2017 Supreme(Chh) 698
BEFORE THE CHHATTISGARH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, RAIPUR
R.S. SHARMA, D.K. PODDAR, NARENDRA GUPTA, JJ.
Naveen Beej Utpadak Sahkari Samiti, Raipur and Others – Appellants
Versus
Jakhodiya Agriculture Farm – Respondent
Appeal No. FA/2017 of 2013
Decided On : 15-06-2017
For the Appellant : Sanjay Tiwari.
For the Respondent: Apurv Goyal.
Headnote:
Consumer Protection Act, 1986 - Section 2(1)(d) - Agricultural activities - Soya Bean seeds was black listed by State Government - Complaint of complainant are that complainant is involved in agricultural activities for past several years and its partner is a farmer who is dependent on agriculture activities for his livelihood - Land belongs to complainant and he is sole owner of land and land is only used for agricultural activities - Complainant for its agricultural activities, had bought 720 kgs of Soyabean - Complainant had intended to cultivate 720 kilograms of soyabean seeds in near about 24 acres of land of agriculture farm from July till October - Complainant was shocked to see results of germination of seeds as only 10 percent of seeds were germinated - Apart from low germination, it was also found that there was only few grains in soyabean seeds - Low germination and negligible number of grains immensely affected soyabean crop of complainant - Held, Merely allegation made in complaint is not sufficient to establish that soyabean seeds purchased by respondent (complainant) are of inferior quality or of sub-standard quality and there is no evidence to show that there was any impurity in seeds supplied to respondent (complainant) - We are of opinion that respondent (complainant) has failed to establish that there was any defect in quality of seeds or seeds were of sub-standard quality and due to sub-standard quality of seeds germination of seeds was poor - Therefore, respondent (complainant) is not entitled to get any compensation from the appellants (OPs) - Impugned order passed by District Forum, is erroneous and is liable to be set aside - Appeal is allowed and Complaint dismissed.
R.S. SHARMA, J.
1. This appeal is directed against the order dated 08.12.2016, passed by District Consumer Disputes Redressal Forum, Durg (C.G.) (henceforth "District Forum") in Complaint Case No. C.C/2016/382. By the impugned order, learned District Forum, has allowed the complaint of the complainant and directed that:-
(1) The OPs will jointly and severally pay a sum of Rs. 8,03,540/- (Rupees Eight Lakhs Three Thousand Five Hundred Forty) within a period of one month from the date of order to the complainant.
(2) The OPs will jointly and severally pay interest @ 12% p.a. on the above amount from the date of filing of the complaint i.e. 07.05.2016 till realisation.
(3) The OPs will jointly and severally pay a sum of Rs. 3,00,000/- (Rupees Three Lakhs) towards compensation for mental agony to the complainant.
(4) The OPs will jointly and severally pay a sum of Rs. 10,000/- (Rupees Ten Thousand) towards cost of litigation to the complainant.
Briefly stated, the facts of the complaint of the complainant are that the complainant is involved in agricultural activities for the past several years and its partner is a farmer who is dependent on agriculture activities for his livelihood. The land belongs to the complainant and he is the sole owner of the land and the land is only used for agricultural activities. The complainant for its agricultural activities, had bought 720 kgs of Soyabean- JS-335 30 Kg belonging to M/s. Ankur Beej Utpadak Sahkari Samiri, Durg Chhattisgarh at the rate of 80.00 per kg and had paid a total amount of Rs. 57,600/- (Rupees Fifty Seven Thousand and Six Hundred) to the OPs on 01.07.2014. The complainant had intended to cultivate the 720 kilograms of soyabean seeds in near about 24 acres of land of the agriculture farm from July till October. The complainant was shocked to see the results of the germination of seeds as only 10 percent of the seeds were germinated. Apart from low germination, it was also found that there was only few grains in the soyabean seeds. The low germination and negligible number of grains immensely affected the soyabean crop of the complainant. The complainant as soon as he got the knowledge about the low germination and poor quality of seeds, wrote a letter to the OPs and all concerned authorities dated 28.10.2014 wherein the complainant informed every detail about the low germination and poor quality of seeds. The complainant also provided the OPs an account of the total loss that was caused to the complainant. The complainant further asked whether the Company which had supplied the Soya Bean seeds was black listed by the State Government. The OPs replied vide letter dated 17.11.2014 wherein instead of verifying or inspecting the quality of seeds came up with baseless allegations and accused the complainant for the low germination and poor quality of seeds. The OPs failed to provide an answer to the question whether the Company which had supplied Soya Bean had been black listed by the State Government. The complainant had made all arrangements in his agriculture farm regarding the soyabean crop. The complainant had also invested an amount to the tune of Rs. 2,99,540/- on fertilizers, insecticides and miscellaneous expenses. A loss of Rs. 5,04,000/- was caused to the complainant because of no yield from the soya bean seeds. The complainant was later informed through an RTI from the Directorate of Agriculture, Chhattisgarh that M/s. Ankur Beej Utpadak Sahkari Samiti, Durg, Chhattisgarh, the Company which had supplied Soya Bean seeds to the OPs and the OPs had then supplied the same to the complainant, had already been blacklisted by the Department wherein seeds supplied by M/s. Ankur Beej Utpadak Sahkari Samiti Durg were not to be supplied by the OPs. Hon'ble Minister for Agriculture had even ordered for an inspection of the premises of the complainant. However, due to unreasonable delay, the same could not be carried out by the concerned authorities. The OPs did not make any effor