CHANTAM REDDY MANJUNATH REDDY Vs. PALM GROVE NURSERY

JUDGEMENT

(1.) AGGRIEVED by the order in C.D. No. 125 of 2002 on the file of District Forum, Kadapa, the complainant preferred this appeal.

(2.) THE brief facts as set out in the complaint are that the complainant's family possesses lands to an extent of Ac 6.34 in Sy. No. 690/3 and 690/4 of Kothapalli Village. The complainant gave an order for 7500 banana plants to the agent of opposite party No. 1 company and went to the opposite party's office on 4.10.2000 and paid Rs. 25,000 as an advance for supply of 5000 banana plants of Robesta category and 2,500 plants of Semocolon America category. Opposite party issued a receipt dated 4.10.2000 in favour of the complainant for Rs. 25,000 and the complainant further paid an amount of Rs. 35,000 on 20.3.2001 towards final payment to the opposite party. Vide invoice No. 152 dated 2.3.2001 the opposite party supplied the said plants of 7500 on two dates i.e., 30.3.2001 and 2.4.2001 and the complainant planted the same to the extent of Ac. 6.34. Out of these plants, 2120 plants died and in spite of repeated requests opposite party did not respond to the complainant's problem and thereafter the complainant got issued a legal notice dated 3.1.2002 calling upon the opposite party to replace the plants or to compensate for the defective plants supplied. The complainant submits that he invested huge amount of Rs. 3,66,785 for planting of tissue culture banana plants and spent on manures, pesticides and also arranged drip irrigation system to earn a good yield. In spite of all the precautions taken by the complainant and adopting of scientific methods the plants did not grow properly and the fruits were of very small size. The complainant even took the Local Agriculture Officer for inspection of his fields and the said officer opined that the reason for poor yield and small size fruits is because of defective quality of the seedling. Once again the complainant got issued a legal notice dated 6.4.2002 to the opposite party but did not receive any reply. Hence the complaint seeking directions to opposite party to pay compensation of Rs. 4,98,785 with interest @ 12% per annum from the date of filing of the complaint till the date of realisation together with costs.

(3.) OPPOSITE party filed counter denying that its representative ever approached the complainant for selling of tissue culture banana plants. Opposite party submits that the complainant himself approached their company at Bangalore and only after verifying the plants and satisfying himserlf as to its quality purchased the same out of his free will. They deny for want to knowledge about the expenses incurred by the complainant and admit that they received notice on 6.4.2002 and that the complainant personally approached them even after issuing of notice. Opposite party submits that the growth of the banana plants depends upon the climatic condition, quality of soil, atmospheric temperature, availability of water and manure and denies that the plants supplied are defective or of inferior quality and contends that the complaint is not maintainable as the transaction is for commercial purpose and the complainant does not fall within the meaning of Section 2(1)(d) of the Consumer Protection Act.