MAHYCO SEEDS LIMITED Vs. MANIVEL

JUDGEMENT

(1.) These appeals coming before us for hearing finally on 05.04.2011, upon hearing the arguments of the either counsels and perused the documents, as well as the order of the District Forum, this Commission made the following Common Order: The first opposite party in C.C.7/2008 to 13/2008, on the file of District Consumer Disputes Redressal Forum, Krishnagiri, are the appellants, in all F.A.844/2008 to F.A.850/2008, respectively.

(2.) Facts leading to all these appeals [in all]:- The complainant[s] / first respondent[s] in all the appeals are all agriculturist, owning lands. The first opposite party/appellant is the manufacturer of high breed cotton seeds, and the second opposite party/second respondent is the dealer of the first opposite party.

(3.) All the complainants, having purchased the cotton seeds from the opposite parties, earned profits and on the basis of the further assurance given by the opposite parties, with respect to the seeds, they have purchased cotton seeds, manufactured by the first opposite party, from its dealer-second opposite party for their cultivation for the period 2006-2007 as shown in the table below. The complainants in order raise the cotton crops, had spent more than Rs.25,000/- per acre. The seeds though germinated, cotton plant grew well, it failed to flower and burst despite the procedure adopted, thereby not yielding proper income and in this way, each complainant suffered a monetary loss of Rs.1 lakh. By this loss, the complainants were put to mental agony and the reason is, the sale of sub-standard seeds or defective seeds, manufactured by the first opposite party, sold by the second opposite party. The first opposite party upon complaint, though had given damage, conceding the defects in the seeds to others, failed to pay any amount to the complainants, thereby compelling them to file the consumer complaint, claiming a sum of Rs.1 lakh each. Hence, the claim in all the complaints, as per the table below:- Sl.No. Complainants Name C.C.No. F.A.No. Cultivation Extended Date of Purchase Year of Cultivation Amount Claimed 01. P. Manivel 7/2008 844/08 1 Acre 25.07.06 2006-07 Rs.1 Lakh 02. S. Selvaraj 8/2008 845/08 1 Acre 24.07.06 2006-07 Rs.1 Lakh 03. G. Kasi 9/2008 84608 1 Acre 22.08.06 2006-07 Rs.1 Lakh 04. A. Madhu 10/2008 847/08 3 Acre 10.09.06 2006-07 Rs.1 Lakh 05. N. Karunanidhi 11/2008 848/08 1 Acre 25.07.06 2006-07 Rs.1 Lakh 06. R. Ponnusamy 12/2008 849/08 1 Acre 26.07.06 2006-07 Rs.1 Lakh 07. M. Murugan 13/2008 850/08 1 Acre 25.08.06 2006-07 Rs.1 Lakh