KHURSHEED HUSAIN Vs. WIMCO LIMITED

JUDGEMENT

(1.) ALL these complaints having common issues of facts and law are taken up together for hearing.

(2.) ALL the complainants are farmers in the Districts Bijnore, Bareilly, Shajahanpur and Hardoi. They have entered into an agreement with M/s. WIMCO Limited whereby with the aid and help of M/s. WIMCO Limited, the facility of loan through NABARD had been extended to the farmers for plantation of poplar trees in their agricultural lands. The company had to provide technical assistance also if required but the farmers were primarily responsible to grow the plants, nurse and harvest them for sale to the company. A bracket period of eight years was agreed between the parties. Towards the end of the said period as alleged by the complainants the farmers realized that the quality of the plants was not hybrid clonal plants and it was on account of the quality being defective that the trees could not fetch higher value. As a matter of fact all the complainants suffered losses as they could not fetch the sale proceeds of the trees upto their expectation. The complainants filed the complaints for recovery of various amounts of compensation.

(3.) THE preliminary objection raised on behalf of M/s. WIMCO Limited goes at the root of these complaints as it is pleaded that these complaints are not maintainable before this Commission as the farmers had engaged the services of M/s. WIMCO Limited for commercial purpose.