MAYUR SEEDS CORPORATION Vs. KRISHNA KUMAR

JUDGEMENT

(1.) RESPONDENT is an agriculturist. The appellant is a limited company and is engaged in processing, production and distribution of onion seeds to the ryots on payment for yielding the crops through its agent and distributors all over the country. Respondent No. 2 is authorised distributor of the appellant.

(2.) APPELLANT purchased 10 kg. seeds of white onion from the appellant @ Rs. 260 per kg. After sowing his seeds, crops of oinion did not fructify. On account of having sold poor quality seeds the appellant has been vide impugned order dated 20.6.2000 passed by the District Forum, directed to refund Rs. 26,000, towards the cost of the seeds. Rs. 5,000 per acre as damages and Rs. 5,000 as compensation for mental agony and harassment suffered by the respondent.

(3.) THE impugned order has been assailed on multifarious grounds firstly that the District Forum has no territorial jurisdiction; secondly that the respondent was not a consumer as defined under Section 2(1)(d) of the Consumer Protection Act, 1986 and thirdly that the District Forum has arrived at the conclusion on the basis of conjectures and surmises that the respondent had failed to prove that the quality of seeds was not substandard or poor and lastly that the seeds were planted in the winter season with the temperature running low, which is not at all favourable for the growth of the said plant as the flowering of the plant depends upon the weather condition i.e., temperature, rainfall, light, cultural practices, fertilizers, etc.