MAHYCO VEGETABLE SEEDS LTD Vs. G SREENIVASA REDDY

JUDGEMENT

(1.) R.P.Nos.4280/07, 4281/07 and 4282/07 have been filed by M/s Mahyco Vegetable Seeds Ltd. (hereinafter referred to as the 'Petitioner') being aggrieved by the order of the State Consumer Disputes Redressal Commission, Andhra Pradesh (hereinafter referred to as the 'State Commission'). G.Sreenivasa Reddy, C.C.Yerikala Reddy and Smt.A.Nagalakshmi & Others, who were the original complainants before the District Forum are Respondents herein.

(2.) Since the Petitioner and facts in these revision petitions are substantially similar and State Commission has also disposed of these appeals by a common order, we also propose to dispose of these revision petitions by one common order by taking the facts from R.P.No.4280/2007.

(3.) In his complaint before the District Forum, Respondent/Complainant had contended that he is an agriculturist and resident of Village Itikalapalli at Anantpur District where he owns agricultural land with irrigation facilities. He had purchased Brinjal seeds (MEBH-11) of Petitioner/Company for planting the same in his agriculture fields because the Petitioner/Company and its dealers had assured him that the yield would be good and also there is a good market for Brinjal MEBH-11 from which he would derive income of Rs.1 lakh per acre. Petitioner also gave a booklet to Respondent giving the weight of Brinjal, its colour and other features. The seeds were purchased from Petitioners No.2 and 3 after which these were raised in a nursery and the seedlings transplanted by manuring the land and strictly following the instructions in respect of its cultivation. However, to the shock of the Respondent, he found that the yield of the Brinjal was far less than represented and with distinct variations in colour, size and weight etc. The produce was thus not marketable. These facts were confirmed by the Horticulture Officer, Anantpur who inspected the fields. Since Respondent obtained 70% less output, quality and rate per acre as promised, he approached the Petitioners who admitted the mistake and promised that they would make good the loss but thereafter evaded the issue on one pretext or the other. Aggrieved by this, Respondent filed a complaint before the District Forum on grounds of deficiency in service and requested that since he had incurred a loss of Rs.3 lakhs on account of defective Brinjal seeds, Petitioners be directed to make good this loss along with interest.