INDIA SEED HOUSE Vs. RAMJILAL SHARMA

JUDGEMENT

(1.) Facts of the case in a nutshell are that the complainant had purchased carrot seeds weighing 25 kgs. from M/s. Daga Seeds who was a dealer of M/s. India Seed House on 20.7.2001 for Rs. 325 for which a receipt was issued, which is placed in the file and thereafter, purchased 2 kgs. carrot seeds of same quality on 8.8.2001 for Rs. 260. As the complainant found that the carrots were not formed he removed the plants along with the clay and showed it to the dealer, Daga Seeds. As there was no proper response and carrots did not grow underground, he approached the Deputy Director (Agriculture), Jaipur District, on whose directions the Assistant Director (Extension) inspected the field and prepared an inspection report stating that the carrots were not formed. Accordingly, the consumer filed a complaint against the dealer and the producer of the seeds, stating that he has lost Rs. 3,50,000 to Rs. 4,00,000.

(2.) The District Forum passed an order awarding Rs. 25,585 to be paid by the respondents - the dealer and producer with 9% interest from 27.2.2002 along with the cost of Rs. 1,000 to be paid within two months.

(3.) Dissatisfied by the order of the District Forum, the producer M/s. India Seeds filed an appeal before the State Commission. The State Commission after hearing the parties observed that according to the Inspection Report dated 12.11.2001, it is clear that 90% plants did not yield carrot and the complainant also produced photographs in support of the case. Accordingly, the State Commission dismissed the appeal with Rs. 3,000 as costs.