DHANANJAY SINGH S/O SH. SURENDRA SINGH R/O VILLAGE ALIYA BULBUL PARGANA TEHSIL BAHRAICH U.P. Vs. MANAGER, SHEEL BIOTECH LTD. & ANR. HEAD OFFICE

JUDGEMENT

(1.) Since the facts and the point of law involved in these Revision Petitions are identical, these are being disposed of by a common order. By these Revision Petitions, under Sec. 21(b) of the Consumer Protection Act, 1986 (for short the Act ), the Complainants question the correctness and legality of three orders, all dated 19.05.2015, passed by the State Consumer Disputes Redressal Commission, Uttar Pradesh at Lucknow (for short the State Commission ) in First Appeals No.2098, 2104 and 2105 of 2011. By the impugned orders, the State Commission has upheld the orders, all dated 02.09.2011, passed by the District Consumer Disputes Redressal Forum, Bairaj (for short the District Forum ) in Complaint Case No.228, 229 and 221 of 2009. By the said orders, the District Forum had dismissed the Complaints wherein while alleging that the banana seedlings supplied by Opposite Party No.1 in the Complaint, namely, M/s. Sheel Biotech Limited, were defective, resulting in less yield to the extent of 70%, the Complainants had prayed for compensation for the loss suffered by them. The District Forum had come to the conclusion that the Complainants had failed to produce any evidence to prove that the seedlings in question were not of G-9 type or that these were inferior in quality or that these were dead before or after being sown.

(2.) As noted above, the State Commission has affirmed the said finding. Hence, the present Revision Petitions.

(3.) Having heard learned counsel for the parties and perused the documents on record, particularly, the report dated 06.03.2009 submitted by the Committee constituted by the Horticulture Directorate, I am of the view that the Revision Petitions deserve to be allowed.