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Anupam Dasgupta   This appeal challenges the order dated 15.04.2005 of the Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (in short, the State Commission) in complaint case no.2 of 2001. By the said order, the State Commission partly allowed the complaint and directed all the opposite parties (M/s Novartis India Ltd. (Seeds Sector), Pune, M/s Balakrishna Distributing Company, Khammam and M/s Rama Hybrid Seeds Corporation, Khammam) guilty of deficiency in service in supplying Roshni chilli seeds to the complainant and awarded a compensation of Rs.4,50,000/- towards expenses and crop loss along with cost of Rs.5,000/-, payable within six weeks from the date of the order, with the further stipulation that failure to do so would entitle the complainant to interest on the said amount @ 9% per annum till payment. Aggrieved by this order, M/s Syngenta India Limited (successor-in-interest of M/s Novartis India Ltd.) has filed the present appeal.

 

3. The facts leading to the complaint have been recorded in detail by the State Commission in its impugned order and need not be recapitulated here. However, we may notice that the finding of the State Commission holding the opposite parties guilty of deficiency in service in respect of the Roshni variety of chilli seeds produced and marketed by the appellant and bought by the complainant from the dealers (opposite parties no. 2 and 3) was based entirely on a field visit report dated 17.01.2001 of one Mr. J. N. Bavaji, Senior Scientist, (Chillies) and Dr. Khalid Ahmed, Senior Scientist (Entomology) Regional Agricultural Research Station (RARS), Lam, Guntur. According to this report, the two scientists had visited the farms of the complainant as well as some other farmers in Khammam Rural Mandal and Bonakal Mandal. In respect of the field of the complainant, the following observations were made in the report:

As per the directions of A.P. State Consumer Disputes Redressal Commission, Hyderabad and as per the orders of Associate Director of Research, RARS, Lam (C1/135/2001 dated 14.5.2001), I have proceeded to Khammam on 2.5.2001 and met the farmer Sri Velaga Narasimha Rao and Sri K. Srikanth Babu of Novartis India Ltd. at DAATTC office, Agricultural Market yard, Khammam. The farmer Sri Velaga Narasimha Rao informed me that he has ploughed the chilli field and only stubbles were left over here and there. I have visited the chilli field of Sri V. Narasimha Rao in the village of Yedulapalem on the same day at 11 a.m. along with the farmer Sri V. Narasimha Rao and Srikanth Babu of Novartis Company. I have seen that the field was ploughed and only stubbles were left over here and there. The farmer informed me that he has sown all the seed of 1 kg. which was purchased from Novartis Company. No seed was left over to conduct any test.

Since it is not possible to examine whether the crop is infested with the pest or disease by seeing the stubbles, I request the Associate Director of Research to send a copy of my earlier report on the filed inspection of chilli crop in Khammam Rural and Urban mandals surveyed by me and Dr. Khalid Ahmed, Senior Scientist (Entomology) on 16.01.2001 along with the offices of Department of Agriculture. During that day we happened to visit the chilli filed of Sri Velaga Narasimha Rao, Yedulapalem village, Khammam (Dist.), to give some idea about the chilli crop.