The purchase of seeds for sowing in one's own land does not constitute a commercial purpose, and hence the purchasers are considered consumers under the Consumer Protection Act, 1986.

Mr. A. Venkatarami Reddy, President—Cheethirala Pullaiah Sons and Maharashtra Hybrid Seeds Company Limited, the opposite parties in C.D. Case No. 441/91 on the file of the District Forum, Cuddapah are the appellants herein. The complainants 1 and 3 are the respondents.

2. The case of the complainants is that on the advise of the Agricultural Officer, Lingala, they wanted to grow sun flower seeds and the Agricultural Officer, Lingala issued permits to purchase sunflower seeds from the respondents and the complainants purchased the same from them, and sowed it. We are not concerned in this appeal with the second complainant. According to the complainants they purchased the seed in their own name and in the name of his brothers, as the department is giving two bags to each ryot. But when the complainants sowed the seed in the month of September, 1991, when it rained, the seeds sowed did not germinate. They reported the matter to the respondents. Although they promised to come to the village and inquire into it, they did not do so. The Agricultural Officer, to whom they have complained, inspected the spot and found that the seeds did not germinate. Alongwith the complaint they filed the receipts showing the purchase of seeds from the respondents and also the letter written by the Agricultral Officer to the opposite parties. Since the seeds did not germinate, they claimed compensation of Rs. 5,000/- peracre to be paid to the complainants alongwith the cost of seeds Rs. 432/- per bag.

3. The opposite parties i.e. the appellants herein filed a written statement contending that the complaint is not maintainable, the Seeds Act is applicable and the case has to be decided under the provisions of that Act and that therefore, the District Consumer Forum has no jurisdiction to entertain the complaint. They also contended that the sample of seeds have not been sent to the laboratory for test and that therefore the petition is liable to be dismissed with costs.

4. It is further submitted that as there is no evidence on record that the complainants have sown the seeds which were marketed by the respondent and for getting good crop and yield it is just and necessary that the land must also be fit and suitable and sufficient water has been supplied and manure and fertilizers have been given to the field. As the complainants have not filed any material to show that the land is fit etc. It cannot be said that the seeds were defective and the crop is not satisfactory. It was also stated that the seeds were verified and tested by the competent authority and is fit for sale. In any event, the National Forum has already decided in many matters that as the enquiry under the Act is only summary, this case requires detailed enquiry and involves complicated questions of law and fact. It is a fit case that the District Forum shall refuse to consider the claim of the complainants.

5. On the basis of the above pleadings and on the evidence of receipts issued by the opposite party and having regard to the contents of the letter written by the Agricultural Officer, Lingala dated 22.11.1991 the District Consumer Forum came to the conclusion that the two bags of sun flower seeds purchased by the complainants 1 and 3 were not of good and fertile quality and accordingly the compensation was estimated for non-realisation of any yield at Rs. 2,000/- per acre and awarded a sum of Rs. 4,000/- and also Rs. 864/- for cost of seed to each of the complainants. It also awarded a sum of Rs. 100/- towards costs.

6. Aggrieved by that order, the opposite parties preferred this appeal.

7. Sri Shubakaran Dhanuka, the learned Counsel for the appellants submitted that firstly, that the Complaint was not solved by all the complainants. Secondly, that the District Forum should have sent the seed for proper analysis or tests. Thirdly that the complainants have not established that they have made up the field properly for sowing the seeds with manure etc. Fourthly, that the seeds were