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MILIND S. SONAWANE, NAGESH C. KUMBRE
Green Gold Seeds Pvt. Ltd. – Appellant
Versus
Vishnu – Respondent
JUDGMENT
Milind S. Sonawane, Presiding Member.—These are the appeals challenging the correctness and legality of the judgments and orders passed by the Ld. District Consumer Disputes Redressal Commission, Osmanabad (the ‘District Commission’ for short) in various consumer complaints as indicated in the title clause of this judgment.
2. As all these appeals involve the common issue of facts and law and parties involved in them are identical we are disposing them of by way of this common judgment.
3. The facts giving rise to these appeals are that, respondent No.1 in all matters are farmers, respondent No.2 is the vendor of the seeds manufactured by the appellant. The appellant are the manufacturer of the soyabean seeds. Respondent No.1 have purchased those seeds to be sown in their agriculture land in the agriculture season 2020-21. The Particulars Appeal No., name of respondent No.1, Gat No., area under cultivation, quantity of seeds purchased, price paid for the seeds, date of inspection by Seeds Grievance Committee and amount of compensation granted by District Commission are as follows.
(Matter in Other Language)
4. It is the case of respondent No.1 in all cases that, they sown the
(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....
Burden of proof regarding seed quality lies with the respondent, who must provide evidence against claims of defects.
(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....
(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....
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