N S C LTD Vs. GURUSWAMY

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order of Karnataka State Commission sustaining the order of the District Forum, Mandya.

(2.) Brief facts of the case are that the respondent/complainant purchased 1.4 kgs. of Watermelon seed of 'Arkajyothi' and sowed it in the presence of Agriculture Officer, invested money for fertilizers and other agri inputs, but since the crop did not appear to be satisfactory, the complainant consulted the local Agricultural Authorities, who told him that the crop output is of 'Sugar Baby' variety of Watermelon and not of 'Arkajyothi'. Thus, it was reported to the petitioner by the respondent/complainant. Since no satisfactory reply was forthcoming from the company, respondent/complainant filed a complaint before the District Forum, Mandya, who by a majority judgment upheld the complaint and awarded relief. On appeal, case was remanded to the District Forum who after hearing both the parties and the expert evidence led before it, passed the order awarding Rs. 92,250/- for crop loss, and Rs. 25,000/- as agricultural expenses, and Rs. 1,000/- as costs, thus, totalling Rs. 1,18,250/- along with interest @ 18% to the respondent/complainant. Appeal filed by the petitioner resulted in partial modification of the order of the District Forum inasmuch as rate of interest was reduced to 12% but upholding other reliefs. It is against this order that revision has bee filed before us by the petitioner.

(3.) The only point agitated before us by the learned Counsel for the petitioner was the interpretation and application of Section 13(1)(c) of the Consumer Protection Act (CPA), Section 13(1)(c) reads as under :