LAWS(NCD)-1999-4-112

GANGARAM Vs. MANAGER M P RAJYA TILHAN SANGH

Decided On April 24, 1999
GANGARAM Appellant
V/S
Manager M P Rajya Tilhan Sangh Respondents

JUDGEMENT

(1.) This is a complainant's appeal against the order dated 24.10.1996 passed in Case No.499/94 by the District Consumer Disputes Redressal Forum, Indore (for short the 'district Forum' ).

(2.) The facts giving rise to this appeal are thus that the complainant purchased 14.80 quintal seeds of soyabeen at the rate of Rs.1,150/-, total Rs.17,020/- in 37 bags. He sown 32 bags of seeds in between 29.6.1994 and 30.6.1994 in his fields. Out of this only few seeds sprouted. The seeds were of sub-standard quality which caused damage to crops therefore, claimed compensation of Rs.20,000/-. The complaint was resisted. It was submitted that after the examination of the seeds from the laboratory it was found that the seeds so sold were of standard quality. After sowing of seeds there was a heavy rainfall which caused damage to the crops of the complainant. A measurement report of rainfall was filed alongwith the defence version. The District Forum after appreciation of evidence held that the complainant though has asserted that the sample of the seed was got examined, but, that report has not been produced. Without the report of the quality of the seed, it cannot be said that the seed sold was of sub-standard quality. Hence, placing reliance on the decision of the Haryana State Cosumer Disputes Redressal Commission in case of Rajendra Singh V/s. Veerendra, 1994 2 CPJ 127, dismissed the complaint.

(3.) With the appeal an application to condonation of delay of two days has been filed. The appellant has also filed documents that is letter dated 25.2.1995 of the Deputy Director, Agriculture, District Indore addressed to the Manager of the opposite party; a news-item dated 29.4.1997 published in Nai Duniya daily to demonstrate that seeds sold and supplied by the opposite party were of inferior and sub-standard quality.