Mr. Justice G.G. Loney, President — This complaint is as regards the sale of defective cotton seed to the complainant. The facts extracted from the complaint are that the complainant is a cultivator in Wardha District. He wanted to grow cotton in his land. According to complainant, M/s. Hindustan Lever Ltd. is a producer of ’Paras Seeds’ and also markets the same. The O.P. No. 2 is the distributor of Paras seeds for Wardha District. The opposite party No. 3 is the co-operative society which sells the Paras seeds. The complainant found that the seeds marketed by Hindustan Lever Ltd. is comparatively good and, therefore, purchased 8 bags of cotton seeds from opposite party No. 3 on 19.6.1990, 20.6.1990 and 3.2.1990. According to complainant, the aforesaid 8 bags of cotton seed were marketed and produced by Hindustan Lever Ltd., Bombay. Thereafter, the complainant sow the said cotton seed in 12 acres area in his field S.No. 89. The complainant stated that he had made arrangements to irrigate the cotton crops in his field. The complainant further stated that he used insecticides, fertilizers to get the maximum yield of cotton and claimed that he has spent Rs. 5,000/- per acre for raising the cotton crops. According to the complainant, he spent about Rs. 60,000/- for cultivation of 12 acres of land in the manner mentioned in the complaint.

2. It is the case of the complainant that the hyborid cotton crops normally start giving cotton buds in about 45 days. But in his case, even after two months after sowing and there were no buds appearing to the plants. He became anxious and to his surprise even after the maturity of plants the cotton plants did not show the signs of flowers and buds. The complainant, therefore, having confirmed that there was failure of cotton crops due to non-appearance of flowers and buds on the cotton plants in his field made complaint to (1) Collector, Wardha, (2) Agricultural Officer, Z.P., Wardha and (3) Agricultural Officer, P.S. Seloo (4) M/s. Anant Krishi Seva Kendra, (5) General Manager, Paras Seeds, (6) Hindustan Lever Ltd., (7) District Seeds Officer, Wardha (8) District Quality Control Inspector, Wardha and (9) Hingne Bagayat Krishi Sahakari Sangh by a written common complaint dated 4.4.1990. In response to the aforesaid complaint the District Quality Control Inspector visited the field of complainant on 21.9.90 and acknow ledged to have received the necessary labels for inspection. The Opposite Party 1 also responded by sending a letter dated 15.10.90 assuring the complainant to make enquiry into the matter. It is also the case of the complainant that representative of Opposite Party No. 1 visited the field of complainant and assured the complainant to compensate the loss due to failure of crops. It is further the case of the complainant that the controlling authority of Zilla Parishad, Wardha lodged the report to the Police Station at Seloo on 25.10.90 and offence u/Sec. 420 IPC has been registered vide Crime No. 161/90 against M/s. Hindustan Lever Ltd. For the reasons mentioned in the complaint the complainant alleged that the seeds sold by the O.P. 1 was defective and as a result of which he has been put to huge losses. The complainant stated in the complaint that the failure of crops in his field was published in local daily on 13.12.90 and 14.12.90 as the ‘News Item’. It is further alleged that the issue was discussed in the Maharashtra Legislative Assembly. The complainant has annexed the paper clipping of the news-item. The complainant, therefore, claimed apart from Rs. 60,000/- towards expenses for cultivation also compensation to the tune of Rs. 1,80,000/- towards loss of crop. The opposite parties filed their separate written versions. The opposite party No. 1 denied its liability to compensate the complainant for the loss suffered by the complainant.

3. The opposite party No. 2 claims that it is a distribution agency for the Wardha District and, therefore, not liable for the payment of