HINDUSTAN CIBA GEIGY LTD Vs. SHANKER PATEL

JUDGEMENT

(1.) This appeal is directed against the order dated 30.12.2000 passed in Case No.8/1996 by the District Consumer Disputes Redressal Forum, Dhar (for short the "district Forum" ).

(2.) Facts giving rise to this appeal are thus : The respondent No.1, an agriculturist purchased the Weedicide Metolachlor 50 per cent EC (Herbicide) Dual 50ec manufactured by the appellants on 20 and 27.6.1995 of Rs.9,175/- for control and destruction of the weeds in the fields. The respondent No.1 alleged that after sowing the soyabean, weedicide Dual 50 EC sprinkled on the crops of soyabean, which did not destroy and check the growth of weeds hence he suffered loss for supply of sub-standard quality of herbicide and claimed compensation of Rs.1,86,175/-. The complaint was resisted on various grounds. The District Forum vide order dated 16.7.1998 dismissed the complaint holding that the complaint involves complex issues requiring expert evidence and elaborate inquiry, which cannot be held in summary jurisdiction, the complainant, if so advised, may institute the civil suit in the Court of competent jurisdiction to claim the loss suffered due to supply of sub-standard quality of weedicide. This Commission allowed the appeal of the complainant vide order dated 3.2.2000 and remitted the case for deciding the complaint on all legal and factual issues.

(3.) The District Forum after appreciation of evidence adduced by the parties held that Dual 50 EC was of sub-standard quality which could not destroy the weeds hence ordered the appellant and respondent No.2 to pay jointly or severally, the amount of Rs.9,175/-, the purchase price of the Dual 50 EC, compensation of Rs.10,000/- along with the interest on the total amount at the rate of 12 per cent per annum from the date of its purchase i. e.10.6.1995 and Rs.1,000/- as costs of the proceedings.