SAHKARI SANGH LTD. Vs. DURGA AGRO SEED FARM

JUDGEMENT

(1.) This Revision Petition has been filed by the Petitioner/ Complainant challenging the impugned order dtd. 13/10/2016 passed by the State Consumer Dispute Redressal Commission, UP Lucknow in Appeal No.711 of 2009. Vide the said order, the State Commission allowed the Appeal while setting aside the order dtd. 20/3/2008 passed by the District Consumer Disputes Redressal Forum, Unnao, in Consumer Complaint No. 138 of 2007.

(2.) The brief facts of the case are that the Complainant is a Co-operative Society which was granted license by the State Government for supply/ distribution of approved seeds to the farmers, and the Opposite Party is a seed supplying firm/ agency. The Complainant society gets commission from the government to run the society. The Complainant placed an order in the year 2006-2007 with the Opposite Party for supply of 300 quintal seeds of wheat to his society and the entire cost/ value of the wheat i.e., Rs.3,43,500.00 was paid by means of demand draft no. 506578 dtd. 1/11/2006 against payment of bank commission of Rs.688.00. The Opposite Party issued an acknowledgement vide receipt no. 541 dtd. 4/11/2006. The Complainant after having paid the cost of seeds to be supplied by the Opposite Party, became its consumer. The Opposite Party failed to execute the order of supply despite receiving full amount which resulted in subsequent failure of supply of seeds by the society to its farmers. The Complainant suffered a loss of commission of Rs.30,000.00 payable on 300 quintal of seeds and the commission amount accrued in the year 2005-06 which is Rs.40,500.00. Such commission was not paid to the Complainant due to non- supply of seeds by the Opposite Party resulting in no distribution of seeds to farmers in 2006-07, hence, causing total losses of Rs.70,500.00. Hence, the Complaint was filed before the District Forum being aggrieved by the deficiency in service of the Opposite Party seeking refund of Rs.3,43,500.00 along with interest @ 18% p.a. w.e.f. 4/11/2006, losses of Rs.1,21,188.00 and litigation cost of Rs.5,000.00.

(3.) The Ld. District Forum proceeded ex parte against the Opposite Party as the service of claim on the Opposite Party was found to be sufficient and the Opposite Party had filed no reply.