The main legal point established is that under the Fertilizer Control Order, a dealer cannot sell fertilizers at a price exceeding the maximum price fixed under the order, and the buyer is entitled to recover the difference in price if charged more.

ORDER

S.K. Kulshreshtha, President (Oral) Mr. Parag Kale, learned Counsel for the appellant.

None for the respondent who has filed written arguments.

Heard learned Counsel for the appellant and perused the written arguments filed by the respondent.

This appeal is directed against the order dated 30.5.2009 of the District Consumer Disputes Redressal Forum, Ujjain in C.C.No.378/2008 by which the District Forum has dismissed the appellant's complaint against the respondent.

2. The appellant had purchased Ammonium Sulphate two bags, each for Rs. 460 on 18.12.2007 above the price fixed by the Government under the Fertilizer (Control) Order, 1985 under which the price fixed for sale of bags to the farmers was Rs. 387.40 per bag. Learned Counsel therefore approached the District Forum but the District Forum dismissed the complaint on the ground that the price fixed applies to the establishment of the respondent has not been proved. The Fertilizer (Control) Order has been issued under Section 3 of the Essential Commodities Act and Fertilizer being Essential Commodity is governed and regulated by the said Control Order. Section 3 under Chapter II Price Control provides for Fixation of Prices of Fertilizers and reads as follows:

3. Fixation of prices of fertilizers

(1) The Central Government may, with a view to regulating equitable distribution of fertilizers and making fertilizers available at fair prices, by notification of the Official Gazette, fix the maximum prices or rates at which any fertilizer may be sold by a dealer, manufacturer, importer or a pool handling agency.

(2) The Central Government may, having regard to the local conditions of any area, the period of storage of fertilizers and other relevant circums-tances, fix different prices or rates for fertilizers having different periods of storage or for different areas or for different classes of consumers.

(3) No dealer, manufacturer, importer or pool handling agency shall sell or offer for sale any fertilizer at a price exceeding the maximum price or rate fixed under this clause.

From Sub-section (3) it is clear that a dealer cannot offer for sale any fertilizer at a price exceeding the maximum price or rate fixed under that clause.

3. Learned Counsel for the appellant has referred to fixation of price as communicated vide letter dated 9.10.2007 of the Government. The Government has fixed the price of the fertilizer per bag at the rate of Rs. 387.40. Thus the respondent has charged Rs. 72.60 per bag more than the price fixed under the said control order.

4. Ex-consequentia, the appellant is entitled to recover Rs. 145.20 from the respondent dealer.

5. The appeal is thus disposed of with the direction that the respondent shall, within one month from today pay a sum of Rs. 145.20 to the appellant towards difference in the price of the fertilizer bags sold to him and pay Rs. 1,500 towards mental agony and Rs. 500 towards cost of litigation.

6. If the above amounts are not paid within one month, interest at the rate of 9% p.a. from the date of this order, shall become payable.