MAHARASHTRA HYBRID SEEDS CO LTD Vs. PRASAD

JUDGEMENT

(1.) The complainant in O. P.74/95 District Forum, Nizamabad purchased on 30.11.1994 from the second opposite party 2 kgs. of sunflower seeds which were manufactured by the first opposite party i. e. M/s. Mahyco. According to the complainant due to the sub- standard variety of the seeds supplied, there was only 30% of the yield. As the normal yield is 10 quintals, the complainant sustained a loss of 7 quintals. Therefore the complainant claimed a lossof Rs.34.000/- at the rate of Rs.1,400/-per quintal for 3 acres.

(2.) The first opposite party resisted the claim on the ground that the complainant should have made the Hyderabad Branch as opposite party and not the Regional Manager of M/s. Mahyco and the seeds were not sent to the laboratory for testing and that the seeds sold by the first opposite party were tested in their quality control laboratory and then only released in the market. Moreover the yield depends on the climatic condition, nature of soil, fertilisers and pesticides used by the complainant and hence it cannot be said that the low yield is only due to the defect in the seeds.

(3.) The second opposite party resisted the claim on the ground that the complainant had not submitted any empty seed bags or cartons to indicate under what lot number it was purchased and there was no evidence to show that he sowed the original Mahyco seeds and the yield depends on the land, climatic conditions etc. , and hence it prayed for dismissal of the complaint.