FIL INDUSTRIES LTD. Vs. RAJINDER SINGH & ORS.

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 19.7.2011, passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (hereinafter referred as 'State Commission') in Appeal No.1876/2008, FIL Industries Ltd. vs. Rajinder Singh and others, vide which, while dismissing the appeal, the order passed by the District Consumer Disputes Redressal Forum on 4.9.2008, in CC No.21 of 2007, filed by the present respondent no.1, Rajinder Singh, allowing the said complaint, was upheld.

(2.) The factual matrix of the case says that Rajinder Singh, resident of Village Salempuri, Distt. Fatehabad, Haryana filed the consumer complaint in question, alleging that he had planted wheat crop in his land measuring 60 kanal 0 marla, when he found that there was growth of unwanted weeds, known as Kharpatwar. The complainant visited the shop of opposite party no.1 (OP -1) Guru Nanak Agro, who was the dealer of pesticides and insecticides, and asked him to make available some good quality medicine to destroy Kharpatwar. The proprietor of OP -1, Sanjiv Kumar advised him to mix pesticides known as 'NIDER and 'VOLT' and sprinkle the same on the fields. The complainant purchased 5 boxes of 'NIDER' and 5 bottles of 'VOLT' from the shop of OP -1 on 23/24 -12 -2006 and applied the same at his fields. It has been alleged that the said pesticides did not affect the growth of weeds, but his wheat crop was almost fully destroyed. The complainant reported the matter to the Department of Agriculture, following which, a team of officers and experts from the Department of Agriculture carried out the inspection and stated in their report that 90 to 95% of the wheat crop had been destroyed. The Patwari (Revenue Officer) of the area also gave his report on 9.1.2007, saying that the said crop had been destroyed. Alleging that the complainant had suffered a financial loss of Rs.1,76,000/ -, he filed the consumer complaint, seeking directions to the OP -1 to pay compensation of Rs.1,76,000/ - for loss of crop, Rs.15,000/ - as compensation against mental harassment, Rs.2,100/ - for the cost of medicine purchased and cost of Rs.5,000/ - as cost of litigation. In proceedings before the District Forum, OP -2, Star India Agro Chemicals Pvt. Ltd., which is the manufacturer of 'NIDER', was impleaded as a party and the present petitioner, which is the manufacturer of the other weedicide 'VOLT' was impleaded as OP -3.

(3.) The complaint was resisted by the OPs by filing their written statements before the District Forum. The OP -1/R -2 dealer, M/s.Guru Nanak Agro stated that the pesticides in question were not manufactured by them and hence, they were not responsible, if the said pesticides had caused loss to the crop of the complainant. The present petitioner/OP -3 in his separate written statement stated that the loss of crop had occurred due to the mixing of two medicines, but there was no fault with their product and hence, they should not be held liable to pay any compensation to the farmer. The petitioner/OP -3 also stated that as mentioned in the complaint, Sanjiv Kumar was not their dealer, but their dealer was Babu Ram. The petitioner also denied that the dealer had advised the farmer to mix two pesticides.