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FIRST APPEAL NO. 1895 OF 2011 The appellants/complainants (hereinafter referred as "the complainants") have filed the present appeal against the order dated 2.9.2011 passed by the District Consumer Disputes Redressal Forum, Ferozepur(hereinafter referred as "the District Forum") in consumer complaint No.10 dated 3.1.2011 vide which the complaint filed by the complainant was dismissed.

2. The complaint was filed by the complainants against the respondents/opposite parties(hereinafter referred as 'opposite parties') on the allegations that they purchased insecticide marked as Trizofas, Aceita Meprid and Vircon-H from OP No. 1 for a sum of Rs. 12,450/- vide bill No. 1164 dated 31.7.2010. Then they purchased more pesticides named Trizofas, Ectara and Vicron-H for a sum of Rs. 10,600/- vide bill No. 1738 dated 19.8.2010 in the presence of Sardool Singh s/o Tek Singh and Surjeet Singh son of Inder Singh, residents of Village Azamwala, Tehsil Fazilka, District Ferozepur and sprayed on the cotton crop in 27 acres of land owned and possessed by the complainants on 5.8.2010 and 26.8.2010. However, to the bad luck of the complainants, the cotton crop where the abovesaid insecticides were sprayed got damaged severally. The cotton flowers of the cotton Guddi and plants started giving monkey hand leaves. They immediately approached to the Block Development Officer. They appointed Soil Testing Officer and Agricultural Development Officer and others, who assessed the loss to the tune of Rs. 6,55,000/-. The cotton crop of the complainant was damaged due to unfair trade practice on the part of the Ops and they are liable to pay FIRST APPEAL NO. 1895 OF 2011 that amount alongwith compensation for mental tension and litigation expenses etc..

10. After going through the allegations in the complaint, written statement filed by the OPs, evidence and documents brought on the record, the learned District Forum did not see any merit in the complaint and the same was dismissed.

11. Aggrieved with the order passed by the learned District Forum, the appellants/complainants have filed the present appeal.

12. We have heard the learned counsel for the parties.

13. In the grounds of appeal, it has been stated that the order passed by the learned District Forum is liable to be set-aside as the learned District Forum failed to appreciate that the insecticides purchased from the Ops were defective. Samples were taken on 15.9.2010 and were sent to the Laboratory on 20.9.2010, therefore, there can be possibility of tampering with. There is report of Soil Testing Officer that the crop was damaged due to use of defective insecticides. The case of the complainant was that the crop was FIRST APPEAL NO. 1895 OF 2011 damaged after the insecticide was used on 26.8.2010. Therefore, the order so passed by the learned District Forum is liable to be set- aside.

14. In case we go through the pleadings of the parties and the record, there is no dispute that the complainants had purchased the insecticides from the Ops on 31.7.2010 and 19.8.2010. The allegations of the complainants are that after the usage of these insecticides/pesticides, the cotton crop of the complainants standing in 27 acres of land was damaged. The loss was assessed by the Soil Testing Officer, who assessed the loss of Rs. 6,55,000/-. The report of the Soil Testing Officer is Ex. C-5/A. The perusal of these report shows that as per the allegations of the complainant, after the use of insecticides, there was damage of their crop but no findings have been given by the Soil Testing Officer whether the insecticides were defective, rather, they have stated that to check quality, the matter be referred to Assistant Plants Security Officer, in whose jurisdiction it is covered and lateron samples of the same insecticides were taken and were sent to Laboratory at Bathinda. Samples were drawn vide documents Ex. R-1 and report of the different Insecticide Quality Control Laboratory, Bathinda are Exs. R-2, R-4, R-5, R-7 and the reports are as under:-