State Consumer Disputes Redressal Commission
Nuziveedu Seeds Ltd. And Ors vs Shri Zumbar Kalu Patil And Ors. on 23 December, 2008
CONSUMER DISPUTES REDRESSAL COMMISSION CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA STATE, MUMBAI FIRST APPEAL NO.795 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.124/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.961/2006 1.
Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Rajkumar Kesharchand through Shri Shyamsundar H.Fofliya Gandhi chowk, Nandgaon Taluka Nandgaon, District Nasik ..Appellants/org.O.P.nos.1&2 V/s.
Shri Zumbar Kalu Patil R/o.Borale, Taluka Nandgaon District Nasik ..Respondent/org.complainant AND FIRST APPEAL NO.796 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.159/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.962/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Supushpa Agro Traders through Shri Sandeep S.Sirsat R/o.Galla no.1, Shivneri Complex Satana Road, Mousam Pool Malegaon, Taluka Malegaon, District Nasik
3. M/s.Kapadnis Traders through Vikas Gangadhar Kapadnis R/o.Shivam Nagar, Char-phata Nampur, Taluka Baglan, Dist.Nasik ..Appellants/org.O.P.nos.1,2&3 V/s.
1. Shri Yuvraj Rambhau Rondal
2. Shri Bhila Krushna Ahire Both R/o.Kothare Khurd, Taluka Malegaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.797 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.91/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.963/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Supushpa Agro Traders through Shri Sandeep S.Sirsat R/o.Galla no.1, Shivneri Complex Satana Road, Mousam Pool Malegaon, Taluka Malegaon District Nasik ..Appellants/org.O.P.nos.1 &2 V/s.
1. Shri Namdeo Yadav Thoke
2. Shri Anandsingh @ Anilsingh Bharat Thoke Both R/o.Borale, Taluka Nandgaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.798 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.90/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.964/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. Mahesh Seeds through Shri Dilip B.Mundada R/o.21, Ambedkar Shopping entre Yeola, Taluka Yeola, District Nasik ..Appellants/org.O.P.nos.1 &2 V/s.
1. Shri Subhash Chhaganrao Pawar
2. Sau.Alkabai Subhash Pawar Both R/o.Pardhadi, Taluka Nandgaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.799 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.92/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.965/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. Shubham Traders through Mr.Manoj Vijay Chandak Gandhi chowk, Nandgaon Taluka Nandgaon, Dist.Nasik ..Appellants/org.O.P.nos.1&2 V/s.
Shri Ramsingh Chindha Patil R/o.Borale, Taluka Nandgaon District Nasik ..Respondent/org.complainant AND FIRST APPEAL NO.800 OF 2006 Date of filing : 21/04/2006 IN CONSUMER COMPLAINT NO.161/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.966/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Supushpa Agro Traders through Shri Sandeep S.Sirsat R/o.Galla no.1, Shivneri Complex Satana Road, Mousam Pool Malegaon, Taluka Malegaon District Nasik
3. M/s.Deore & Sons through Ananda Trambak Deore R/o.Nampur, Taluka Baglan, District Nasik ..Appellants/org.O.P.nos.1,2 &3 V/s.
1. Shri Ramesh Gumansingh Pawar
2. Shri Kadusingh Kalu Raundal
3. Shri Chandrasingh @ Sumersingh Namdeo Morkar
4. Shri Rama Daga Suryanwanshi
5. Shri Dipak Shankar Morkar
6. Shri Pruthaviraj Bhausingh Pawar All R/o.Kothre Khurd, Taluka Malegaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.803 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.6/2005 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.973/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. Raka Krushi Seva Kendra through Shri Girdharilal Raka Taharabad, Taluka Malegaon District Nasik ..Appellants/org.O.P.nos.1 & 2 V/s.
Shri Madhukar Dhodha Mahajan R/o.Taharabad, Taluka Malegaon District Nasik ..Respondent/org.complainant AND FIRST APPEAL NO.804 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.126/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.974/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Kawade Bee Bhandar through Shri Balasaheb D.Kawade Bhendi Bazar Road, Nandgaon Taluka Nandgaon, District Nasik ..Appellants/org.O.P.nos.1 & 2 V/s.
1. Shri Subhash Bhavsingh Jadhav
2. Mr.Bhavsingh Punju Jadhav (Patil) Both R/o.Borale, Taluka Nandgaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.805 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.128/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.975/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Vijay Krushi Seva Kendra through Shri Rajaram Parbat Mahajan Ahilya Devi Chowk, Nandgaon Taluka Nandgaon, District Nasik ..Appellants/org.O.P.nos.1 & 2 V/s.
1. Mr.Pundlik Ganpat Salunkhe (Patil)
2. Mr.Mansingh Pundlik Salunkhe (Patil)
3. Mr.Santosh Pundlik Salunkhe (Patil)
4. Mr.Karansingh P.Salunkhe (Patil) All R/o.Borale, Taluka Nandgaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.806 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.125/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.976/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Rajkumar Kesharchand through Shri Shyamsundar H.Fofliya Gandhi chowk, Nandgaon Taluka Nandgaon, District Nasik ..Appellants/org.O.P.nos.1 & 2 V/s.
1. Shri Pravin Babulal Salunkhe
2. Vimlabai Babulal Salunkhe R/o.Borale, Taluka Nandgaon District Nasik ..Respondents/org.complainants AND FIRST APPEAL NO.807 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.160/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.977/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. M/s.Supushpa Agro Traders through Shri Sandeep S.Sirsat R/o.Galla no.1, Shivneri Complex Satana Road, Mousam Pool Malegaon, Taluka Malegaon District Nasik ..Appellants/org.O.P.nos.1&2 V/s.
Shri Jawansingh Sursingh Morkar R/o.Kothare Khurd, Taluka Malegaon District Nasik ..Respondent/org.complainant AND FIRST APPEAL NO.808 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.180/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.978/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. Mahesh Seeds through Shri Dilip B.Mundada R/o.21, Ambedkar Shopping entre Yeola, Taluka Yeola, District Nasik ..Appellants/org.O.P.nos.1 &2 V/s.
Shri Dyaneshwar Nivrutti Bhadke R/o.Ozar (Mig), Taluka Nifad District Nasik ..Respondent/org.complainant AND FIRST APPEAL NO.809 OF 2006 Date of filing : 24/04/2006 IN CONSUMER COMPLAINT NO.181/2004 Date of order : 23/12/2008 DISTRICT CONSUMER FORUM : NASIK @ MISC.APPLICATION NO.979/2006
1. Nuziveedu Seeds Ltd.
through D.G.M.Shri Bhaskar B.Gawande R/o.MIDC Phase III, Akola Taluka & District Akola
2. Mahesh Seeds through Shri Dilip B.Mundada R/o.21, Ambedkar Shopping entre Yeola, Taluka Yeola, District Nasik ..Appellants/org.O.P.nos.1 &2 V/s.
Shri Annasaheb Deoram Bhadke R/o.Ozar (Mig), Taluka Nifad District Nasik ..Respondent/org.complainant Corum:
Justice Mr.B.B.Vagyani, Honble President Mr.S.R.Khanzode, Honble Judicial Member Present:
Mr. Narendra Dhoot -Advocate for the appellants.
Mr.U.B.Wavikar-Advocate @ Mr.M.S.Naik-Advocate for the respondents.
: ORDER:
Per Justice Mr.B.B.Vagyani, Honble President
1. In all 13 agriculturists purchased onion seeds manufactured by M/s.Nuziveedu Seeds Ltd. M/s.Nuziveedu Seeds Ltd. is opposite party no.1 in all the complaints. Other Opposite parties are authorized dealers of M/s.Nuziveedu Seeds Ltd. Onion seeds were sown in the lands belonging to the respective complainants. However they did not get yield as promised. There was adulteration in the seeds. Agriculturists suffered losses. They were required to spend on cultivation. The Seeds company refused to pay compensation. Therefore Agriculturists filed consumer complaint bearing nos.90/2004, 91/2004, 92/2004, 124/2004, 125/2004, 126/2004, 128/2004, 159/2004, 160/2004, 161/2004, 180/2004, 181/2004 and 6/2005.
2. Seeds Co. and the authorized dealer opposed the consumer complaints. Seeds Co. sent sample of seeds to the Seeds Testing Laboratory for analysis. The Seeds Testing Laboratory examined the seeds and submitted its report to the District Consumer Forum. District Consumer Forum refused to consider the Seeds Analysis report submitted by Seeds Testing Laboratory, Pune, mainly on the ground that nothing was expressed about the genetic purity of seeds. District Consumer Forum considered the report submitted by District Seeds Grievance Redressal Committee, wherein the members of the District Seeds Grievance Redressal Committee opined that onion seeds were adulterated. Members of the District Seeds Grievance Redressal Committee expressed their opinion on the basis of local inspection of the crop.
3. District Consumer Forum partly allowed all the 13 consumer complaints and directed O.Ps to pay compensation to the complainants. District Consumer Forum directed Nuziveedu Seeds Co. to pay Rs.50,000/- to the complainant in consumer complaint no.90/2004, to pay Rs.2 lakhs to the complainant in consumer complaint no.91/2004, to pay Rs.50,000/- to the complainant in consumer complaint no.92/2004, to pay Rs.40,000/- to the complainant in consumer complaint no.124/2004, to pay Rs.50,000/- to the complainant in consumer complaint no.125/2004, to pay Rs.60,000/- to the complainant in consumer complaint no.126/2004, to pay Rs.50,000/- to the complainant in consumer complaint no.128/2004, to pay Rs.30,000/- to the complainant in consumer complaint no.159/2004, to pay Rs.30,475/- to the complainant in consumer complaint no.160/2004, to pay Rs.1,28,000/- to the complainant in consumer complaint no.161/2004, to pay Rs.50,000/- to the complainant in consumer complaint no.180/2004, to pay Rs.50,000/- to the complainant in consumer complaint no.181/2004, to pay Rs.72,500/- to the complainant in consumer complaint no.6/2005.
4. District Consumer Forum exonerated authorized dealer in some of the complaints and in remaining cases imposed joint liability on both.
5. Feeling aggrieved by the order passed by the District Consumer Forum, the Seeds Co. filed Appeal nos.795 to 800/2006 and 803 to 809/2006. Issue involved in all the appeals is one and the same. We are therefore inclined to dispose of all the appeals by common order.
6. We heard Ld.Advocate Mr.Narendra Dhoot for the appellants and Learned Advocate Mr.U.B.Wavikar-Advocate @ Mr.M.S.Naik-Advocate for the respondents.
7. Members of the District Seeds Grievance Redressal Committee on visual inspection have jumped to the conclusion that seeds were adulterated. There in nothing on record to show that all the complainants had exhausted entire seeds purchased by them. By way of illustration, we would like to point out that consumer in consumer complaint no.124/2004 had in fact purchased 8 packets of seeds. However, out of 8 packets, he used only three packets. It is quite possible that the complainants had also sown different variety of onion seeds. Complainants have not divulged any information in this behalf.
8. Report of District Seeds Grievance Redressal Committee cannot be relied upon in absence of supportive affidavit. District Seeds Grievance Redressal Committee consists of following persons:-
i) Agricultural Development Officer, Zilla Parishad -Chairman
ii) District Seed Certificate Officer -Member
iii) Regional/District Manager -Member Maharashtra State Seeds Corporation
iv) District Seed Officer Hybrid Seed Production officer - Member
v) Co-opted from Agricultural Officer, University -Member
vi) Quality Control Inspector of the District -Member Secretary
9. None of them have filed affidavit. Therefore the report of District Seeds Grievance Redressal Committee cannot be acted upon.
10. District Consumer Forum has brushed aside the report of Seeds Testing Laboratory without any valid reasons. District Consumer Forum found out a reason on its own and rejected the Seeds analysis report. A specific case is made out by the complainants that the seeds were found adulterated. Seeds Analysis report would clearly go to show that Physical purity of seeds was 100%. The Seeds analysis report would further go to show that inert matter was 0%. Other distinguishable varieties were absent. Normal growth was 73%. Seeds analysis report issued by Seeds Testing Laboratory, Pune is a best piece of scientific evidence. District Consumer Forum rejected this report on the ground that nothing is stated about genetic purity.
No dispute is raised with regard to genetic purity. All the complainants have made a serious grievance about adulterated seeds. Seeds analysis report is positive in all respect. Seeds were found pure. Other crop seeds were absent. Objectionable weed seeds were absent. Inert matter was absent. Percentage of pure seeds was 100%. Therefore the Seeds analysis report issued by Seeds Testing Laboratory, Pune cannot be brushed aside easily. This report goes against all the complainants. Seeds analysis report is a scientific report. Therefore, it has got more probative value than the report submitted by District Seeds Grievance Redressal Committee. Report of District Seeds Grievance Redressal Committee is the outcome of visual inspection only. On the contrary, the seeds manufactured by appellants were analysed in the Seeds Testing Laboratory. Seeds Testing Officer after thorough analysis came to the conclusion that physical purity of seeds was 100%. District Consumer Forum has rejected the scientific evidence without any justification. Genetic purity is not relevant for adjudication of issue involved in the consumer complaint. A limited question was raised with regard to purity of seeds. All the complainants have miserably failed to prove that seeds were adulterated. Under the circumstances, consumer complaints are liable to be dismissed. In the result, we pass following order;-
ORDER
1. All the appeals are allowed.
2. All the awards passed by the District Consumer Forum in consumer complaint nos. 90/2004, 91/2004, 92/2004, 124/2004, 125/2004, 126/2004, 128/2004, 159/2004, 160/2004, 161/2004, 180/2004, 181/2004 and 6/2005 are hereby quashed and set aside.
3. All the consumer complaints stands dismissed.
4. All the misc. applications stands disposed of.
5. Copies of the order be furnished to the parties.
(S.R.Khanzode) (B.B.Vagyani) Judicial Member President Ms.