A.C. THOMAS AMBUKUNNIL HOUSE, ELEAV AKODE, CHADAYAMANAGALAM P.O. KOLLAM KERALA Vs. SARASWATHI AMMA P CHADAYAMANGALAM P.O. KOLLAM KERALA

JUDGEMENT

(1.) Mrs. Saraswathi Amma, P, W/o. Sh. K.N. Raveendranath, the complainant, has a Rubber Nursery by the name and style of 'Green Farm Rubber Nursery' at Chadayamangalam. She transacts the business of replantation of rubber saplings on contract basis. The complainant entered into an agreement dated 12.02.2007 with Sh. A.C.Thomas, the OP, wherein it was agreed that the OP would plant rubber saplings in the property of the complainant, measuring more than one acre by removing bushes and digging pits. The OP was to plant the said rubber plant saplings of variety of RR-414 by taking 385 pits of measurement of 2 1/2 x 2 1/2 x 1 feet. It was the bounden duty of the OP to plant the saplings, applying manure and pesticides. The OP was to maintain the plants and handover the property on completion of one year. The same were to be handed over with the plants with a growth of 5-6 feet. The complainant agreed to pay Rs.100/- per sapling. The complainant now alleges that the OP planted inferior quality of rubber saplings of RR-105 and only planted 320 saplings as against 385 saplings and the work was started belatedly, i.e., only on 02.08.2007. It is further alleged that most of the saplings perished and subsequently, the OP planted 110 saplings of poor quality.

(2.) It is also alleged that the OP did not plant rubber saplings in place of perished ones. No proper manure was done and the shrubs, bushes were not cleared. The remaining plants were in a congested condition and surrounded by under-growth bushes and the surviving plants were of stunted growth. The spot was inspected by Rubber Board authorities, who found the property very bad and did not sanction the financial assistance. The OP received Rs.34,420/- in the first quarter. A Legal Notice was sent, but it did not evoke any response. The complainant filed a complaint with the police, against the OP, but there was no action. The complainant filed a complaint before the District Forum, wherein she had stated that she had suffered a loss to the tune of Rs.1,50,000/-.

(3.) The OP set up the following defences. Most of the property was rocky. It was not suitable for planting rubber. The word '345 plants' have been interpolated in the original documents. It was stipulated that the maximum number of saplings shall be planted. It was provided that RR-414 variety of plants were to be planted in a mixed manner. The OP started work on 02.07.2007 because the complainant did not provide the land, after slaughting of the existing rubber trees. The delay is attributed on the part of the complainant and by that time the cost of saplings and labour charges increased. Again, due to intervention of Mediators, it was agreed that the complainant would pay more amount than the agreed amount of Rs.100/- per sapling.