IMPORTANT POINT
Revisional jurisdiction of National commission – The Court can intervene only when the Petitioner succeeds in showing that the Fora below have wrongly exercised its jurisdiction or there is a miscarriage of justice

ORDER

Revision Petitions have been filed by the Petitioner/Opposite Party No.2 against order dated 01.10.2020 in First Appeal No.854 of 2019, First Appeal No.78 of 2020 and First Appeal No.79 of 2020 passed by State Consumer Disputes Redressal Commission, Punjab (for short, “the State Commission).

2. Since the issue involved in all three Revision Petitions is same, facts are being taken from RP/310/2021 being leading case. Case of the Complainant is that he purchased seeds of paddy crops of P.B. 1401 type from M/s Kissan Beej Bhandaar/Opposite Party No.1 for Rs.4145/-. At the time of purchase, the bags were not sealed and were open. Opposite Party No.1 assured the Complainant that the seeds were of good quality. The Complainant sowed the paddy in his field, but he noticed that the paddy crop was not of same quality as that of P.B. 1401 type seed. The Complainant gave an application to the Agriculture Officer, Giddarbaha requesting to enquire about the poor quality of crop. On 04.09.2018, the Agriculture Team surveyed the crop of the Complainant and found that the seeds sown by the Complainant were of mixed type and did not match the quality. The seeds were of two types, one of them was reaping first and other was taking time. The Complainant approached Opposite Party No.1, who admitted that they had received same complaint from 2/3 customers and assured the Complainant that they were in touch with Shakti Vardhak Hybrid Seeds Pvt. Ltd./Opposite Party No.2, who would bear the loss. Due to poor quality, the crop of the Complainant could not be sold. On 25.10.2018, the Complainant again approached Opposite Party No.1 and informed that he had suffered loss of about Rs. 2,50,000/-, but nothing was done by the Opposite Parties. Alleging deficiency in service on the part of the Opposite Parties, Complainant filed Consumer Complaint No.273 of 2018 before the District Forum with following prayer: -

“A) To pay Rs.4145/- on account of purchasing the seeds of paddy crops of type P.B. 1401 through Bill No. 1683 dated 07-05-2018 from the opposite party No. 1.

B) To pay Rs.2,50,000/- on account of loss of paddy crops due to defective and mixed quality seeds which were sown by the complainant in his field;

C) To pay Rs. 50,000/- to the complainant on account of harassment, agony and tension occurred due to the act and conduct of the opposite parties;

D) To pay Rs. 20,000/- to the complainant as litigation expenses.”

3. Complaint was contested by the Opposite Parties on the ground of maintainability. It was stated that the Complainant purchased the seeds for commercial purpose. On merit, it was stated that the Complainant had not got the seeds tested from any prescribed laboratory to prove that the seeds were of inferior quality. The Agriculture Officer had not issued notice to them at the time of inspection of field of the Complainant. The Agriculture Officer had prepared a false report in connivance with the Complainant. Opposite Party No.1 also took the ground that they purchased the seed from Opposite Party No.2 and sold the same to the Complainant in the same condition. Opposite Party No.2 stated that the seeds were properly tested by the Seed Testing Laboratory, Karnal and the said laboratory had also issued the purity report.

4. After hearing the learned Counsel for the Parties and perusing the record, the District Forum, vide order dated 25.11.2019 allowed the Complaint in the following terms: -

“After considering all facts, record on file and the law, this Forum is of the opinion that seed sold to the complainant was defective and mixed with some other variety. Hence, complaint of the complainant is allowed and opposite parties jointly and severally are directed to pay Rs.1,40,000/- to the complainant as loss of crop with interest @ 9% per annum from the date of purchase of seed i.e. 07.05.2018 till actual realization alongwith Rs.20,000/- as compensation for harassment alongwith Rs.10,000/- as litigation expenses to the complain