JASWINDER SINGH Vs. PUNJAB PESTICIDES AND SEEDS

JUDGEMENT

(1.) -THIS judgment will dispose of three appeals, namely Appeal No. 1278 of 2003, Jaswinder Singh v. M/s. Punjab Pesticides and Seeds and Others and Appeal No. 1322 of 2003 M/s. Punjab Pesticides and Seeds v. Jaswinder Singh and Others and Appeal No. 1401 of 2003, Vam Organic Chemical Ltd. v. Jaswinder Singh and Others as all these appeals are directed against the same impugned order dated 13. 6. 2003 passed by the learned District Consumer Disputes Redressal Forum, Mukstar (in short "district Forum" ). For the sake of convenience, facts are taken from Appeal No. 1278 of 2003 and the parties would be referred by their status in this appeal.

(2.) JASWINDER Singh appellant was an agriculturist of Village Enna Khera, Tehsil Malout, District Mukstar. He and his family members owend 40 killas of land. He had taken about 22 killas of land on lease from the Gram Panchayat for the year 2002-2003 in the open auction held on 8. 4. 2002 for a sum of Rs. 27,000. He had sown paddy crop in 32 killas of land. M/s. Punjab Pesticides and Seeds, respondent No. 1 run the business of selling pesticides, weedicides and fertilizers, etc. They are the agents of Vam Organic Chemical Ltd. (respondent No. 3) and sell Drick insecticides, Alpha chemicals, Agrimass chemicals, Ram Ban and other medicines.

(3.) IT was further pleaded that the appellant had gone to the shop of respondent No. 1 for the purchase of insecticides and weedicides and it was suggested to the appellant by respondent No. 1 that if he sprays carbonic fertilizer by mixing Ram Ban with Power Plus, Agrianilo, Anilophos 30% herbicide then the yield of paddy crop will be much more and the crop will not be affected by any insects, etc. Believing the representation made by respondent No. 1 the appellant purchased these insecticides, weedicides and bio-chemicals from the shop of respondent No. 1 on 13. 6. 2002 for an amount of Rs. 780, on 15. 6. 2002 for an amount of Rs. 4,370 and on 19. 6. 2002 for an amount of Rs. 3,950 for which bills were issued by respondent No. 1. The payment was made to respondent No. 1 by the appellant through M/s. Bhullar Brothers who were his Commission Agents. It was further pleaded that as advised by respondent No. 1, the appellant mixed both these chemicals with fertilizer and sprayed the same in the paddy crop sown in 32 killas of land. He was shocked to find out that after few days the paddy crop started withering and was completely damaged.