JUNIOR AGRICULTURE OFFICER Vs. KARTIKESWAR SAHOO

JUDGEMENT

(1.) THE appellants, i.e., Junior Agriculture Officer, Bangomunda Block, District - Bolangir, Director of Agriculture and Food Production, Orissa, Bhubaneswar; Deputy Director of Agriculture, District -Bolangir and District Agriculture Officer, Titilagarh, District - Bolangir being aggrieved with the order dated 28.9.2000 passed in CD. Case No. 11 of 2000 by the Bolangir District Forum have come to this Commission.

(2.) ONE Kartikeswar Sahoo of Mahulpati filed the complaint before the District Forum, Bolangir alleging that on 14.12.1999, he purchased 3 quintals and 60 kgs. of Foundation Parijat Kisam Paddy Seeds from Junior Agriculture Officer, Bangomunda Block (appellant No. 1) paying a sum of Rupees 4,273.20 paise for paddy cultivation under the Seed Village Scheme during the agriculture season of 1999 -2000. After purchase of the said foundation paddy seeds, he undertook the germination process from 19.12.1999 to 24.12.1999 and found that there was only 10% germination of the paddy seeds. He used the entire germinated seeds in his agricultural land with the hope that he would get good result as was propagated by the Agriculture Department and it would give higher yield of paddy. But when he found that there was only 10% of germination, he was totally disappointed and intimated the said fact to the Collector of the District and to all the opposite parties before the District Forum (including the appellants) to take suitable action in the matter, but they did not pay any heed to his complaint and as there was no option left for him at that level, he approached the District Forum by filing a consumer dispute claiming Rupees 2,13,297.20 paise from the oppositeparties towards financial loss sustained by him along with interest, compensation for the mental agony and the harassment and also the cost of litigation.

(3.) THE opposite parties/present appellants appeared in the District Forum in pursuance of the notice issued and filed their written version, in which they took plea that the complainant had purchased the seeds being satisfied with the quality of the seeds, which were duly certified by the State Seed Certification Agency. They have stated further that the complainant could have used 1 kg of seed and waited for germination and if after one week, it gave only 10% germination, he should have returned the rest seeds and would not have sustained any loss. It is stated in the written version that the complainant did not show the position to any of the experts who were available in the locality to do the four stages of preparation of seedling nor had he drawn the attention of any of the officers, who have been made parties to the litigation, nor any official agency who are taking up the programme and implementing the same for improved type of cultivation through high yield paddy seeds. They have even gone to the extent of stating in the written version that the complainant did not grow any crop and used the foundation seeds for the other purpose and has filed this vexatious litigation to harass these opposite parties/appellants. It is stated in the written version that Junior Agriculture Officer, Turekela has given a false report that only 10% of the seeds of the complainant were germinated without physical verification/ inspection of the field of the complainant and he is a supporter of the complainant and for that, the opposite parties prayed before the District Forum for dismissal of the complaint.