K. VENKATASWAMI, M. M. PUNCHHI
Maharashtra Hybrid Seeds Company LTD. – Appellant
Versus
Alavalapati Chandra Reddy – Respondent
Judgment
K. Venkataswami, J.-The appellant-company, aggrieved by the summary dismissal of its Revision Petition No. 225/93 on 27.7.93 by the National Consumer Disputes Redressal Commission, New Delhi has filed this appeal by special leave.
2. The respondents 1 and 2 moved the District Forum, Cuddapah, in Consumer Dispute No. 441/91, complaining that the sun-flower seeds produced by the appellant and sold through the third respondent, on sowing, did not germinate by reason of defects in the seeds. They claimed, apart from the cost of seeds, a compensation of Rs. 5,000/- per acre from the appellant. The claim was resisted, inter alia, contending that the Seeds Act, 1966 and the Rules framed thereunder being a complete Code, provides remedies to the aggrieved party and, therefore, the complaint preferred before the District Forum was not maintainable. It was also contended that the test to find out the correctness of the complaint regarding defective seeds as provided under Section 13(1)(c) of the Consumer Protection Act, 1986 has not been adopted and without that, the appellant cannot be held liable for compensation. It was further contended that the complainants are not consumers inas
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