KARNATAKA AGRO SEEDS Vs. SAMADHAN SUKHDEO WAGH

JUDGEMENT

(1.) M /s. Karnataka Agro Seeds of Bijapur, Karnataka, OP -2 in Consumer Complaint before District Forum, has filed these Revision Petitions against concurrent orders of the fora below. The matter was first decided by the District Forum on 13.10.2006 but was remanded by the Maharashtra State Consumer Disputes Redressal Commission in its order of 31.10.2007 for fresh consideration. On remand, the District Forum, Buldhana allowed the complaint on 17.11.2008. Appeals against the same have been dismissed by Maharashtra State Consumer Disputes Redressal Commission, by a common order. The State Commission has dismissed 101 appeals filed by the present Petitioner.

(2.) THE Consumer disputes arose due to alleged failure of sesamum crop in Buldhana district in 2004 -05. The case of the Complainants was that the seed produced by RP/OP -2 was of poor quality for which complaints were made to the District authorities in September 2004. The crops were inspected by the District Level Enquiry Committee. Thereafter seeds samples, obtained through purchase from its dealers in open market were sent to the testing laboratory at Nagpur. The report of the laboratory showed, inter alia, that it was certified seed but its certification was valid until 6.12.2004 only.

(3.) IN the above background, District Forum examined Shri V.B. Tupkar, Agriculture Officer, Seed Inspection Office, Nagpur. In his opinion seed tested had hereditable purity of 99.6%. However, he also admitted during the examination before the District Forum that he was not present during testing of seed and that his evidence was based on the report of those who had tested it. It was also pointed out before the District Forum that for the purposes of seed testing laboratory, Nagpur, the manufacture/Karnataka Agro Seeds was required to supply samples of the foundation seed as well as the seed morphology. In its response of 8.10.2004, RP/OP -2 informed the District Forum that the same for the concerned seed variety, G -1 were not available and also that OP -2 was in the process of applying for renewal for licence for marketing of this seed in Maharashtra. While allowing the complaint and directing M/s. Karnataka Agro Seeds to pay compensation of Rs.5000/ - per packet to the farmers, District Forum observed that: