Ex.B1 dated 11.08.2017, requesting for one more sampling of the Lot No.1870 from the Complainant's field. As per their contention, there is no 9 variation within the submitted sample of all 50 leaf samples, when DNA was amplified using ISSR markers 809, 923 & 886. Hence, they requested reconsidering validating the samples.
28. The point that requires emphasis is that the Appellants/Opposite Parties were well aware that the complaints pertaining to their seeds was raised within a period of four months from the date of purchase and they have participated in the sample testing the genetic purity of their seeds.
29. The Appellants/Opposite Parties have further relied on their own seed analysis report dated 04.05.2017 vide Ex.B5 where only 13 lot numbers of the Hybrid VNR-145 variety are mentioned and the lot number in the complaint or in the inspection report are visibly absent.
30. During the course of the proceedings in this Commission, the Appellants/Opposite Parties filed sales reports which we have considered. However, these reports are not marked. Names of individual Complainants and name of dealer and lot number are mentioned in this report and needs to be duly correlated with the complaint.
31. This name and date of purchase and lot number are tallying with the list provided by the Appellants/Opposite Parties. There was no flowering or budding as expected after 40 days.
32. The District Agriculture Officer on 03.08.2017 issued show cause notice vide Ex.A2 (pg.6/91). This notice clearly refers to genetic purity of VNR-145 leaf samples of Lot No.1870 as "Misbranded" and M/s.Raghurama Seeds & Pesticides, Old Grain Market, Warangal is instructed to explain why action must not be initiated against the firm for supply of such poor quality seeds and deceiving the farmers as per Section-7 of Seed Act, 1966, Clause 8A of Seed (Control) Order 1983 - within 3 days of receipt of notice. The explanation to this notice by the dealer Raghurama Seeds & Pesticides is not filed and on 16.08.2017 the license of the above firm was suspended by the DAO.
33. Now we refer to the Ex. X-18 dated 21.08.2017 which evidences the fact that show cause notice was issued to the 10 Appellants/Opposite Parties for violation of Section-6 of Seeds Act, 1966 and explain reasons for supplying chilli variety which is susceptible to pests and viruses and this notice further refers to the report submitted by the committee wherein inspection was randomly done for the fields in Akkampeta Village of Atmakur Mandal. The notice further states that since the variety VNR-145 of chilli is highly susceptible to sucking pests and viruses and has led to Rasta Roko and tense situation in Warangal District, the seed license bearing No.474 valid up to 16.01.2019 of M/s.VNR Seeds Pvt.Ltd., was cancelled with immediate effect.
34. A detailed study of the committee report is necessary, filed vide Ex.A14 and X14. The committee constituting of experienced members visited the fields of affected farmers with chilli fields of Akkampeta Village, Atmakur Mandal. The farmer sowed seeds in the last week of March and transplanted in the main field in the first week of May, 2017, area cultivated is 1.5 acres, report states that bill is enclosed.
35. Show cause notice was also issue vide Ex.X16 dated 03.08.2017 to M/s.Uma Maheswara Agro agencies with regard to lot No.1870 and as to why action should not be initiated against the firm for supply of such poor quality seed.
36. The reply given by the dealer was found not satisfactory as the result of genetic purity of lot No.1870 of VNR-145 was declared misbranded and there was continuous agitation from the affected farmers, the license of the above firm was suspended until further orders. Notices were also issued to the following dealers vide exhibits as follows and license suspended vide exhibits as under:
S.No. Name of the Dealer Notice issued License vide Ex.No. & suspended Date vide Ex.No. & Date 1 M/s.Thirumala Seeds & Ex.X20 Ex.X21 Pesticides 03.08.2017 16.08.2017
2. M/s.Jagadamba Pesticides & Ex.X22 Ex.X23 Seeds 03.08.2017 16.08.2017
3. M/s.Raghurama Seeds & Ex.X24 Ex.X25 Pesticides 03.08.2017 16.08.2017
4. M/s.Srilatha Pesticides & Seeds Ex.26 Ex.X27 03.08.2017 16.08.2017 11
5. M/s.Bharath Seeds Ex.X28 Ex.X29 03.08.2017 16.08.2017
6. M/s.Sri Kapil Seeds & Ex.X37 -
Pesticides 03.08.2017
7. M/s.Saptagiri Seeds & Ex.X38 -
Pesticides 03.08.2017
8. M/s.Sri Mamatha Agro Ex.X.39 -
Chemicals 03.08.2017
9. M/s.Agros Rythu Seva Kendram Ex.X40 -
03.08.2017
10. M/s.Gopikrishna Fertilisers & Ex.X41 -
Pesticides 03.08.2017
11. M/s.Sairam Fertiliser Depo Ex.X42 -
03.08.2017
37. Complaints were addressed to the Joint Director Agriculture, Warangal District, vide Ex.X30 to X36 from farmers of Agrahampada, Bandampalli, Mustyalpalli, Takkalpahad Village and all these are dated as follows:
Ex.X30 28.07.2017 Ex.X31 07.08.2017 Ex.X32 10.08.2017 Ex.X33 17.08.2017 Ex.X34 17.08.2017 Ex.X35 28.08.2017 Ex.X36 28.10.2017
And all these complaints are acknowledged by the Officer and on these complaints, Express Memos were addressed to the Mandal Agricultural Officer, Atmakur to collect leaf samples of the variety and send it for genetic purity test. This is dated 02.08.2017 and other exhibits from Ex.X43 to X51 dated as follows:
Ex.X43 02.08.2017
Ex.X44 10.08.2017
Ex.X45 17.08.2017
Ex.X46 17.08.2017
Ex.X47 18.08.2017
Ex.X48 18.08.2017
Ex.X49 26.08.2017
Ex.X50 31.08.2017
Ex.X51 26.08.2017
Ex.X53 06.09.2017
Ex.X54 16.09.2017
Ex.X55 21.09.2017
38. Basically all the complaints are around the same period as the complaints raised by the farmers of Akkampeta Village, Atmakur Mandal and they all pertain to the green chilli seeds (VNR-145) from the various dealers whose licenses were subsequently suspended.12
39. In reference to the Express Memo, the Horticulture Officer visited the field and observed abnormalities in the chilli fields grown from VNR-145 seeds and in conclusion requested the authority to immediately send the concerned scientist from RARS Warangal for better analysis for favour of the farmer.
40. In the light of the specific findings of the expert committee report and the fact that farmers from various other villages had also suffered similar tribulations, the license of the various dealers of the Opposite Parties were suspended.
41. The Opposite Parties have relied upon a judgment of the Hon'ble Supreme Court in C.A.No.1308 of 2005, wherein:
"Report was clear, definite and specific in findings that variation in condition of crop could not be attributed to quality of seeds but to other factors - in light of report of Expert Committee complaint was liable to be dismissed."
42. However in the instant case, the expert committee clearly concluded that the supplied variety of VNR-145 is not genetically pure. There was also a strong recommendation to the Department of Agriculture & Horticulture regarding the supply of spurious seeds and HOW MUCH VNR-145 was supplied to the dealers by the Company/Opposite Parties with Lot Nos.1870, 000160.
43. There is a definite finding by the committee that the supply of spurious seeds needs to be addressed. The Appellants/Opposite Parties have been completely aware of the proceedings prior to the complaint being filed before the District Commission, yet they did not provide the details asked by the expert committee nor did they insist on the seed samples being tested in a laboratory other than relying on their own analysis reports.
44. Ex.B8 dated 15.07.2017 is the report submitted by Dr.B.Ramprasad (Entomology) RARS, Warangal.
"Going by the extent of damage, it appears that variety VNR- 145 of chilli is highly susceptible to sucking pests & viruses. Further, there are very less chances of crop recovery at this stage, even with control measures recommendation also. Finally, the committee has 13 assessed the crop damage to be around 60-75% in the visited fields."
"Further, the committee has also visited another field of chilli variety, Sonali of Rasi Seeds Company Pvt.Ltd., which was transplanted on 1st week of May, 2017 and has put forth good flowering and fruit formation at this stage with minimum attack of viral diseases. Hence, it is normal. The report is submitted for further persuasion."
45. The reply provided by the Appellants/Opposite Parties vide Ex.B8 regarding the show cause notice dated 25.07.2017 is not satisfactory. On one hand, this exhibit states that farmers are getting very good benefits from this hybrid because of its Heat Set Characters and on the other hand contradict their statements by saying:
"This year because of the hot and dry climate, there was a good build up of whitefly and thrips."
46. Their only solution was that right chemicals must be applied at the right time and the disease is not seed borne. This is not properly substantiated by the Appellants/Opposite Parties and the committee report has challenged this by their conclusion which they have failed to answer. There was a strong suspicion that the seeds could have been spurious and the Company was directed to provide the quantity supplied to their dealers which they have failed to provide.
47. As per the general seed certification standards, the certifying authority can refuse certification of any seed production that does not conform to the minimum standards prescribed for that particular crop. The Appellants/Opposite Parties had sufficient notice to provide on re-testing the seeds to prove that it conforms to the prescribed standards in respect of physical purity, germination and insect damage. The holder of the certificate/license has, without reasonable cause, failed to comply with the conditions subject to which the certificate has been issued. The authorities gave the Appellant an opportunity before 14 cancelling the license vide Ex.X18 and later approached the Hon'ble High Court for re-certification vide WP.No.40269 of 2017 and the Hon'ble High Court revoked the said order.
48. The impugned order has also considered a very critical aspect that based on the parental lot number, different lot numbers are allotted and sale is thus carried out. When the lot No.1870 was tested, it neither tallied with nor matched with the parental lot number and therefore was "Misbranded".
49. Having discussed all the grounds urged in the appeal, the controversy that requires to be resolved is with regard to the crop loss, the market value of the crop on the said date and the compensation to be awarded to the farmer.
50. Although the Respondent/Complainant has represented in his pleadings that the expected yield is about 100-150 quintals per acre and this assurance was provided to him by the Appellants/Opposite Parties, no evidence is provided to authenticate this statement. A careful reading of Appellants/Opposite Parties submissions reveal that they have denied this exaggerated expectation and have also denied submitting such an assurance. Estimate as per the material provided by the agricultural indices reveal that fresh green chilli yield varies from 30-40 quintals only per acre in optimum condition. Given that the Complainant/Farmer/Respondent has suffered 60 to 75% crop loss, we calculate his crop loss assuming the optimum condition of yield. Since no substantial evidence has been provided as to the loss suffered, nor has the District Agricultural Officer quantified the loss, the estimate of loss is purely subjective.
51. As per the Vyavasaya Panchangam, 1 to 2 kgs of seeds is required to raise seedlings per hectare.
50 grams of seeds is required for 3 x 3 mm seed bed - i.e., 6000 seedlings.
15Per acre 650 grams of seed is required.
Hybrid variety 75 to 100 grams of seed is required per acre.
52. We have carefully perused Ex.B12 the VNR Hybrid Chilli Packet of 10 grams. To cultivate an acre, approximately 8 to 9 packets of VNR Hybrid is required.
The price as per Ex.X87 & X88 is as follows:
For the month of May,2017 : Rs.36/- to Rs.56/-
June,2017 : Rs.50/- to Rs.90/- July,2017 : Rs.50/- to Rs.80/-
This is the retail price per kg sold in the Rythu Bazaar to the public, but the fact remains that the farmer sells his produce/crop on wholesale basis, therefore, the price per kg needs to be decided considering that aspect. In view of the same, the price per kg may be taken at Rs.30/- since neither the Complainant nor the Opposite Parties have filed their relevant market indices pertaining to that period/year/month.
The average of these three months can be taken at Rs.30/- per kg.
53. The points that have been considered by us are as follows:
i. Date of purchase of seeds and number of packets purchased;
ii. Date of sowing and transplanting;
iii. Land documents to reflect ownership of land and it must correspond to land cultivated with the number of packets of seeds purchased i.e., 8 to 10 packets for one acre;
iv. The complainant has clearly pleaded about having adequate irrigation facilities, but has failed to provide any material evidence to prove this.
54. Seeds purchased towards the end of March requires a minimum of 20 days before transplantation and it cannot be considered as having been transplanted in the month of March itself. So also, seeds purchased in the Month of May as evidenced by the bill cannot be sown in the Month of April.
1655. These very glaring discrepancies have to be properly weighed and accounted for. A complaint cannot thus be blindly accepted when these obvious pleadings are wrong and mis-matched. These aspects were never adverted to or considered by the Commission below in the impugned order.
56. In their written submissions, the appellants/opposite parties have raised this objection which is reproduced for emphasis:
"xxxx thereby issuance of bills are half truth and untruth, therefore specifically denied in toto and the complainant shall be put to strict legal proof of the same".
Although this objection was raised, the Ex.A1 filed by the complainant which forms the very foundation of the complaint was not verified and we have very carefully and meticulously examined the same and noted that the Xerox copy in some complaints has the seal attested and signed upon, which seems suspicious and created for the purpose of filing the present complaint and does not infuse any confidence in lieu of an original bill or a proper Xerox copy of the original.
57. There is no justification for the fact that all the farmers/complainants suffered the loss in exactly the same manner as stated in their complaint. We need to reinforce this subjective statement and adopt a practical approach since every one of them could not have faced the very same problems when the methods of cultivation and soil factors vary and irrigation facilities have not been proven. Having given our thoughtful consideration to the yield and price referred to in the impugned order, we find it proper to conclude that since no farmer/complainant has submitted his data record with regard to yield and neither has the Agricultural Officer referred to this, to meet the ends of justice in view of the aforesaid discussions, the yield is calculated at 75% of 30 quintals which is equal to 22.5 quintals and so also the price of each quintal is calculated at Rs.3000/-. Therefore, the yield is estimated as follows:
17Yield for Ac.1.00 guntas = 22.5 quintals.
The Complainant cultivated to an extent of Ac.0.30 Guntas and loss of yield is 16.875 quintals Therefore, his loss is estimated as under:
16.875 quintals x Rs.3000 = Rs.50,625/-
Since we have calculated his loss to be about 16.875 quintals, he needs to be compensated only for the crop loss which would include the price of the seed and the expenses incurred for fertilizers and other ancillary expenses. The Complainant has not filed any bills for the expenses incurred and we find that granting the amount towards crop loss will cover these aspects also. The impugned order granted interest over and above the loss of yield and costs, which is not justifiable.
58. We consider only the Appellants/Opposite Parties responsible to compensate the Complainant/Respondent No.1. The impugned order needlessly placed liability on the dealer/s which we find unfair and not properly reasoned. Therefore, the appeal is partly allowed by modifying the impugned order.
59. In the result, the appeal is allowed in part and the order of the District Commission is modified as under:
The Appellants/Opposite Parties are directed to pay a sum of Rs.50,625/- to the Respondent No.1/Complainant along with Rs.10,000/- towards costs of the litigation. Time for compliance is eight weeks.
Sd/- Sd/-
I/C PRESIDENT MEMBER-J
Dt: 07.11.2023
UC*