NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
Inderjit Singh, President, Sudhir Kumar Jain, Member
J.K. AGRI GENETICS LIMITED – Appellant
Versus
MUKESH KUMAR AND ANR. – Respondent
REVISION PETITION NO. 2049 OF 2024 | REVISION PETITION NO. 2050 of 2024 | REVISION PETITION NO. 2051 of 2024 | REVISION PETITION NO. 2052 of 2024 | REVISION PETITION NO. 2053 OF 2024 | REVISION PETITION NO. 2054 OF 2024 | REVISION PETITION NO. 2055 of 2024 | REVISION PETITION NO. 2056 of 2024 | REVISION PETITION NO. 2057 of 2024 | REVISION PETITION NO. 2058 of 2024
| Table of Content |
|---|
| 1. farmers experienced crop infertility after using maize seeds purchased from the respondent. (Para 1 , 2 , 12) |
| 2. initial ruling held vendors liable; compensation awarded for losses due to crop failure. (Para 3 , 4 , 5) |
| 3. emphasis on clear guidelines for product usage; misleading advertisement noted. (Para 6 , 7 , 8 , 13) |
| 4. revision petitions challenge the need for evidence regarding agricultural practices. (Para 9 , 10 , 11) |
| 5. final ruling upheld the need for vendors to provide clear agricultural guidelines. (Para 14 , 15) |
ORDER
DR.SUDHIR KUMAR JAIN, J.
1. Briefly stated the relevant facts as appearing from the record are that 12 complainants arrayed as respondents no 1 in present revision petitions (hereinafter referred to as ‘the complainants’) who were farmers by profession and were having agricultural lands in the State of Madhya Pradesh. The complainants purchased the ‘Hybrid Maize Seed variety 8008’ (hereinafter after referred to as ‘the maize seeds’) from the respondent no. 2/the opposite party no. 2 namely R.J. Patidar & Company, Vidhi Agro Agency and Shri Krishna and Company (hereinafter referred to as ‘the opposite party no. 2’) which were manufactured by M/s J. K. Agri Genetics Limited /the petitioner in present revision petitions/the opposite party no. 1 (hereinafter referred to as ‘the opposite party no. 1). The opposite parties assured the complainants that the said Maize seeds were of excellent quality and would yield excellent produce and yield. The complainants have purchased 10 packets of said maize seed @ Rs. 1,100/- per packet weighing 4 kg each for total consideration of Rs. 11,000 from the opposite party no. 2. The complainants sown the maize seeds in their respective fields and also used the insecticides and manure etc. as per instructions. However, the grains were not formed in the coms even after 120 days of the showing of maize seeds which caused infertility in the crop. The complainants made complaint to the officials of the opposite party no.l who inspected the seeds and reported that the yields were not formed in the coms and the crop had completely destroyed. The officials of the opposite party no. 2 also prepared the site examination report. The officials of the local Agricultural Department also inspected the crop who after inspection reported that the maize seeds prepared and manufactured by other companies had yielded good crops but the maize seeds prepared by the opposite party no. 1 being low quality could not yield desired produce/crops. The complainants assessed that one packet maize seed would yield 30 quintal produce and the cost of one quintal maize coms comes to Rs.2,500/- and in this way the complainants assessed their losses. Accordingly, twelve farmers/the complainants namely Mukesh Kumar, Kishorelal, Bhuvaniram, Rameshwar, Narayan, Rameshchandra, Satyanarayan, Arun, Dharmendra, Om Prakssh, Ashok and Girdhri filed seperate consumer complaints bearing C.C. no. 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 74 and 75 of 2019 under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the ‘Act’ GFEDCBA against J. K. Agri Genetics Limited i.e. the opposite party no.l, R. J. Patidar & Company i.e. the opposite party no. 2, Vidhi Agro Agency i.e. the opposite •party no.3 and Shri Krishan & Company i.e. the opposite party no.4 before the District Consumer Disputes Redressal Commission, Mandelshwar (M.P.) (hereinafter referred to as ‘the District Forum’). The complainants also alleged deficiency in service on the part of the opposite parties due to their negligent act and dereliction in the services. The complainants in their complaint also claimed compensation on account of mental pain and agony.
2. The opposite party no. 1 filed its reply wherein denied the allegations of the complainants and stated that the opposite party no.l produced excellent quality of seeds which were subjected to many quality tests before selling in the market. The opposite party no.l
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