JAGDEVRAO S/O NAMDEV RAO SHINDE, NAVARI TQ. HADGAON, NANDED Vs. MODHI AGRO JENTIX PVT. LTD. AND ANR. THROUGH ITS PROPRIETOR, NEW MONDHA, NANDED

JUDGEMENT

(1.) In this revision petition, challenge has been made to the order dated 23.12.2015, passed by the Maharashtra State Consumer Disputes Redressal Commission, Aurangabad Bench, (hereinafter referred to as 'the State Commission') in FA/14/49, Jagdevrao Vs. Modhi Agro Jentix Pvt. Ltd. and Anr. , vide which, while dismissing appeal, the order passed by the District Consumer Disputes Redressal Forum, Nanded on 05.12.2013, allowing consumer complaint no. 360/2011, filed by the present petitioner, was upheld.

(2.) The complainant/petitioner Jagdevrao is an agriculturist and resident of Newse, Taluka Hadgaon, District Nanded, having land at Mauje Nevri and Mauje Talang, Taluka Hadgaon, District Nanded. He purchased 50 bags of soyabean seeds of brand J.S. 335 from OP-1/R-1 on 01.06.2011 for Rs. 33,850.00 for sowing the same in his fields. It is stated that he sowed the seeds in land measuring 19H11ARE, belonging to his family. However, he found that there was no proper germination on his fields, following which, he made a complaint with the Agricultural Officer, Hadgaon on 04.07.2011. A team of agriculture department visited his fields and a panchnama was also prepared. The complainant alleged that the seeds of soyabean were sub-standard and that he incurred an expenditure of Rs. 3,41,350.00 on sowing of seeds. He claimed that he suffered a loss of Rs. 12 lakhs for non-production of soyabean. He filed the consumer complaint in question, demanding a total compensation of Rs. 15,41,350.00 along with interest and also a compensation of Rs. 2 lakhs for the alleged wrong and negligent services provided by the respondent and mental harassment undergone by him.

(3.) The complaint was resisted by the OP-1/respondent by filing a reply before the District Forum, stating that the seeds were not tested by any Government laboratory. It could not be concluded, therefore, that there was any manufacturing defect in the said seeds. In the report of the Seeds Grievances Committee also, there was no complaint about the defectiveness of the seeds.