KUBER AGRO CORPORATION Vs. GURMEET SINGH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 27.03.2015 passed by the Punjab State Consumer Disputes Redressal Commission, Chandigarh (in short, 'the State Commission') in Appeal No. 493 of 2009 Kuber Agro Corporation & Ors. Vs. Gurmeet Singh by which, appeal was partly allowed.

(2.) Brief facts of the case are that OP no.1/Petitioner No. 1 has been dealing in sale of seeds, pesticides and other related business of agriculture at Old Grain Market, Kotkapura. The complainants/Respondent No. 1 & 2, being in joint possession of 64 kanals of land, purchased paddy seeds in two separate packing of 30 kg each of PR/114 and three separate bags of 10 kg each of Pusa/1121 variety from OP no.1, vide bill at serial no.2537, dated 10.05.2010 and paid total amount of Rs.3150.00 therefor (i.e. Rs.1800.00 for PR/114 variety and Rs.1350.00 for Pusa/1121 variety). The complainants sowed the seeds of PR/114 in their 15 acres of land, as per the instructions of Punjab Agriculture University (PAU), as imparted from time to time in Kissan Mela. OP no.1 also assured the complainant for good yield thereof. The complainants followed the instructions of PAU strictly regarding sowing of crops, spraying, maturity, and land level and so on. The seeds so sold to the complainants by OP no.1 were of sub-standard and of inferior quality, as the plants were of different varieties as that of PR-114 and their length increased upto 2 feet and yielding was not proper therefrom. The complainants approached OP no.1 about this, but to no effect. The complainants then moved an application dated 07.09.2010 before Chief Agriculture Officer Ferozepur, who deputed the Agriculture Officer, Mamdot for inspecting the crops, who inspected the crops sown in the fields of the complainants over 15 acres of land. The above Agriculture Officer Mamdot submitted its detailed report to the Chief Agriculture Officer Ferozepur specifically recording that 4 to 5% plants were of some other inferior variety of seeds and the same were still green without grain therein, when the grains of other plants had ripened. The germination of seeds was not upto the standard, as sold to the complainants by OP no.1. Alleging deficiency on the part of OPs, complainant filed complaint before District forum.

(3.) OP No. 1 resisted complaint, admitted sale of seeds to the complainants, but submitted that complainants have not complied with the mandatory provision of Sections 13(1)(c) of the Act, as the seeds were not tested in any laboratory to prove their sub-standard quality. The yield of the crop depended on so many factors like preparation of the land upto reaping of the crop, fertilization, type of land, proper irrigation, climate, seasonal condition & diseases etc. It was further submitted that he purchased seeds from OP-2 in original container and sold the same in same condition and prayed for dismissal of complaint. OP No. 2 submitted that he purchased seeds from OP No. 3 and in intact condition sold it to OP No. 1. It was further submitted that report of Agriculture Officer has been obtained by complainants in connivance and took similar objections taken by OP No. 1 and prayed for dismissal of complaint. OP No. 3 resisted complaint, took similar defence and submitted that seeds were purchased from OP no. 4 and prayed for dismissal of complaint. OP No. 4 resisted complaint and submitted that he has been impleaded unnecessarily. It was denied that seeds were of sub-standard nature and further pleaded that they were packed under supervision of Punjab Seeds Certification Authority and prayed for dismissal of complaint. Learned District Forum after hearing parties allowed complaint and directed OP No. 1, 2 & 3 to pay Rs. 2,52,000.00 to the complainant and further directed OP No. 1 to pay Rs. 3,000.00 as litigation expenses to OP No. 4. OP No. 1 to 3 filed appeal before State Commission and learned State Commission vide impugned order reduced compensation to Rs.2,25,000.00 against which, this revision petition has been filed.