Mr. Justice S.K. Dubey, President—The complainant aggrieved of the order dated 31.8.1999 passed in Case No. 175/97 by the District Consumer Disputes Redressal Forum, Ujjain (for short the ‘District Forum’) whereby the complaint for deficiency in service in supply of substandard quality of seeds of wheat of 3 quintals 60 kilos purchased from respondent No. 1 for Rs. 4,500/- which after sowing, the wheat plants were produced with Kharpatwar causing loss to the complainant, was dismissed, holding that the appellant has failed to establish that the seeds were of substandard quality mixed up with seeds of Kharpatwar.

2. We have heard Mr. Kailash Joshi, learned Counsel for the appellant and Mr. S.K. Bhargava, learned Counsel for the respondent No. 1 and perused the record.

3. After hearing learned Counsel for the parties and on reappraisal of evidence on record, we find that the District Forum rightly held that the appellant has failed to establish the sub-standard quality of seeds. The appellant did not send the sample of seeds from the seeds purchased or from the suppliers for its examination by Seed Analyst. Therefore, merely on the basis of the affidavit of the complainant inferen