RASI SEEDS PRIVATE LIMITED Vs. BALJINDER SINGH

JUDGEMENT

(1.) This revision petition is filed against an order dtd. 17/2/2021 of the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in FA no. 577 of 2019, directing the Petitioners, who are Respondent nos. 2 and 3 herein to compensate Respondent no.1 to whom they allegedly sold cotton seeds of poor quality. The District Forum, Ferozepur in CC no. 672 of 2017 dtd. 19/7/2019 filed by Respondent no.1/ Complainant (Baljinder Singh), ordered that Respondent no.2 (Dhamija Pesticides and Fertilizers) to compensate Respondent no.1 and extended the liability on Complainant. The revisionist has prayed for setting aside the impugned order dtd. 17/2/2021 of the State Commission which extended the liability on Respondent no.2 to the revisionists and Respondent no.3 (M/s Kukkar Trading Company) and to stay Execution proceedings in EA no. 71 of 2021 before the District Forum, Ferozepur.

(2.) The Revisionists - M/s Rasi Seeds Pvt., Ltd. - is a producer of high quality, hybrid seeds with expertise in hybrid cotton seeds. Respondent no.1/Complainant is an agriculturist in District Fazilka who purchased seeds produced by the Revisionist through Respondent No.3. It is his claim that the seeds he purchased were fake/ duplicate bearing the name of the Petitioner as a result of which he incurred loss. Respondent no.2 M/s Dhamija Pesticides and Fertilizers is a trader in items of agricultural inputs in Mahuana Bodla Village, District Fazilka. Respondent no.3, M/s Kukkar Trading Co., is the distributor for Petitioner's KH 28/7 seeds in Fazilka.

(3.) The facts of the case are that Respondent 1 purchased hybrid KH 28/7 cotton seeds from Respondent 3 for use on his agricultural fields. These seeds were manufactured by the Revisionist and distributed by Respondent 3 and were sold to Respondent 1 by Respondent 2 who was a trader in agricultural inputs, including seeds. The Complainant herein filed a complaint before the District Forum alleging that the seeds were not genuinely hybrid and that the seed sold to him under the brand of the revisionist were in fact fake as they failed to provide the yield expected. The District Forum, Ferozepur vide its order dtd. 19/7/2019 in CC 672 of 2017 after perusing records and hearing all the parties accepted the complaint and awarded Rs.1,00,000.00 as damages for low crop yield done to poor quality of seeds along with interest @9% from the date of filing of complaint till realisation of the compensation Rs.5000.00 for mental agony, pain and harassment and Rs.3000.00 as litigation costs against Respondent no.2 (M/s Dhamija Pesticides and Fertilizers). FA No. 577 was filed against this order by M/s Dhamija Pesticides and Fertilizers before the State Commission, Punjab challenging its liability to pay compensation to the Complainant as directed by the District Forum. The State Commission allowed the appeal and held that Respondent No. 2 i.e. M/s Rasi Seeds, the Revisionist herein was liable and imposed the liability to pay compensation on all the Opposite Parties. This order is challenged by the manufacturer of the seeds i.e. the Revisionist on the grounds of lack of territorial jurisdiction as the petitioner is based in Coimbatore, material illegality in holding a non-manufacturer liable for defects in the quality of seeds by the State Commission, failure to conduct the mandatory laboratory test and no proof of any loss actually having been suffered by the Respondent No 1/Complainant (Baljinder Singh).