DOCTOR SEEDS PRIVATE LIMITED Vs. RAMESH CHAND THAKUR

JUDGEMENT

(1.) Counsel for the petitioner heard on the question of limitation. There is a delay of 39 days in filing this Revision Petition. In the interest of justice, I condone the delay of 39 days for the reasons mentioned in the application for condonation of delay.

(2.) The key question involved in this case is, "whether the evidence of an expert is necessary to prove that the seeds are defective?" The complainant Ramesh Chand Thakur filed a complaint before the District Forum alleging that on 12.01.2011, he purchased 800 gms of carrot Early Nantes seeds alongwith 400 gms carrot New Kuroda seeds from Sai Seeds and Pesticide, Shimla. Seeds of carrot New Kuroda were sown in the area measuring about 1-2 Bighas, while the seeds branded Early Nantes were sown, on an area, measuring 3 to 4 Bighas. Produce of New Kuroda seeds was normal, but the crop of Early Nantes seeds was not successful because the plants instead of continuing to produce leaves above the ground, started producing shoots i.e. gandals indicating that the carrot roots were not growing.

(3.) This fact was brought to the notice of respondent no.1, who informed the complainant that as a matter of fact, Doctor Seeds Private Limited- Respondent No. 2 situated at Ludhiana were the packers of the seeds. The complainant approached Respondent No. 2 and sent letter on 19.05.2011 and 16.06.2011 but it did not evoke any reply. The petitioner contended that they have sent the reply but did not show any proof for sending the reply. The complainant claimed Rs. 1,00,000/- as compensation for the loss sustained by him, Rs. 20,000/- as compensation for the wages paid by him to the labourers engaged for growing the crop, Rs. 25,000/- on account of mental and physical harassment and also claimed litigation expenses to the tune of Rs. 7,500/-.