LAWS(NCD)-2022-11-48

RASI SEEDS PVT. LTD Vs. FAYYAZAHEMED

Decided On November 21, 2022
Rasi Seeds Pvt. Ltd Appellant
V/S
Fayyazahemed Respondents

JUDGEMENT

(1.) These revision petitions are filed under sec. 21 (b) of the Consumer Protection Act, 1986 (in short, the 'Act') assailing the orders of the State Consumer Dispute Redressal Commission, Karnataka, Bangalore (in short, 'State Commission') in Appeal Nos. 1886 of 2011 dtd. 7/2/2014, 3510 of 2011 dtd. 7/2/2014 and 3550 of 2011 dtd. 7/2/2014 filed against orders of the District Consumer Disputes Redressal Forum, Haveri (in short, 'District Forum') in consumer complaints no.2 of 2011 dtd. 16/5/2011, 17 of 2011 dtd. 9/9/2011 and 10 of 2011 dtd. 19/5/2011 respectively.

(2.) The facts in the three petitions are identical inasmuch as they relate to alleged deficiency in quality of cotton seeds sold by the petitioner leading to poor yields resulting in complaints and appeals for compensation before the lower fora. For the sake of convenience, facts are taken from RP No. 2357 of 2014 based upon the State Commission's order in Appeal No. 1886 of 2011.

(3.) In brief, the facts of the case are that respondent no. 1 sowed cotton seeds on his agricultural fields in village Hiremugadur of Savanur Taluk in 2010-2011. The seeds were procured from respondent no. 2, the authorized seller of cotton seeds manufactured by Rasi Seeds Pvt. Ltd, the petitioner. 7 bags of seeds of Rasi II Cotton at a cost of Rs.4550.00 were purchased for planting in 7 acres of land. Due to poor growth of crop, at the request of the respondent, the crop was inspected by the staff of the Agriculture Department, Savanur taluk who advised that pesticide treatment be undertaken. Accordingly, respondent no.2 sprinkled pesticide and removed the weeds in the cotton crop twice incurring a cost of Rs.14,000.00. At the time of sale of the cotton seeds, respondent nos.2 and 3 had informed the petitioner that from this seed would yield a minimum of 15 to 18 quintals of cotton crop per acre. However, due to the poor quality of seeds only 10-12 quintals of yield was harvested. The complainant sustained a loss of 5-6 quintals which was estimated at Rs.3,15,000.00 on the basis of the market price. Respondent has therefore alleged deficiency inservice as per sec. 2 (1) (g) of the Consumer Protection Act, 1986.