BINOY KUMAR, SUDIP AHLUWALIA
Dhanuka Agritech Ltd. – Appellant
Versus
Inderjeet Singh – Respondent
ORDER
Sudip Ahluwalia, Member—This Revision Petition has been filed challenging the impugned Order dated 19.11.2018 passed by the State Consumer Disputes Redressal Commission, Punjab in F.A No. 342 of 2018, vide which, the Appeal filed by the Petitioner and the Respondent No.2 was dismissed, and the Order of the District Consumer Disputes Redressal Forum, Ferozepur which allowed the Complaint was affirmed.
2. The brief facts leading upto the present case are that the Complainant, an agriculturist and resident of Kikkar Khera, Tehsil Abohar, District- Fazilka, Punjab along with his father Raj Pal Singh, owns 3.5 acres of agricultural land over which cultivated rice crop. After weeds began to grow among the crop, the Complainant consulted the Respondent No. 2, who claimed to have expertise in pesticides sale. Based on his recommendation, the Complainant purchased pesticides namely, Targa Super (1litre) and Astrerodid (80 gm) for Rs.1,950/- on 08.08.2016, on the assurance that these products would be effective and was imported from Japan by the Petitioner. The Complainant after following the instructions as provided by Respondent No. 1 and Petitioner, sprayed the pesticides but within d
Dealers and manufacturers of seeds and herbicides, etc. one expected to property inform the farmer and also to have follow up feed back.
(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....
Production performance can be affected by various non-biological factors; vendors must provide clear operational guidance on product use to avoid misleading practices.
Sale of Seeds – Selling the seeds, without mentioning batch number, lot number or tag number, etc., is gross deficiency of services, as well as unfair trade practice.
Concurrent findings of fact by lower forums are binding unless material irregularities are demonstrated.
“Seeds hold to farmers since found not of high quality amounts to deficiency in service.”
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