RAKESH KUMAR Vs. ADVANTA INDIA LIMITED & OTHERS

JUDGEMENT

(1.) This is a complainant's appeal, who is dissatisfied with the quantum of compensation, which has been directed to be paid to him by the respondents, in a complaint filed by him, under Section 12 of the Consumer Protection Act, 1986.

(2.) Appellant filed a complaint, under Section 12 of the Consumer Protection Act, 1986, before the learned District Forum alleging that on 26.06.2011, he had purchased maize seeds weighing 100 kgs. at the rate of Rs.180/ - per kg., from respondent No.2, who deals in the seeds produced, processed and packaged by respondent No.1 and sowed the same on an area measuring 120 kanals. According to him, the germination was scanty. Intimation was given to respondent No.1, through respondent No.2, who deputed their experts, and the experts on inspection were satisfied that the seeds were defective and promised to supply fresh seeds, but respondent No.1 did not keep the promise. Appellant alleged that because of the failure of crop, he sustained loss to the tune of Rs.4.20 lacs. He, therefore, filed a complaint seeking a direction to the respondents to pay a sum of Rs.4.20 lacs on account of compensation for the monetary loss and another sum of Rs.20,000/ - for mental torture and litigation cost, besides seeking refund of the price of the seeds.

(3.) Complaint was contested by the respondents. It was stated that the appellant was not a consumer. Failure of crop was denied. It was stated that the seeds were not of poor quality and that the seeds of the same batch purchased by other farmers and sown in the vicinity of the land of the appellant germinated in full and the yield was very good. It was stated that even the appellant had very good yield from the seeds purchased from respondent No.2.