Indian Kanoon - Search engine for Indian Law

Mr.K.B.Gawali, Hon`ble Member.

Present : Adv.Shri.K.B.Kachhawa for appellant, Adv.Shri.P.N.Deshpande for respondent No.1 & 2, None for respondent No.3.

O R A L O R D E R Per Mr.K.B.Gawali, Hon`ble Member.

1. This appeal is filed by Mahyco Vegetable Seeds Company which was original opponent No.2 against the judgment and order dated 2.8.2007 passed by District Forum, Nandurbar in C.C. No.133/05 holding the appellant company jointly and severally liable along with present respondent No.3 to pay compensation of Rs.5 lakhs to respondent No.1 & 2/original complainants within 30 days, else interest @ 18% p.a. from 2.8.2007 till realisation of the entire amount was ordered to be paid. Respondent No.1 & 2 are the original complainants(herein after termed as 'complainants') and respondent No.3 is the original opponent No.1( herein after termed as 'dealer').

2. The brief facts leading to the present complaint are as under.

That, complainant No.1 is a son of complainant No.2. Both are the farmers. Complainant No.1 is having land admeasuring 1 hector 3R from Gut No.166 whereas complainant No.2 is having land of 1 hector 18R from Gut No.169 of village Ghuli, Tq.& Dist.Nandurbar. There is a pakka well for irrigation in Gut NO.166. It is the case of the complainant that with the intention to take crop of lady finger(Bhendi) when he enquired about the seeds in the market the respondent No.3 i.e. the "dealer" recommended Bhendi-10 variety of seeds as manufactured by present appellant and that he also stated that he was authorised dealer. Hence firstly on 8.4.2005 complainant purchased 16 packets "Bhendi-10" seeds each containing 250 gms and later on 13.4.2005 further 4 packets each having the same quantity were purchased at rate of Rs.220/- per packet, the total cost of seeds being of Rs.4400/-. Seeds purchased belonged to Lot No.255191. It was further contended that these seeds except small portion from 1 packet were sown on 16.4.2005 in 1 hector land from Gut No.166 and 0.60 hector land from gut No.169 i.e. total 3.20 acres. That the said balance portion of seeds from 1 packet was handed over to the Agriculture Officer for testing at the time of inspection. It was further contended that inspite of taking all necessary measures such as using sufficient manures, fertilisers, pesticides and giving proper irrigation and inspite of maturity period had reached which is 100 - 110 days although there was good growth of plants with average 5 ft., but there was no flowering and bearing of fruits except some sporadic plants which had fruit to some extent. Therefore complainants filed complaint dated 11.7.2005 with the Development Officer of Panchayat Samiti, Nandurbar with copies thereof to District Agriculture Officer, Z.P.Nandurbar and Agriculture Officer, Panchayat Samiti, Nandurbar.

Accordingly, District Seeds Grievance Redressal Committee visited the complainant`s field on 15.7.2005, prepared panchanama and report. There were 8 members of the Committee present for inspection. That, as per Committee`s report 90% plants were found sterile and 30% were affected by Mosaic disease(Haladya). It was averred that they had to bear heavy financial loss of Rs.12 lakhs considering 200 quintals of Bhendi yield per acre and area under the said crop at 3.20 acres. That, the income received from the said crop was only Rs.15,095/-. Complainant therefore alleged that seed of Bhendi-10 variety which was sold to them was bogus and hence both the appellant seed company as well as dealer had indulged in unfair trade practice and also have committed deficiency in service. With these allegations the legal notice dated 12.8.2008 was sent to the appellant as well as present respondent No.3 i.e. dealer demanding compensatory amount of Rs.12,56,715/-. The appellant seed company replied to the said notice rejecting the claim of the complainants, however the dealer did not reply. Therefore complainant filed consumer complaint with the District Forum, Nandurbar giving directions against the appellant as well as dealer to pay them total compensation of Rs.12,56,715/- which consisted amount of loss of Rs.12 lakhs and Rs.56,715/-towards other expenses.