RAJINDER SINGH Vs. VARINDER

JUDGEMENT

(1.) The unsuccessful complainant appeals against the order of the District Forum, Karnal dismissing his complaint with costs.

(2.) As we are firmly of the view that the order under appeal must be upheld on both its grounds, it is unnecessary to delve too deeply into the merits of the case in an order of affirmance. It suffices to mention that on the appellant's own showing in the complaint, he had purchased 500 gms. of Madhu Ras melon seed for Rs.49/- for planting the same in his land. He sowed the same in an area measuring 3 bigas late, or virtually out of the season on or later than the 24th of April, 1993. It was his case that on germination, it was found that the seed was sub-standard and of an inferior quality and consequently a fraud has been committed upon him and he had lost an estimated crop of Rs.12,000/- which was claimed as relief.

(3.) The respondents in their reply highlighted the fact that the appellant had come to the shop on the 28th of April, 1993 for purchasing melon seed and he was categorically told that the season for planting the same had virtually past and instead it was harvesting time. However, the appellant returned thereafter and insisted sharply for the purchase thereof and consequently 500 gms. of Madhu Ras Malon Seeds were sold to him on the said date. It was pointed out that in the complaint, the appellant had himself averred that Madhu Ras melon was being marketed at Rs.6/- to Rs.8/- per Kgm. in the months of May and June and it was thus evident that the seed should not have been planted in early May, when virtually the end of that month was its harvesting season and inevitably, the crop there from would be either poor or non-existent.