State Consumer Disputes Redressal Commission
Ramadoss vs The Proprietor, Sri Duraimurugan & ... on 7 December, 2015
IN THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MADURAI BENCH.
Present: Thiru.A.K.ANNAMALAI,M.A.,M.L.,M.Phil. PRESIDING JUDICIAL MEMBER.
Thiru.M.MURUGESAN, B.Sc., B.Ed., MEMBER.
F.A.No.531/2012
(Against the order in C.C.No.46/2011 dated 09.12.2011 on the file of DCDRF,
Tuticorin)
THE 07th DAY OF DECEMBER 2015.
Ramadoss,
S/o. Srinivasa Naicker,
D.No.1/57, West Street,
Chidamparapuram Village,
Kovilpatty Taluk,
Tuticorin District. Appellant/Complainant
Vs
The Proprietor,
Sri Duraimuam and Company,
307, Main Road,
Kovilpatti,
Tuticorin District. Respondent/Opposite Party
Counsel for Appellant/Complainant: M/s. S. Palanivelayutham & J. Ranjani Devi,
Advocates.
Counsel for Respondent/Opposite Party: Mr. Rajesh Saravanan, Advocate.
This appeal coming before us for final hearing on 08.10.2015 and on
hearing the arguments of the appellant and on perusing the material records this
Commission made the following:
ORDER
THIRU. A.K.ANNAMALAI, PRESIDING JUDICIAL MEMBER.
1. The unsuccessful complainant is the appellant.
2
2. The complainant is an agriculturist and he purchased ¾ kilograms snake-gourd seeds from the opposite party on 24.03.2011 which was not developed any buds when cultivated even after 12 days even though it was proceeded with as per the direction of the opposite party in cultivating the same and thereby alleging deficiency in service filed a consumer complaint claiming for Rs.40,000/- as compensation, Rs.30,000/- towards the loss and Rs.10,000/- for mental agony and sufferings and for costs.
3. The opposite party denied the allegations and contended that when the complainant had purchased the seeds the opposite party had not given any specific instructions as alleged by the complainant. As per the guidelines of the Tamil Nadu Agricultural University, Periyakulam the ground snake-gourd seeds have to be planted only during June, July or December and January only and the complainant purchased the seeds during the month of March which is not a conducive period for planting in spite of instruction given in this regard he had planted seeds in the month of March and he had not followed the instructions regarding the planting of seeds and thereby there was no deficiency in service on their part.
4. The District Forum on the basis of both sides' materials and after an enquiry, dismissed the complaint accepting the contentions of the opposite party and observed that the complainant has not proved his case. 3
4. Aggrieved by the impugned order, the complainant has come forward with this appeal contending that the District Forum erroneously dismissed the complaint without taking into consideration of the contentions of the complainant.
5. We have carefully considered both sides' materials and gone through the details of the order passed by the District Forum. The opposite party contended that he had given instruction to the complainant regarding the conducive period for planting seeds and in spite of the same without following the instructions the complainant planted the seeds during the month of March and the snake guard seeds have to be planted in the rainy seasons and if they were immersed inside the water for a whole day before planting they could not be planted and the above procedure would be followed only for the seeds which are shown in the pamphlet. But, the complainant contended that he had immersed the seeds in the water for a whole night before planting and thereby the contention of the complainant are not according to the instructions and procedures for cultivating the seeds purchased from the opposite party and the opposite party had sold only ground snake-gourd seeds and not hanging snake-gourd seeds as alleged by the complainant and thereby we are of the view that there is no error or infirmity in the finding of the District Forum in this regard and thereby this appeal deserves to be dismissed as devoid of merits. Accordingly, 4
6. In the result, the appeal is dismissed confirming the order of the District Forum, Tuticorin passed in C.C.No.46/2011, dated 09.12.2011.
No order as to cost in this appeal.
Sd/-xxxxxxxxx Sd/-xxxxxxxx M. MURUGESAN, A.K. ANNAMALAI, MEMBER. PRESIDING JUDICIAL MEMBER. INDEX: YES / NO TCM/Mdu Bench/Orders- 2015/Dce