E I DUPONT PVT LTD Vs. ISHWARLAL PATIDAR

JUDGEMENT

(1.) THIS order will govern disposal of all the/above mentioned appeals under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), as they raise a common question with regard to purity of weedicide used by the respondent No. 1 - complainants manufactured by appellants -E.I. Dupont Pvt. Ltd. and Saraswati Agro Chemical India Pvt. Ltd. The facts have however, been taken from the record of the appellant No. 10/ 2009, filed against the order dated 17.11.2008, passed by the District Consumer Disputes Redressal Forum, Ratlam in case No. 17/08, unless otherwise indicated.

(2.) ACCORDING to respondent No. 1 - complainant he had used the weedicide manufactured by the appellants but the weeds remained in the field itself. Learned Counsel for appellants submits that the literature given to the farmers contains full instructions for making the solution, which requires 15 gm. Kloben to be mixed with 8 glasses of water and the solution is required to be stirred vigorously. In this mixture 300 mm. Whip Super is required to be added then again mix the solution thoroughly and then add 250 ml. Surfactant and mix the solution. Thereafter, a glass of solution has to be used for a tank of water (sprinkler container and vigorously stirred. Learned Counsel for appellant submits that there is no evidence to show that the famers adopted the said method for the use of weedicide. He has further stated that if the instructions were not followed then the proper result would not ensue. Learned Counsel submits that a request was made to examining the weedicide by a laboratory but the Forum has not accepted it.

(3.) LEARNED Counsel for respondent No. 1 - complainant submits that the farmers had used the weedicide in the prescribed proportion.