MAHARASHTRA STATE SEEDS Vs. VINODKUMAR

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and perused the impugned order dated 25.7.2018 passed by the State Consumer Disputes Redressal Commission, Maharashtra, Circuit Bench at Nagpur (hereinafter referred to as "the State Commission"), whereby the Appeals preferred by the Respondents/Complainants herein have been allowed and the amount, as prayed for, has been granted along with compensation of Rs.25,000/- for physical and mental harassment and litigation cost of Rs.10,000/-. It may be mentioned here that the Respondents/Complainants had purchased Soyabean seeds from the Petitioner herein for being used in cultivation and producing crops and earning profits. The seeds appear to be of poor quality and germinated to the extent of 25% to 30%. An inspection was done by the Competent Authority in the presence of the representative of the Petitioner herein after actually paying visit to the land of the Complainants/ Respondents in which the seeds were sown by them and the report, which was given, contained the signature of the Authorities, representative of the Petitioner and also the witness in whose presence the crop was inspected. In the report it was stated that the seeds were of poor quality and germination was only to the extent of 32% to 35%.

(2.) The District Forum, on a preliminary objection raised by the Petitioner that the Complainants/Respondents herein are not consumers as they are engaged in commercial activities, dismissed the Complaint by holding that the Complainants are not consumers as they are engaged in commercial activity. Feeling aggrieved, the Complainants/Respondents preferred Appeals before the State Commission. The State Commission, relying upon the decision of the Hon'ble Supreme Court in the case of M/s National Seeds Corporation Ltd. vs. M. Madhusudhan Reddy & Anr. reported in, 2012 2 SCC 506, held that the Complainants/Respondents herein are consumers. The report given by the Authorities and representatives of the Respondents, wherein it has been mentioned that the germination of the seeds was to the extent of 32% to 35% only, was not challenged by the Petitioner before the State Commission and therefore, the report was accepted. It proves that the seeds were of poor quality and germination was to the extent of 32% to 35% only. So far as compensation is concerned, the State Commission had accepted the claim made by the Complainants in Para-11 and 14 of the Complaints and awarded the same. Learned Counsel for the Petitioner submitted that Para-11 and 14 of the Complaints had been specifically denied in the Written Version filed by the Petitioner and therefore, in the absence of any other material on record, the State Commission was not justified in awarding such a huge compensation. We may mention here that except for making a mere denial of the averments made in Para-11 and 14 of the Complaints, the Petitioner did not produce any other evidence to substantiate its claim that the Complainants/Respondents had not suffered any loss or the amount of compensation claimed is highly inflated. The State Commission in Para-12 of the impugned order has dealt with the claim made by the Complainants in the following manner :

(3.) The appellants have given detail of loss suffered by them in their respective complaint. They deducted the income they got from the seeds which they had sown in their land during same season, subsequent to the non- germination of the aforesaid defective seeds and thus after deducting said income which they got from their own seeds, they made claimed for loss. In our view the claim made for compensation due to loss suffered by the appellant can be accepted without any hesitation. The original complainants/appellants in their respective complaint has given details of area of the land in which soybean seeds were sowed, expenses incurred for sowing the said seeds , loss of yield due to short germination of seeds and market price of soyabean seeds produced by them. There is no reason to disbelieve the same. Therefore, we hold that compensation claimed in each of the complaint by the appellant for loss suffered by them deserve to be granted with interest. Moreover, we also find that the compensation of Rs.25,000/- for physical and mental harassment and litigation cost of Rs.10,000/- deserve to be granted to each of the appellant. Thus disagreeing with the submission made in the written notes of argument by the respondent's advocate and for the aforesaid reasons we pass the following order.