LAWS(NCD)-1997-8-153

P JAGAN MOHAN Vs. MANAGER LIPTON INDIA LTD

Decided On August 26, 1997
P JAGAN MOHAN Appellant
V/S
MANAGER LIPTON INDIA LTD Respondents

JUDGEMENT

(1.) The complaint CD 77/90 was filed by a poultry farmer against the first opposite party i. e. Lipton (India) Ltd. , from whom the complainant purchased feed concentrate and (2) against M/s. Venus Marketing through whom the first opposite party sold the feed concentrate claiming a total compensation of Rs.8,92,197/-.

(2.) It is alleged in the complaint that based on the general reputation of the first opposite party and from the experience of previous supplies, the complainant purchased feed concentrate on 3.5.1990 and fed the flock consisting of 1010 Babcock layers after culling, 4352 Layer Growers in their 18th week, parent stock of broiler parents of 641 females, and 91 males, and 1921 cockerels, the total value of the flock being Rs.2,26,362/-.

(3.) According to the complainant he purchased the feed concentrate on 3.5.1990 and fed the same to the birds with effect from 3.5.1990.4 days after the feed concentrate was fed, it was noticed that the mortality rate was growing up, the complainant started treatment for visible diseases and the birds were also vaccinated. As there was no response, the local Government Veterinarian was called and also the regular consultant Dr. Younus and on their suggestion, the feed and water were got analysed by the Laboratory. The samples of feed sent to Sri Vankateswara Hatcheries was diagnosed on 22.5.1990 and contained 200 ppb of aflotoxin. It is his further case that though he informed the opposite parties 1 and 2 on telephone in the hope that they may send another supply feed, but there was no response from them. By the time the laboratory report was received, it was too late and the mortality rate reached 90%. He sold the remaining flock in the market. Alleging that he has been getting an income of Rs.10,000/- a week by sale of eggs, and also from the sale of broilers, produced out of the parent stock, and he suffered loss of Rs.6,20,835/- and also incurred commitment charges to the suppliers in an amount of Rs.45,000/- in all the complainant claimed compensation of Rs.8,92.197/-.