The central legal point established in the judgment is the violation of the Insecticides Act, 1968, and the commission of unfair trade practice by the respondents in recommending and selling misbranded insecticides for use on grapes.

ORDER :

Prem Narain, Presiding Member—This appeal has been filed by the appellants Rambhau Jagannath Dhavane and Ors. against the order dated 21.8.2014 of the State Consumer Disputes Redressal Commission, Maharashtra, (in short ‘the State Commission’) passed in Complaint Case No. 15 of 2012.

2. Brief facts as mentioned by the State Commission are as follows:

Complainants being members of Hindu joint family are agriculturists having agriculture field at village Lone Khurd, Tq. Rahata, District Ahmednagar. Since last 20 years they grow export quality grapes in their fields. Opponent No. 1 Krishi Rasayan Exports Pvt. is a flag-ship company of opponent No. 3 Krishi Rasayan Group of Companies. Opponent No. 2 is a branch of opponent No. 1 and opponent No. 4 is the authorised dealer/distributor of opponent Nos.1 to 3. Opponent No. 1 company manufactures “Ethephon/Tripun (39% SL) plant growth regulator and when the grape garden of the complainants was ready for harvesting, representative of opponent Nos. 1 to 4 advised the complainants to spray ‘Ethephon (39% SL) on their Sharad Seedless grapes to make the grapes more attractive and shining. Therefore on 30.12.2011 com-plainants purchased ‘Ethephon (39% SL) from opponent No. 4 for Rs. 2,252 and sprayed the same on 10 acres grapes. After 3-4 days grapes lost their hardness and becoming tender started to trickle down from the bunches in large quantity. Thus according to the complainants grape garden was damaged and affected due to ‘Ethephon (39% SL). Therefore, on 9.1.2012 they made complaint to the Taluka Agriculture Officer, Rahata and Block Development Officer, Panchayat Samiti, Rahata. On 16.1.2012 Taluka Level Agriculture Committee inspected the grape garden of the complainants in presence of District Quality Control Inspector and Sales Executive of the opponent Nos. 1 to 3 and made panchanama. It is averred that the said committee opined that Sharad seedless grapes plot suffered loss because of trickling down of the grapes in large quantity. Taluka Agriculture Officer also obtained sample of ‘Ethephon (39% SL) from opponent No. 4 and sent it to Government Insecticide Testing Laboratory, Pune, which gave report as “sample failed to conform to relevant CIB/BIS specification hence misbranded.”

Thus, according to the complainants, opponent committed unfair trade practice. Therefore, their grapes garden is damaged sustaining loss at Rs. 90,57,270 . Taluka Level Agriculture Committee also observed and opined that complainants suffered loss at Rs. 58,32,270 calculating loss at Rs. 45 per kg. Therefore, by notice dated 9.4.2012 complainants claimed damages at Rs. 1 crore from the opponents but by reply dated 30.4.2012 opponent Nos. 1 to 3 denied the claim. Hence alleging deficiency in service and unfair trade practice on the part of opponents, complainants filed consumer complaint claiming compensation of Rs. 1 crore towards damage as well as mental agony and Rs. 20,000 towards expenses.

3. The complaint was resisted by the opposite parties/respondents. The respondent Nos.1 to 3 filed a joint written statement and respondent No. 4 filed separate written statement. It was stated that the sample of the ‘Ethephon (39% SL)’ was declared as fit for use by the Central Insecticide Laboratory, Faridabad (CIL) and therefore, the report of the Insecticide Testing Laboratory, Pune cannot be relied upon. It was further mentioned that visual inspection by the Taluka Level Agriculture Seeds Grievance Committee has no meaning as the Laboratory test of the compound has not found any misbranding of the compound. However, the State Commission dismissed the complaint vide its order dated 21.8.2014. Hence the present appeal.

4. Heard the learned Counsel for the parties and perused the record. Learned Counsel for the appellants argued that the State Commission has not considered various vital facts about the