THE SECRETARY, DISTRICT HORTICULTURAL PRODUCE GROWERS CO Vs. NAGAPPA & ORS. S/O RAYAPPA TADKOD, R/O NAVALUR VILLAGE, TALUK, & DISTRICT : DHARWAD KARNATAKA

JUDGEMENT

(1.) This group of 11 Revision Petitions have been preferred by the Secretary, District Horticultural Produce Growers Coop. Marketing & Processing Society Ltd., questioning the correctness and legality of the common order dated 26.9.2014 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short "the State Commission ") in group of Appeals filed by the Complainants, National Seeds Corporation Ltd and the present Petitioner, the dealer of the seeds manufactured by the National Seeds Corporation, Opposite Parties No.6 and 2 respectively. By the impugned order, while allowing the Appeals (Appeals No.2546/2011 - 2548/2011, 2551/2011 and 3157/2011 - 3163/2011) filed by the Complainants and the Appeals (Appeals No.3183/2011 - 3193/2011 and 413/1012) filed by the present Petitioner together with the Department of Horticulture and dismissing the Appeals (Appeals No.445/2012 - 455/2012 and 505/2012) filed by the manufacturer, (National Seeds Corporation) against the orders, all dated 19.7.2011, passed by the District Forum, Dharwad in Complaints No.14/2011, 187-194/2011, the State Commission has directed the Petitioner as well as the Agriculture Department, Dharwad to pay to the Complainants, jointly and severally compensation at the rate of Rs.35,000.00 per acre with interest at the rate of 6% p.a. from the date of institution of the Complaints till realisation on account of low yield of the potato seeds supplied by the Petitioner to the Complainants.

(2.) In the first instance, the District Forum, while holding that there was deficiency in service on the part of the manufacturer as well as the dealer in supplying potato seeds to the Complainants, which were not suitable to the Dharwad District climate, had directed all the Opposite Parties to pay to the Complainants different amounts, as stated in its order, within one month with a default stipulation of payment of interest @ 6% p.a. from the date of the order till realization, if the said amount was not paid within one month from the date of receipt of a copy of the order.

(3.) On 24.8.2016, when the Petitions came up for motion hearing, while granting time to the Petitioners to place on record the report dated 18.10.2010, on which reliance had been placed by the fora below to arrive at the afore-noted conclusion, we had directed the Counsel to seek instructions as to the quantum of the Compensation, which would be payable to each of the Complainants in terms of the impugned order. In deference to the said order, learned counsel has placed before us the details of the amounts payable to each of the Complainants in terms of the impugned order, which vary between Rs. 35,000.00 and Rs. 1,15,000.00, which in any case, cannot be said to be very large, when compared with the loss suffered by the Complainants on account of low or no yield of potato crop.