SARBANI SAHU Vs. KISHORE KUMAR KUSTA

JUDGEMENT

(1.) This Revision Petition is filed under Sec. 21(b) of Consumer Protection Act, 1986 (the 'Act') against Order dtd. 31/5/2017, passed by the State Consumer Disputes Redressal Commission, Orissa ('State Commission') in FA No. 564/2008. In the i Order, the State Commission dismissed the appeal of OP- 1 while upholding the order dtd. 24/6/2008 of the District Consumer Disputes Redressal Forum, Bargarh ('District Forum') in CC No. 107/2007.

(2.) For convenience, the parties are referred to as placed in the original Complaint filed before the District Forum.

(3.) Brief facts of the case, as per the complaint, are that seeking self-employment, he entered into an agreement on 30/5/2005 with OP-1 (the appellant) and OP-2 (Respondent No.2) to cultivate Safed Musli. OP-1 agreed to provide assistance during sowing and facilitate the purchase of the produce through OP-2, who was responsible for financial assistance. The complainant, trained as a certified herb cultivator, cultivated Safed Musli on 2.5 acres of his father's land. As per the agreement, the OPs were to buy back the entire crop at Rs.1,000.00 per kg, but failed to do so despite repeated requests. This resulted in the spoilage of the Safed Musli and an increased bank loan of Rs.3,00,000.00. Alleging deficiency in service the complainant claimed Rs.10,00,000.00 as the buy-back value and Rs.5,00,000.00 for financial loss and mental distress.