J.M. Malik, Presiding Member—Mrs. Saraswathi Amma, P, W/o. Sh. K.N. Raveendranath, the complainant, has a Rubber Nursery by the name and style of ‘Green Farm Rubber Nursery’ at Chadayamangalam. She transacts the business of replantation of rubber saplings on contract basis. The complainant entered into an agreement dated 12.02.2007 with Sh. A.C.Thomas, the OP, wherein it was agreed that the OP would plant rubber saplings in the property of the complainant, measuring more than one acre by removing bushes and digging pits. The OP was to plant the said rubber plant saplings of variety of RR-414 by taking 385 pits of measurement of 2 ½ x 2 ½ x 1 feet. It was the bounden duty of the OP to plant the saplings, applying manure and pesticides. The OP was to maintain the plants and handover the property on completion of one year. The same were to be handed over with the plants with a growth of 5-6 feet. The complainant agreed to pay Rs.100/- per sapling. The complainant now alleges that the OP planted inferior quality of rubber saplings of RR-105 and only planted 320 saplings as against 385 saplings and the work was started belatedly, i.e., only on 02.08.2007. It is further alleged that