VISHWAS SEEDS Vs. KULWANT SINGH

JUDGEMENT

(1.) This Revision Petition No. 2556 of 2017 under Sec. 21(b) of the Consumer Protection Act 1986 has been filed by the Original Opposite Parties- M/s. Vikas Seeds and M/s. Vikas Chemicals challenging the Impugned Order dtd. 19/4/2017 of the Ld. State Consumer Dispute Redressal Commission, Circuit Bench, Bikaner in Appeal No. 153 of 2012.

(2.) The brief factual background happens to be that the Complainant Mr. Kulwant Singh had purchased Medha 888 gawar seeds from the Opposite Party No-2 manufactured by Opposite Party No-1 on the assurance of Opposite Party No-2 that the said seeds are of good quality and will also produce 6 quintals per bigha. The Complainant purchased 13 bags of Medha 888 gawar seeds for Rs.4,095.00 vide bill no. 3636 dtd. 28/6/2011. He sowed the said seeds, but observed that the same were of low quality, old and adulterated as the plants that grew in his crop were small, dead and fruitless. The Complainant approached the Opposite Party /Petitioner No. 2 to complain. He, however, did not receive any positive response from the said Opposite Party No-2. Subsequently, he filed an Application dtd. 16/9/2011 before the Deputy Director Agriculture, Hanumaangarh, after which, the site inspection was conducted and a site inspection report dtd. 10/10/2011 was prepared. It was mentioned in the report that 10% of the plants were fruitless and 90% of the plants were fruitful which is contended to be wrong by the Complainant. Therefore, the Complainant being aggrieved by the adulterated and old medha 588 gawar seeds sold by the Opposite Parties to him, and alleging it a case of deficiency in services, filed his Complaint in the District Commission, Jaipur and sought payment of Rs.2,72,095.00.

(3.) The Opposite Parties appeared before the District Commission and resisted the Complaint and filed their reply. It was stated that the claims raised by the Complainant were wrong as the seeds were of standard quality. The Opposite Parties denied the contents of the inspection report dtd. 10/10/2011 as the report was prepared in their absence. It was further stated by the Petitioners/Opposite Parties that the seeds in the aforesaid lot were examined in the Seed Examination Laboratory of the Agriculture Department, Shri Ganganagar and on examination, it was found that the breed, purity and sprouts of seeds were correct and only then the seeds were tagged and sold in sealed bags. It was also contended that there is no evidence as to what seeds were sown and in what manner, and that the Complainant ha failed to produce the labelled bag and therefore, it cannot be said that the seeds sown were those of the Opposite Parties. Further, the type of land, irrigation, seed fertilizer, rain and weather, etc., also affect the crop. It was also mentioned in the report of Agriculture Department that there was the effect of blight over the gawar crop and land of the farmer was of weak type. Further, due to heavy rain and excessive irrigation, the sprouts can be less in count and plants can burn and also shorten in length. Since about 10% plants of the crop had absorbed excess water, so, it was submitted that any deficiency, without examining the breed of the seed, could not be established.