NATIONAL FORUM FOR CONSUMER EDUCATION RASHTRIYA UPBHOKTTA SHIKSHAN SANSTHA AKOLA Vs. SANJAY KRISHI SEVA KENDRA

JUDGEMENT

(1.) THE common facts in all these complaints were that during the year 1994-95, all the complainants had purchased hybrid cotton seeds of AHH variety produced and marketed by M/s. Parth Seeds through respective distributive agencies namely M/s. Sanjay Krishi Seva Kendra, M/s. Jholebaba Krishi Seva Kendra, M/s. Sachin Seva Kendra, M/s. Sanjay Seeds and Pesticides, M/s. Patil Krishi Seva Kendra and M/s. Kisan Agencies Krishi Seva Kendra all situated at respective Talukas and District places in Akola. The cotton crop is a Kharip season crop and that the above seeds had been sown in 9 lots in Akola District during the above season. The plant growth was quite normal giving rise to expectation that the cotton crop would be extremely well. The sowing was made somewhere in June 1994 and the crops were expected by the end of year 1994 or beginning of 1995. Surprisingly, when the cotton balls/pods were expected to fructify, it was noticed that the crop was less than 10% and in some cases there was no quantity worth the name of the cotton balls. The Grievance Committee established under the Rules on the basis of the report of the cotton breeder of Panjabrao Krishi Vidyapeeth, Akola surveyed the cotton crop and found that the seed was defective upto 60-70% and that plants were male sterile which were incapable of bearing any cotton balls. It was noticed that the cotton seed AHH 468 could not have more than 1% genetic impurity but the seeds that were supplied to the farmers were produced in defective manner. The reports of the experts were also obtained. Senior Research Scientist Dr. L. D. Meshram in charge of All India Co-ordinationated Cotton Improvement Project-Panjabrao Krishi Vidyapeeth (PKV) carried out the detailed examination of the seeds and found that AHH-468 seeds marketed by M/s. Parth Seeds were not actually AHH-468, because in AHH-468, the question of sterility did not arise as both the parents were fertile. It was reported that the true female of AHH-468 hybrid was not used while taking the seed production. Instead of AK-32, CAK-32-A, a female and other hybrid CAHH-468 (CMS based) appeared to have been used. The true male parent is DHY-286-I in AHH-468 hybrid seed.

(2.) THE District Forum found that the Grievance Committee did not issue notice to the opposite parties, that the seeds were not forwarded for laboratorys examination, that the Agricultural Officer was negligent in performing his duties and this disabled the District Forum from awarding any relief.

(3.) WE may incidentally refer to the stand taken by the Parth Seeds. According to Parth Seeds, the seeds were certified by the Government Agency in Gujarat. The necessary procedure of male DHY 286-I and female AK 2 was used in the manufacture of the seeds AHH-468. The said seeds were tested in the laboratory and the field and after seeing the germination and its produce, the seeds were duly certified by the Government Agency. The Government Agency is constituted under the Seeds Act. Similarly, the Zilla Parishad in charge of agriculture did not follow the procedure of giving notice to the producer and the dealers of the seeds. The seeds were also not sent for laboratory test. It is possible that the land wherein the seeds were planted, may not be suitable, the farmers may have committed mistakes in providing proper manual, that the temperature may not be suitable for the crop and that the seed bags may have been negligently handled so as to bring in moisture and affecting the seed productivity. The seeds did not have any sterility and that the complainants reported about the defective seeds quite late. The report of the Grievance Committee and the Zilla Parishad is also not proper in absence of laboratory analysis and for these reasons, the claim did not sustain. It is further stated that except the complainants, nobody else complained about the quality of the seeds and in that light, claim for compensation is not maintainable.