HSDC Vs. SAT NARAIN; RAJBIR

JUDGEMENT

(1.) HEARD .

(2.) BRIEF facts are that Respondents/Complainants had purchased paddy seeds from the Petitioner/Opposite Party which they had sown in their respective fields. Upon germination of the plants, it was noticed that the paddy crop was of mixed quality and the same was due to defective mixed seeds supplied to them by the petitioner. Respondents stated that they have suffered more than 50% loss in their crops and they be compensated. Alleging deficiency in service and unfair trade practice on the part of petitioner, the respondents invoked the jurisdiction of the District Forum by filing their respective complaints, seeking directions to the petitioner to compensate them.

(3.) PETITIONER contested the complaint. In written statement, Petitioner took the plea that seeds sold to the respondents were of good quality which was duly certified by the Seeds Testing Laboratory, Karnal. It was further stated that no complaint was received from the respondents with respect to any defect in the seeds sold to them. Therefore, complaints filed by them before the District Forum were not maintainable for want of non -compliance of the provision of Section 13(1) of Consumer Protection Act, 1986, as the seeds were not got tested from any laboratory. Denying any kind of deficiency in service, it was prayed that complaints merit dismissal. District Forum vide order dated 28.8.2001, allowed the complaint and directed the petitioner to pay under -mentioned compensation against each respondents;