S I V INDUSTRIES LTD Vs. M RAJARATHINAM

JUDGEMENT

(1.) On the ground that the seeds supplied by the opposite parties did not germinate excepting for 10% of the seeds, the complainant has chosen to file this complaint claiming a sum of Rs.30,000/- as cost of ploughing and sowing charges, a sum of Rs.6,849.50 p. towards the cost of seeds and Rs.2 lakhs as compensation.

(2.) The lower Forum, without proper appreciation of the materials, has granted the prayer to the extent of Rs.6,849.50 p. being the cost of seeds, a sum of Rs.5,000/- towards compensation and Rs.25,000/- towards loss of income.

(3.) There are two main circumstances upon which the lower Forum has proceeded to uphold the complainant's claim. One is, document Ex. C-6 Seed Testing Result from the Seed Testing Laboratory, Coimbatore, and the other one is the report filed by the Advocate Commissioner. On the basis of these above materials, the Lower Forum has proceeded to confirm that there has been deficiency in service.