BANOTHU THIRUPATHI Vs. SEED WORKS INTERNATIONAL PVT LTD

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioners and perused the orders dated 19.04.2018, passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (hereinafter referred to as the State Commission), whereby the Appeals preferred by the Respondents herein have been partly allowed and the amount of compensation towards crop loss has been determined @ Rs.24,000/- per acre for the entire year. The State Commission has taken into consideration the earlier orders passed by it, which have been affirmed by this Commission, against which the Special Leave to Petitions filed by the Farmers had been dismissed by the Hon'ble Supreme Court.

(2.) Learned Counsel for the Petitioners submitted that the Certificate dated 21.06.2012, issued by the Agricultural Marketing Department, Warangal, wherein the per quintal rate during the year 2010-2011 was mentioned as Rs.4,175-3,200/- was not for the full year but only a part of the year and, therefore, it should not be acted upon. He further invited our attention to the Certificate dated 30.04.2013, issued by the Assistant Director of Marketing, Warangal, filed as Annexure P-10 (page 122 of the paper-book), and submitted that the maximum price per quintal of the cotton crop for the year 2010-11 has been certified to be Rs.6,296/-, which has been taken at the highest rate of the overall purchases during the year. According to him, the rate of compensation should be determined on the basis of Certificate dated 30.04.2013, wherein the per quintal highest rate of Rs.6,296/- has been certified.

(3.) The submission is wholly misconceived. Merely because the Assistant Director of Marketing, Warangal has certified Rs.6,296/- as the maximum price per quintal, i.e. based on the highest rate of the overall purchases, is not the average purchase price. The highest rate depends upon various factors. Even if the Assistant Director of Marketing, Warangal has certified Rs.6,296/- as the maximum price per quintal of cotton crop during the year in question, it would not mean that the Petitioners would get the same price if the commodity is sold in the open market.