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C. VISWANATH, SUBHASH CHANDRA
Rasi Seeds Pvt. Ltd. – Appellant
Versus
Bhagwan – Respondent
ORDER
Subhash Chandra—This revision petition filed under section 21 (b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assails order dated 03.09.2010 of the State Consumer Dispute Redressal Commission, Madhya Pradesh, Indore Circuit Bench (in short, ‘State Commission’) in First Appeal No. 578 of 2009 arising from the order of the District Consumer Disputes Redressal Forum, West Nomar, Mandleshwar, Madhya Pradesh (in short, ‘District Forum’) in consumer complaint No. CC 77 of 2008 dated 07.03.2009.
2. In brief, the facts of the case are that respondent no.1 sowed cotton seeds on his agricultural fields in village Karouli, Tehsil Maheshwar in 2008. The seeds were procured from respondent no. 2, the authorized seller of cotton seeds manufactured by Rasi Seeds Pvt. Ltd, the petitioner. 6 packets of seeds of 450 gms each were purchased for planting in 5 acres of land. After 4 months of sowing, the crop was reported to be dry and had a poor yield of 2-4-6 betel nuts. On the basis of a complaint field, the crop was inspected by the Officers of the Agriculture Department, Maheshwar who advised that pesticide treatment be undertaken. According to the petitioner, the report of th
(1) The test undertaken in its own laboratory by the petitioner cannot, however, be considered acceptable as per section 13 (i) (c) of the Act. Section 2 (1) (c) of the Act mandates that an ‘appropri....
Burden of proof regarding seed quality lies with the respondent, who must provide evidence against claims of defects.
(1) Crop Failure - in the normal course, a farmer cannot be expected to retain seeds for use as sample in anticipation of crop failure.(2) Revisional Stage - The contention that the report of the com....
(1) Burden of Proof for Defective Goods – The primary onus lies on the complainant to prove that the seeds supplied were defective or spurious. In cases involving seeds, the absence of a recognized l....
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 miscarr....
(1) ELISHA – The District Forum has also erroneously held that the Agriculture Department officials failed to get an ELISHA test done timely since that test was admittedly not available in 2010-11 in....
(1) Burden of Proof on Manufacturer – In cases alleging defective seeds, the burden lies strictly on the seed manufacturer to produce samples of the disputed batch for expert analysis under Section 1....
Farmers purchasing seeds for cultivation are recognized as consumers under the Consumer Protection Act, 1986, and can claim compensation for crop loss due to defective seeds.
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