RASI SEEDS PVT Vs. SAHIB RAM & ANR

JUDGEMENT

(1.) By this order, we propose to dispose of the above noted revision petitions involving similar question of law and fact arising out of common order of the State Commission Punjab dated 29.06.2011 in Appeal Nos. 1263, 1264, 1265, 1266, 1267, 1268 & 1449 of 2011.

(2.) Briefly stated, the facts relevant for the disposal of the revision petitions are that respondents no.1 complainants pertaining to the above noted cases are agriculturists. They purchased the seeds developed and manufactured by Rasi Seeds Pvt. Ltd. through their respective dealers. It is the case of the complainants in their respective complaints that on being persuaded and assured by the dealers of Rasi Seeds that the seeds were of good quality and would yield crop of about 10 quintals per acre and that the crop from the said seeds would be immune to "Leaf Curl Virus", other diseases and insects etc. The complainants purchased the seeds on payment for consideration. It is the case of the complainants that they sowed the seeds as per instructions and also sprayed the right quantity of pesticides and fertilizers. Despite that, growth of crop was not proper. The crop gave very less fruit and it suffered from "Leaf Curl Virus". The complainants, thus, approached the respective dealers who allegedly admitted that there was less growth of crop and yield. Even the petitioner OP No.2 was approached but in vain. It is also the case of the complainants that they approached the concerned Agriculture Officer and the officials of the agriculture officers, after visiting and inspection of crops submitted their respective report. Despite that, opposite parties failed to redress the grievance of the complainants by compensating them. Thus, being aggrieved, the respective complainants approached the consumer forum and raised their respective consumer disputes.

(3.) Respective opposite parties in their written version admitted the sale of seeds to the complainants. It was, however, denied that any assurance as to yield was given. The Opposite Parties pleaded that infact yield of crop depends upon so many external and environment factors like agriculture practice, application of seed rate, climatic condition, water intervals, sowing of seeds in depth, attack of pests and diseases, fertilizers/pesticides doses, soil and water etc. It was further alleged that as per the report of the Agriculture Development Officer, plants were suffering from "Leaf Curl Virus", which is caused by white fly transmitted virus and it has nothing to do with the quality of seed.