LAXMI AGRICULTURE SEED STORE Vs. DHOOP SINGH

JUDGEMENT

(1.) THIS Revision Petition is against a common order dated 20.8.1993 passed in Appeal Nos. 263, 274 to 277 and 279of 1993 by the District Forum, Hissar. Those appeals were in the nature of cross appeals preferred by the Complainants and Opposite Parties.

(2.) THE facts are that six separate complaints were preferred before the District Fourm, Hissar by the present respondents (hereinafter referred to as the Complainants). It was the common case of the Complainants that they have purchased Sunflower hybrid Mega 363 Seed from M/s. Laxmi Agricultural Seed Store (now Revision Petitioner). The common grievance of all the Complainants was that the said Seeds did not at all germinate despite the fact that they were shown in well prepared fields according to the instructions given in the relevant brochure of the Supplier. According to the Complainants that was due to the supply of sub-standard, inferior and defective quality of seeds. The matter was brought to the notice of Agriculture Department and other authorities in the State and it was acknowledged that as a matter of fact the seed was defective. Shri Harish Mehta, one of the Complainants, is in Government service and he is posted as the Circular Agricultural Officer. According to him the Hansi based Laxmi Agriculture Seed Store had widely distributed printed material about the prospects and better yield of the said Seed. Relying upon said assurances the Complainant and his brothers had purchased Sunflower seeds from the said Dealer which was sown as per instructions contained in distributed pamphlets. However, there was hardly any germination. Consequently, he had suffered heavy financial loss. Shri Mulkh Raj Mehta one of the other Complainants had pleaded that he had returned 7kg. seeds to the Dealer who refunded the price thereof and admitted the poor quality of the seeds.

(3.) IN the complaints filed before the District Forum in addition to the present petition which was added as Opposite Party No. 1, Omega Agriculture Seed (India) Limited, 40 Bank Street, Fort Bombay, Omega Agro Pvt. Ltd., New Delhi and M/s. Zamindara Sewa Centre, Shahabad had also been arrayed as Opposite Parties Nos. 2 to 4 respectively. As noticed earlier Omega companies had imported and supplied the seeds in question. In a detailed judgment the District Forum found that the seeds were defective. The operative part of the order of the District Forum runs as follows: