SYNGENTA INDIA LTD. Vs. T. SALANMA

JUDGEMENT

(1.) These Revision Petitions arise out of a common order passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh at Hyderabad (for short the State Commission) under Section 21B of the Consumer Protection Act, 1986 (for short the Act). All the Revision Petitions deal with identical issues of law and facts and therefore, are being disposed of by this common order. For the sake of convenience, RP/2084/2017 is being taken as a lead case. By the impugned order, the State Commission has modified the order of the District Consumer Disputes Redressal Forum, Kurnool (for short the District Forum), reducing the amount of compensation from Rs.51,660/- to Rs.17,472/- based on the yield per acre and the Minimum Support Price (MSP) while confirming all other directions passed by the District Forum.

(2.) The brief facts as set out in the case are that the Respondent, a farmer, owner of land admeasuring Ac 2.40½ cents, situated in Survey No.908 of Mandlam Village, Jupadu Banglow Mandal, Kurnool, purchased 2 packets of sunflower seeds SB 275 variety, of 2 Kgs. At the rate of Rs.610/- and Rs.650/- per packet from the 2nd and 3rd Opposite Parties. He had sown Sunbred 275 variety of sunflower seeds manufactured by the Petitioner Company and averred that despite all necessary precautions taken for sowing, there was no proper growth. It was stated that he had spent Rs.15,000/- per acre for raising the sunflower crop but there was no grain filling in the flower heads and as such, there was no yield from the crop. It was pleaded that the complainant and the other agriculturists, who had sown the same variety of seeds gave a complaint to the Department of Agriculture, on receipt of which, the Assistant Director of Agriculture, Nandikotkur and the concerned Agriculture Officers, inspected the field of the Complainant and the other Agriculturists and reported that he had found no proper growth in the flower heads in all the fields including that of the Complainant. The same was informed to the Joint Director of Agriculture. On receipt of a request from the Joint Director of Agriculture, a team of Scientists from the Regional Agriculture Research Station, Nandyal, inspected the field of Subbanna Goud as a sample field and opined that there was ill filling of grains in the sunflower heads because of poor fertility status of the hybrid seeds supplied by the Opposite Parties.

(3.) It was averred by the Complainant that the seeds supplied were defective in genetic purity on account of which, he suffered crop loss. The expected yield of hybrid variety is 10-12 quintals, the rate of sunflower during the relevant period per quintal was Rs.3,170/- and therefore, the loss of crop was estimated at Rs.38,040/- per acre. Hence, the Complaint before the District Forum seeking direction to the Opposite Parties to pay the loss of yield at Rs.38,040/- per acre for Ac 2.40½ cents together with compensation of Rs.20,000/- and other costs and interest.