BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.101 OF 2022 AGAINST ORDERS IN CC.NO.45 OF 2019, DISTRICT CONSUMER COMMISSION, KHAMMAM Between:

Banoth Veeranna, S/o.Megya, Age 44 years, Occ: Agriculture, R/o.H.No.3-15, Kasna Thanda Village, Thangampadu Post, Khammam Rural Mandal, Khammam District.

.…Appellant/Complainant And

1. M/s.Laxmi Agro Chemical, Rep. by its Proprietor, D.No.2-5-226, Hanuman Temple Road, Khammam City & District.

2. M/s.Maharashtra Hybrid Seeds Co.Pvt.Ltd., Rep. by its Authorized Signatory, Resham Bhavan, 78, Veer Nariman Road, Mumbai – 400 020.

3. M/s.Lotus Agrigenetics Pvt.Ltd., Rep. by its Authorized Signatory, H.No.2-136/A, Flat No.203, Prithviganga Vihar, Spring Field Colony, Jeedimetla, Hyderabad – 500 009.

4. Prabhakar Hybrid Seeds, Rep. by its Authorized Signatory, No.2, Sri Saraswathi Complex, 2nd Cross, 3rd Main Road, Gandhi Nagar, Bangalore – 560 009.

5. M/s.Shriram Bio Seeds Genetics Pvt.Ltd., Rep. by its Authorized Signatory, Plot No.234, Kaveri Hills Phase-II, Hyderabad – 500 033.

…..Respondents/Opp.Parties Counsel for the Appellant/Complainant : M/s.KRR Associates Mr.K.Rajeshwar Rao Counsel for the Respondent No.1/OP.No.1 : M/s.K.Mahesh Counsel for the Respondent No.2/OP.No.2 : M/s.M.Hari Babu Counsel for the Respondents 3&4/OPs 3&4: Notice served Counsel for the Respondent No.5/OP.No.5 : M/s.P.Padmavathi QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL TUESDAY, THE 29th DAY OF JULY TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This appeal is filed by the Complainant U/s.41 of Consumer Protection Act, 2019, praying this Commission to allow the appeal by setting aside the orders of District Commission, Khammam passed in CC.No.45 of 2019 dated 29.01.2021 and pass such other order or orders as this Commission deems fit and proper in the circumstances of the case and interest of justice.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellant is the Complainant and the Respondents are the Opposite Parties in CC.No.45/2019.

3. Briefly stated, the facts are that – the Complainant is a resident of Kannegundla, H/o.Thodellagudem (V), Dornakal (M), Mahabubabad District and is an agriculturist who is cultivating his lands to raise commercial crops like chillies, cotton etc. He intended to raise chilli crop to an extent of Ac.1.11 Gts in Survey No.431/A1/3, 434/A6/2/3. He approached Opposite Party No.1 and purchased the seeds as follows:

(i) Mahyco Tejaswini (MHP-1) Hybrid Chilli Seeds, Lot No.100851X, 5 packets x 10 grams x 450/- which comes to Rs.2,250/- .

(ii) F-1 Hybrid Lotus Tara Hot Chilli Seeds, Lot No.1036, 5 packets x 10 grams x 310/- which comes to Rs.1,550/-.

(iii) Swathi Hybrid Chilli Seeds (PHS), Lot No.1268, 5 packets x 10 grams x 250/- which comes to Rs.1,250/-.

(iv) F-1 Hybrid Bio Seeds Hot Pepper Ajantha Chilli Seeds, Lot No.496, 5 packets x 10 grams x 310/- which comes to Rs.1,550/-.

4. The said seeds were manufactured, produced, packed and marketed by Opposite Party No.2 to 5 respectively. The Complainant purchased the said seeds and raised the crop in the month of June and July, 2018 by investing huge amounts for cultivation, manuring and precautionary measures for applying pesticides and fertilizers on the advice of the agricultural officer and Opposite Party No.1. It is his grievance that the said chilli plants were without flowering and he approached Opposite Party No.1 and agricultural officer and reported the same. On his complaint, the Assistant Director of Horticulture-I, Mahabubabad visited his fields and opined that the crop was damaged due to defective seeds. In spite of taking all the precautions and following due procedures, he could not get even 10% flowering in his field. He claims that he is a consumer of the Opposite Parties and has filed the complaint for the loss sustained and towards the agony suff