MAHARASHTRA HYBRID SEEDS Vs. GARAPATI SRINIVAS RAO

JUDGEMENT

(1.) Petitioner/Opposite Party No.2 being aggrieved by common order dated 27.02.2008, passed by Andhra Pradesh State Consumer Disputes Redressal Commission, Hyderabad (for short, 'state Commission') have filed present revision petitions under Section 21(b) of the 'Consumer Protection Act, 1986(for short, 'Act').

(2.) Revision Petition (No.2602 of 2008) is taken as the lead case. Brief facts are that Respondent No.1/Complainants are agriculturists raising crops like chilli and cotton in their fields. Complainant purchased Hybrid Seeds- Tejaswini- MHP1, from Respondent No.2/Opposite Party No.1 for Rs.5,775/- on 18-6-1996 vide bill No.085 and on 16-7-1996 vide bill No.047 for Rs.1,850/-, totalling 450 grams of MAHYCO seeds. The said seeds were produced and marketed by the petitioner. It is complainant's case that he sowed the above seeds in his land to an extent of Ac.4.20 guntas and used all the fertilizers and pesticides as per the norms spending nearly Rs.60,000/-. The complainant was made to believe by the petitioner and respondent no.2, that this variety would get nearly 25 quintals per acre. In the month of November and December 1996, the crop size was very small and growth was not proper and not in usual shape and direction. Hence, complainant approached respondent no.2 and demanded compensation but received no reply. Then he complained to the Mandal Agricultural Officer about the defective and inferior quality of the seeds. Mandal Agricultural Officer inspected the complainant's field and found that the variety of the seeds supplied was not notified in that area. To that effect, the Mandal Agricultural Officer gave a report and promised to take action against the petitioner and respondent no.2. Thus, complainant suffered crop loss of 20 quintals per acre and the present market rate is Rs.2,500/-to Rs.3,000/- per quintal. Hence, complaint seeking a direction to the opposite parties to pay Rs.2,25,000/- i.e. Rs.2,500/- x 90 quintals and other costs towards manuring, labour and compensation was filed before the District Consumer Forum, at Khammam, Andhra Pradesh(for short, 'District Forum').

(3.) Petitioner in its written statement has admitted about the purchase of the seeds on two different dates by the complainant. However, the complainant has not stated the dates of sowing the seeds. As per agriculturists practice, the transplantation is to be done after 21 to 25 days of showing, if there was delay in transplanting, the crop loose its growing ability at nursery stage only. It is further stated that during that year Andhra Pradesh State was badly affected due to heavy rain fall and cyclone, due to which fungal diseases, pest incidence and virus infection occurred not only to the complainants' crops but also to other crops. The seeds were not defective as all the seeds were germinated uniformly and satisfactory, which fact has been accepted by the complainant. Petitioner is not responsible for the damages or loss sustained by the complainant which he suffered due to unfavourable weather conditions. Further, the required seed rate of chilli for sowing is 200 gms. per Hectare (i.e. 80 gms. for 1 acre) as per standards. However, complainant in its complaint had stated that he had sowed 450 gms. seed in his 4.20 acres land. As per the standard rate, the complainant can sow maximum 360 gms. of seeds in 4.20 acres.