HARDEV SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS is an appeal filed by Hardev Singh (in short 'the appellant') against the order dated 11.12.2002 of the District Consumer Disputes Redressal Forum, Ferozepur (in short the 'District Forum') by which the complaint of the appellant was dismissed by the District Forum.

(2.) BRIEF facts of the case are that the appellant was an agriculturist by profession and he had sown cotton crop in 12 acres of his land. Appellant had purchased pesticides through various bills from respondent No. 1. It was pleaded that he had sprayed all these pesticides/insecticides in his fields over the standing crop time to time. The allegation of the appellant was that due to spraying of these pesticides/insecticides, these crops were totally damaged. He moved an application dated 14.9.2001 before the Assistant Plant Protection Officer, Abohar, who visited the spot and inspected the standing destroyed crops in question. Report about the loss of the cotton crop was prepared. As per his report, the appellant had suffered a loss of Rs. 1,38,000 and that the entire loss was due to the duplicate/misbranded pesticides/insecticides purchased from respondent No. 1. Appellant prayed that the respondents be directed to pay Rs. 1,38,000 along with interest @ 18% per annum and also demanded compensation.

(3.) RESPONDENT No. 1 replied by taking preliminary objection that the appellant was barred from filing the complaint by his own act and conduct, appellant has not made the distributors of the insecticides in question as party as such the complaint was barred for non -joinder of necessary party, the appellant has no cause of action, appellant was guilty of concealment of facts, no insecticide can be proved defective without proper analysis through Government recognized laboratory, the appellant has not stated as to how he had used the pesticidies and whether according to the recommendations of the Punjab Agricultural University, Ludhiana; appellant has not taken any opinion of any expert for spraying the pesticides, no report of the Patwari or Tehsildar has been produced on the file.