Partial deficiency in service can coexist with natural causes affecting crop yield, underscoring the need for a balanced assessment in consumer disputes.

JUDGMENT :

NAGARATHNA, J.

The producer and distributor of groundnut seeds, namely, M/s. Shyam Beej Bhandar and Shree Ram Agro Bio-Tech (“appellants”, for short) respectively have filed these appeals assailing the order dated 19.03.2021 passed by the National Consumer Disputes Redressal Commission, New Delhi (“NCDRC”, for short) in Revision Petition Nos.1275 to 1281 of 2019.

2. By the impugned order, the NCDRC has set aside the order dated 04.04.2019 passed by the State Consumer Disputes Redressal Commission, Rajasthan (“State Commission”, for short) which was in favour of the appellants and thereby sustained the order dated 28.08.2018 passed by the District Consumer Disputes Redressal Forum, Alwar, Rajasthan (“District Forum”, for short) in all the complaints filed by the respondents-farmers.

3. Briefly stated the facts of the case are that the respondents- farmers approached the appellant for the purchase of ground nut seeds on 15.06.2013. Around four months later, in October, a complaint was filed by the respondents-farmers before the Deputy Director (Agriculture), District Council, Alwar alleging sub- standard quality of the seeds leading to the failure of the crop. Accordingly, a committee was constituted to investigate the failure of the crop. The committee submitted its inspection report on 09.10.2013. Thereafter, the respondents-farmers filed complaints under Section 12 of the Consumer Protection Act, 1986 before the District Forum. The District Forum, vide order dated 28.08.2018, allowed the complaints and directed the appellant(s) to make payment of different amounts to the respondents-farmers along with compensation of Rs.20,000/- and cost of the suit at Rs.5,000/- each. Aggrieved, the appellant preferred Appeal No.754/2018 before the State Commission. The State Commission, vide order dated 04.04.2019, set aside the order of the District Commission dated 28.08.2018. In turn, the respondents-farmers moved the NCDRC by filing Revision Petition Nos.1275-1282 of 2019. Vide the impugned order dated 19.03.2021, the NCDRC set aside the order of the State Commission and restored the order of the District Forum.

4. We have heard learned counsel for the appellants and learned counsel for the respondents-farmers at length and perused the material on record including the complaints filed by the respondents-farmers; the order passed by the District Forum dated 28.08.2018; the order passed by the State Commission which has set aside the aforesaid order of the District Forum; and the impugned order passed by the NCDRC on dated 19.03.2021 which has sustained the order of the District Forum.

5. During the course of submissions, learned counsel for the respective parties drew our attention to the Investigation/Inspection Report (Annexure P-1) dated 09.10.2013. For ease of reference, the said report is extracted as under:

“INVESTIGATION/INSPECTION REPORT

Investigation inspection report in the complaint of the farmers from Village Katopur, Tehsil Kotkasim in relation to demeritorious groundnut crops.

The complaints of the demeritorious groundnut crops of the farmers from Village Katopur, Tehsil Kotkasim have been received by this office from the office of the respected District Collector, Alwar. The farmers from Katopur i.e. Shri Dilip Singh, Chait Ram, Suresh, Abhay Singh, Puran, Ramphal, Subey Singh, Jai Prakash, Vishambhar etc. have submitted in the complaint of the demeritorious crops that "groundnut seeds were sown over a land of 250 Bigha and that all the bags i.e. 300 bags were purchased from Shyam