State Consumer Disputes Redressal Commission
Vision Organics vs Jagdish on 9 December, 2022
M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No.1046/ 2019.
Vizien Organics,
Through Managing Director,
312, Ambar Tower, Commercial Complex,
Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1.Mukesh s/o Tulsiram Jat, R/o Gram Kunjargaon, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1122/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Mukesh s/o Tulsiram Jat, R/o Gram Kunjargaon, Tehsil Harda, District Harda, Madhya Pradesh.
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2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1047/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Jagdish s/o Ramgopal, R/o Gram Kheda, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1123/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
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Versus
1. Jagdish s/o Ramgopal Jat, R/o Gram Kheda, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1048/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Ashok s/o Laxminarayan, R/o Gram Sanyasa, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
- 4- FA No.1124/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Ashok s/o Laxminarayan Jat, R/o Gram Sanyasa, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1049/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Suresh s/o Hukumchand Tholya, R/o Gram Sanyasa, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
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3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1125/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Suresh s/o Hukumchand Tholya, R/o Gram Sanyasa, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1050/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Revaram s/o Navalji Jat, R/o Gram Bhairopur, Tehsil Harda, District Harda, Madhya Pradesh.
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2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1126/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Revaram, R/o Gram Bheropur, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1051/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
- 7- Versus
1. Yogesh s/o Amarchand Sirohi, R/o Gram Bhunnas, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1127/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Yogesh s/o Amarchand Sirohi, R/o Gram Bhunnash, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
- 8- FA No.1052/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Manish s/o Ramvilas Sirohi, R/o Gram Bhunnas, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1128/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Manish s/o Rambilash Sirohi, R/o Gram Bhunnash, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
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3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1053/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Rajnarayan s/o Ramvilas Sirohi, R/o Gram Nimgaon, Tehsil Handia, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1129/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Rajnarayan, R/o Gram Neemgow, District Harda, Madhya Pradesh.
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2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1054/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Rajesh s/o Revaram Jat, R/o Gram Bhonkhedi, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1130/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
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Versus
1. Rajesh s/o Rewaram Jat, R/o District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1055/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Ganesh s/o Jagram Jat, R/o Gram Bhonkhedi, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
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FA No.1131/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Ganesh s/o Jagram Jat, R/o Gram Bhonkhedi, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1056/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Abhishek s/o Revaram Jat, R/o Gram Kunjargaon, Tehsil Harda, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
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3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1132/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Abhishek s/o Rewashankar Jat, R/o Gram Pidgaon, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1057/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
Versus
1. Sanjay s/o Heeralal Jat, R/o Gram Pidgaon, Tehsil Harda, District Harda, Madhya Pradesh.
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2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1133/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Sanjay s/o Heeralal Jat, R/o Gram Pidgaon, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1058/ 2019.
Vizien Organics, Through Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033. .... APPELLANT.
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Versus
1. Revaram s/o Ramgopal Jat, R/o Gram Devatlav, Tehsil Handia, District Harda, Madhya Pradesh.
2. Harsh Agro Agency, Through Proprietor Anand Vishwakarma, Chhipaner Road, Bypass Harda, Tehsil Harda, District Harda, Madhya Pradesh.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
FA No.1134/ 2019.
Shri Anand Vishwakarma, s/o Shri Jagdish Vishwakarma, Proprietor of Harsh Agro Agecy, Chhipaner Road, Bypass Harda, Tehsil & District Harda. .... APPELLANT.
Versus
1. Revaram s/o Ramgopal Jat, R/o Gram Devtlav, District Harda, Madhya Pradesh.
2. Visean Organics, Through its Managing Director, 312, Ambar Tower, Commercial Complex, Azadpur, Delhi - 110 033.
3. Deputy Director, Agriculture Department, Khandwa Bypass Road, Harda (M.P.). ....RESPONDENTS.
- 16 - BEFORE:
HON'BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT HON'BLE SHRI S. S. BANSAL, MEMBER HON'BLE DR. (SMT) MONIKA MALIK, MEMBER COUNSEL APPEARING FOR THE PARTIES :
Shri Umeshwar Dayal, learned counsel for the appellant in FA No.1046/2019 to1058/2019 and respondent no.2 in FA No.1122/2019 to 1134/2019.
Shri Ajay Dubey, learned counsel for the respondent no.1 in FA No.1046/2019 to 1058/2019 and appellant in FA No.1122/2019 to 1134/2019.
Shri Anil Jat, learned counsel for the respondent no.1 / complainant.
None for the respondent no.3.
ORDER
(Passed on 09/12 / 2022)
The following order of the Commission was delivered by Dr. (Smt) Monika Malik : Member :
This order shall govern disposal of all the aforesaid appeals as according to learned counsel for the parties the facts and question involved in all these appeals are identical. FA No.1046/2019 to 1058/2019 have been filed by the opposite party no.2 / Vizien Organics and FA No.1122/2019 to 1134/2019
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have been filed by the opposite party no.1 / Harsh Agro Agency. For the sake of convenience facts have been taken from FA No.1046/2019 unless otherwise stated.
2. This appeal by the opposite party no.2 / Vizien Organics (hereinafter referred to as 'appellant') is directed against the order dated 3.5.2019 passed by the District Consumer Disputes Redressal Commission, Harda (for short the 'District Commission') in CC No.117/2018 whereby the District Commission has partly allowed the complaint filed by the respondent no.1 / complainant.
3. Briefly put the complainant had approached the District Commission alleging deficiency in service and unfair trade practice on part of the opposite parties by selling sub-standard fungicide product named as 'Savera' Carbendazim 12% + Mancozeb 63% WP, Systemic and Contact Fungicide. It is alleged by the complainant that after using this product the germination of seeds sown by him in his agricultural land was affected badly.
4. The District Commission after consideration of the contentions of all the parties and, on appreciation of the evidence available on record held that the fungicide powder sold by the appellant was not of optimum quality. The District Commission held the opposite parties deficient in service and found them responsible for selling defective product to the agriculturists, which resulted in loss of crop yield.
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5. Heard.
6. Learned counsel for the appellant / manufacturer made a submission that the District Commission has committed error while passing the impugned order. The product in question which was sold to the agriculturists was not to be used in the soyabean crop. The recommendation for use of the subject product is clearly mentioned in the leaflet which is available on record of the District Commission, but the District Commission has ignored the same. The District Commission has further erred in commenting upon the composition and alleged poor quality of the product in question, without realizing that the complainant had alleged that he had used the subject product after mixing the same with the seeds, which is contrary to the recommended usage of the product. It is argued that the subject product, which is a fungicide, was to be used for diseases developed on the plant, obtained after germination. The complainant had used the subject product against its recommended usage and, therefore, he could not obtain the desired benefits. Therefore, on the basis of the aforesaid, it cannot be held that the product was of inferior quality, as has been held by the District Commission.
7. On going through the impugned order and the record of the District Commission it is apparently clear that the complainant had used the aforesaid product after mixing it with the seeds, before sowing. The appellant has stated that the product was used against the recommendation. Although the District
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Commission has recorded details as aforesaid but it has further went on commenting about the composition of the product in question and held it to be of inferior quality.
Counsel for the appellant had specifically pointed out that the product in question was not to be used at the time of sowing of the seeds and has given mention of another product named as 'Bayer' Fenos Quick, stating that this product is specifically recommended for pre-treatment of the seeds and not the product manufactured by the appellant.
8. In view of the foregoing discussion we are of considered view that the impugned order deserves to be set-aside and the case deserves to be remanded to the District Commission. The District Commission is expected to examine whether the subject product was used in accordance with its recommendation, after verifying the technical details, rather than commenting in a generalized manner. The District Commission is hereby also directed to decide the liabilities, if any, of the opposite parties, on the individual basis and their roles and responsibilities accordingly, on the basis of circumstances of each and every case.
9. The impugned order is therefore, set-aside. The case is remanded back to the District Commission for decision afresh.
10. The parties are directed to appear before the District Commission on 24.1.2023. Record be sent at the earliest.
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11. All contentions of the parties are kept open. The parties are at liberty to file additional evidence in support of their respective contentions as per directions of the District Commission within the specified time frame. The District Commission is directed to proceed further in the matter in accordance with law.
12. Needless to mention that the observations made hereinabove shall not come in the way of the District Commission while deciding the dispute involved in the matter.
13. The appeals are accordingly disposed of.
14. This order be retained in FA No.1046/2019 and a copy of the same be kept in the record of FA No.1047/2019 to 1058/2019 and from FA No.1122/2019 to 1134/2019.
(Justice Shantanu S. Kemkar) (S. S. Bansal) (Dr. Monika Malik)
PRESIDENT MEMBER MEMBER
Phadke