JAIN IRRIGATION SYSTEMS LTD Vs. M B MALIPATIL

JUDGEMENT

(1.) The present revision petition has been filed by Jain Irrigation Systems Ltd. (herein after referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Karnataka (herein after referred to as the 'State Commission') which had decided Appeal No. 917/2006 infavour of M.B.Malipatil and another (herein after referred to as the 'Respondent') who were the original complainants before the District Forum.

(2.) Briefly, the facts of the case are that after seeing an advertisement of the Petitioner/Company that tissue culture plants of G-9 variety have a very high yield of bananas, Respondent had purchased 4500 tissue culture banana seedlings for planting the same in his agricultural land measuring 2 acres and 30 guntas in Hydernagar, District Koppal by paying a sum of Rs. 60,000. The Respondent, there after, planted the seedlings carefully and nurtured the plants strictly in accordance with the instructions of the Petitioner / Company and also took due precaution to use the correct pesticides, manure and fertilizers for optimum results and to prevent disease to the plants. However, Respondent found to his utter dismay that most of the seedlings failed and the plant growth was stunted with weak stems and eventually the bunches dried up. Respondent, therefore, immediately informed the Petitioner/company about these facts through letters and telegrams but there was no response. Respondent also made a complaint to the Dy.Director (Horticulture) whose experts after field inspection confirmed that 65% of the plants had failed because of defective and diseased seedlings suppliedby the Petitioner/Company. It was also noted that the remaining 35% did not yield any flower nor any banana bunches. Since the loss suffered by the Respondent was over Rs. 8 lakh because of the defective seedlings, he made several requests to the Petitioner/Company to make good the loss but there was no response. Respondent, thereafter filed a complaint before the District Forum on grounds of deficiency in service and unfair trade practice and requested that the Petitioners be directed to compensate the loss incurred by the Respondent to the tune of Rs.8,45,000 which included payment of Rs. 60,000 as cost of the same and on account of compensation and mental agony.

(3.) Petitioner denied the above contentions and stated that there was no deficiency in the banana seedlings supplied to the Respondent. In fact, the stunted growth of the plants in the farm of the Respondent was caused due to adoption of wrong agronomy practices which included over-flooding the fields with excessive water instead of using drip irrigation methods, planting of virus infected water-melons simultaneously with the banana seedlings which spread to the banana seedlings, planting the seedlings in sandy soil with poor water holding capacity and with less nutrient and potassium content than required etc. No efforts were made by the Respondent to supplement these deficiencies. It was further stated that the Report of the experts relied upon by the Respondent did not state or conclude that there was any deficiency in the seedlings sold by the Petitioner/Company. In fact, it confirmed adoption of poor agronomic practices by the Respondent