SAI SHAKTHI BIO-TECH Vs. L UMAPATHI

JUDGEMENT

(1.) This Appeal is by the opposite party (for short, the "op") challenging the Order of the District Forum allowing the Complaint of the complainants.

(2.) The facts in this case are as follows: the complainants have purchased about 100 "vanilla Saplings" from the OP at the rate of Rs.67 per sapling. According to the complainants, the OPs have agreed to replace the Vanilla Saplings in the event if they are not of good quality and that they would supervise the crop after the complainants plant the same on their land. But, in the instant case, according to the complainants, the Vanilla Saplings supplied by the OP are not of good quality and the OP has not come forward to look after or supervise the crop, even though the complainants requested the OP to come and inspect the saplings, as the saplings had not come up well in spite of providing the required manure and water.

(3.) The OP has filed its version stating that the District Forum at Chitradurga had no jurisdiction to entertain the Complaint as the parties agreed for the jurisdiction of Bangalore Courts for redressal of dispute, if any. The OP has also taken the defence that since the complainants have purchased the saplings after signing an agreement to the effect that the saplings sold to them are of good quality and, hence, the complainants cannot maintain the Complaint for compensation.