SONEKARAN GLADIOLI GROWERS Vs. BABU RAM

JUDGEMENT

(1.) Petitioner was the opposite party before the District Forum, where the respondent/complainant had filed a complaint alleging deficiency in service.

(2.) Very briefly the facts of the case are that the complainant who is an agriculturist with a view to take up cultivation of Gladiola purchased 50,000 Gladiola bulbs of 'popular and promising American varieties' for a consideration of Rs. 15,000/- which were of 7 varieties. According to the complainant when the bulbs were sown and when the complainant saw the growth of the plants not being of standard heights, he brought this to the notice of the petitioner who visited the spot. The field was also inspected by representative of the District Horticulture Development Officer, Karnal. The matter was also referred to Quality Control Inspector, District Agriculture Programme, Karnal. Based on these reports the complainant reportedly met the petitioner and demanded damages. When the matter was not getting resolved between the parties, a complaint was filed before the District Forum who after hearing the parties and perusing the material on record, dismissed the complaint. On an appeal filed by the respondent/complainant before the State Commission, who allowed the complaint and directed the petitioner to pay Rs. 1,92,612.50 ps. as loss assessed by Shri babu Ram, Mr. S.P.S. Rana, District Horticulture Officer, Karnal along with interest @ 12% p.a. and cost of Rs. 1,000/-. Aggrieved by this order, the petitioner has filed this revision petition before us.

(3.) We heard the learned Counsel for the parties at length and perused the material on record. We have on record the report of the District Horticulture Officer, which reads as follows: