BABY JOSEPH Vs. V S GOPALAKRISHNA PILLAI

JUDGEMENT

(1.) This revision is directed against the order dated 17.9.1996 passed in appeal No. 258/1996 by Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram dismissing appeal against the order dated 17.12.1993 of a District Forum whereby in Complaint Case No. 15/92 the petitioner/opposite party was directed to pay a sum of Rs. 4,920 to the respondent/complainant.

(2.) Respondent filed complaint, inter alia, alleging that he purchased 48 rubber saplings for Rs. 12.50 per sapling from the petitioner vide bill No. 23 dated 20.7.1990. Saplings supplied by the petitioner were of different varieties and of lesser yield. Complaint claiming compensation filed by the respondent was contested by the petitioner. In the written version the purchase of rubber saplings by the respondent was not disputed but it was alleged that rate was Rs. 8 per sapling. It was pleaded that petitioner has been dealing only in two varieties of rubber saplings i.e., PB 311 and RR. II. 105. Expenses for growing up different varieties of saplings being the same the petitioner was not benefited if a variety other than PB 311 was supplied. Liability to pay the compensation claimed was denied.

(3.) As may be seen from the order of District Forum on the application(s) filed by respondent, Development Officer, Rubber Board, Ministry of Commence, Government of India, was appointed as local Commissioner to ascertain the varieties of rubber plants sown by the respondent in the year 1990 upon his land and the yield thereof. Taking note of two reports Exhibits A-4 and A-5 given by the said authority the District Forum passed the direction to pay aforesaid amount of Rs. 4,920 towards compensation by the petitioner.