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C. VISWANATH, SUBHASH CHANDRA
Rasi Seeds Pvt. Ltd. – Appellant
Versus
Mahaboob Sab – Respondent
ORDER
Subhash Chandra—These revision petitions are filed under section 21 (b) of the Consumer Protection Act, 1986 (in short, the ‘Act’) assailing the orders of the State Consumer Dispute Redressal Commission, Karnataka, Bangalore (in short, ‘State Commission’) in Appeal Nos. 1886 of 2011 dated 07.02.2014, 3510 of 2011 dated 07.02.2014 and 3550 of 2011 dated 07.02.2014 filed against orders of the District Consumer Disputes Redressal Forum, Haveri (in short, ‘District Forum’) in consumer complaints no.2 of 2011 dated 16.05.2011, 17 of 2011 dated 09.09.2011 and 10 of 2011 dated 19.05.2011 respectively.
2. The facts in the three petitions are identical inasmuch as they relate to alleged deficiency in quality of cotton seeds sold by the petitioner leading to poor yields resulting in complaints and appeals for compensation before the lower fora. For the sake of convenience, facts are taken from RP No. 2357 of 2014 based upon the State Commission’s order in Appeal No. 1886 of 2011.
3. In brief, the facts of the case are that respondent no. 1 sowed cotton seeds on his agricultural fields in village Hiremugadur of Savanur Taluk in 2010-2011. The seeds were procured from respondent no. 2, t
(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) 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....
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....
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.
Concurrent findings of fact by lower forums are binding unless material irregularities are demonstrated.
(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....
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