BHARAT SEED COMPANY Vs. CHARANJIT SINGH

JUDGEMENT

(1.) This revision petition has been filed against the order of Haryana State Consumer Disputes Redressal Commission in F.A. 2499 of 2003. The State Commission has confirmed the order of the District Consumer Forum, Sirsa, which had held the OPs responsible for deficiency in service for having supplied sub-standard Lobia seeds to the Complainant. Aggrieved by the concurrent findings of the fora below, Bharat Seeds Company/ OPs have filed the present revision petition.

(2.) The respondent/complainant had purchased 195 Kgs. of Lobia seeds from the petitioners/OPs in 2001 for total price of Rs. 11,000/-. The seeds were sown in 24 acres of land. In the next three months, the crop had attained vigorous vegetative growth, but there was no pod formation. On a complaint by the respondent/complainant, the crop was inspected by officers of the State Agriculture Department as well as representative of Haryana, State Agriculture University, Hissar. The report of the latter shows that the entire crop was of fodder variety and not the (seed) vegetable variety of cowpea. Hence there was no pod formation.

(3.) The State Commission, while upholding the decision of the District Forum, rejected the argument of the OPs that the procedure prescribed under Section 13 (1) (c) of the Consumer Protection Act, 1986 had not been followed inasmuch as that the seed in question was not sent for expert evaluation. This provision requires the District Forum, where the complaint of the consumer is admitted and it relates to any goods:-