RAM CHANDER Vs. LAXMI BEEJ BHANDAR

JUDGEMENT

(1.) The unsuccessful complainant appeals against the order of the District Forum, Jind dismissing the complaint preferred by him.

(2.) Since we are firmly inclined to uphold the order under challenge it suffices to notice the facts and merits with utmost brevity. The appellant had purchased 50 Kgs. of paddy-seed from M/s Laxmi Seed Bhandar, Jind on the 28th of May, 1992 for Rs.1540/- only. After converting the seed into "piyodhs" he later planted the same in eight acres of his land. The allegation was that the seed was not of good quality and as a consequence he could harvest only 50 quintals of paddy against his expectation of 100 quintals. Consequently a loss of Rs.95,000/- was claimed.

(3.) On notice being issued the respondents first denied the sale of any paddy seed to the appellant. However, in the alternative they took up a plea that the quantum of harvest is depending on variety of factor including the proper preparation of the land; proper application of fertilizer therein; adequate spraying and pest and disease control; proper irrigation of the crop at adequate intervals and lastly the vagaries of climate and seasonal purposes. It was also the firm stand that the ho sample of the seed was got analysed from the Seed-Analyst and consequently no inference of any adulteration or inferior quality could be raised. The District Forum on the basis of material before it held in favour of the appellant that he had actually purchased the paddy seed from the respondents but held against him on the crucial question whether it stood established that the seed was in any way defective.