##PAGE1##

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH.

First Appeal No.393 of 2023

Date of institution : 29.05.2023 Reserved on : 06.03.2026 Date of Decision : 06.04.2026

M/s Bharat Insecticides Limited, registered office 1506, Vikram Tower, Rajendra Place, New Delhi-110008.

Now M/s Bharat Certis Agriscience Ltd. Regd. Office Unit 301, 3^rd Floor, Worldmark 3, Asset No.7, Hospitality District, Aerocity, NH-8, New Delhi-110037 through its Authorized Signatory Mandeep Singh,

Business officer of the Company. ….Appellant/Opposite Party No.2

Versus

1) Hardeep Singh aged 40 years.

2) Angrej Singh aged 50 years Both sons of Kabal Singh, resident of Village Lallipur, Tehsil Zira,

District Ferozepur, Pincode-152001.

….…Respondents No.1&2/Complainants

3) M/s Gurbir Kheti Sewa Centre, Village Alipur, Tehsil Zira, District Ferozepur, through its Authorized Signatory. ….…Respondent No.3/Opposite Party No.1

First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 22.09.2022 passed by the District Consumer Disputes Redressal Commission,

Ferozepur in CC No.732 of 2018.

Quorum:-

Hon’ble Mrs. Justice Daya Chaudhary, President Ms. Simarjot Kaur, Member

Mr. Vishav Kant Garg, Member

1) Whether Reporters of the Newspapers may be allowed to see the Judgment? Yes/No

2) To be referred to the Reporters or not? Yes/No

FA No.393 of 2023 2

3) Whether judgment should be reported in the Digest?

Yes/No Present:-

For the appellant : Sh.N.K.Manchanda, Advocate For respondents No.1&2: Ms.R.K.Grewal, Advocate

For respondent No.3 : None

SIMARJOT KAUR, MEMBER :

The Appellant/Opposite Party No.2 has filed the present

Appeal to challenge the impugned order dated 22.09.2022 passed by the District Consumer Disputes Redressal Commission, Ferozepur (in short, “the District Commission”), whereby the

Complaint filed by the Complainant had been partly allowed

2. It would be apposite to mention here that hereinafter the parties will be referred, as were arrayed before the District

Commission.

3. Briefly, the facts of the case as made out by the Complainant in the Complaint filed before the District Commission are that the Complainants had purchased insecticides i.e. Hexaconazole 5% SC, Lambada Cyhalothrin 5% EC, Dichlorvos 76% EC, Buprofezin 25% SC from OP No.1. They were manufactured by OP No.2. He had paid an amount of Rs.2885/- for the said insecticide, vide bill No.259 dated 20.09.2017 (Ex.C-1). He had purchased them for the purpose for spraying the same on the standing paddy crop sown by them in 10 acres of land situated in the area of Village Allipur, Tehsil Zira, District Ferozepur. Said land was taken on lease by @ Rs.36,000/- per acre from Gram Panchayat. At the time of purchasing the above said insecticides, Complainant No.2 Angrej

FA No.393 of 2023 3 Singh told OP No.1 that they wanted to purchase the insecticides. OP No.1 had instructed them to spray the insecticides by mixing them. They had followed the instructions of OP No.1 and had sprayed the insecticides by mixing them on 21.09.2017. As a result of which, the leaves of paddy crop, sown in the said land, got burnt and effected its yield and quality. They immediately contacted OP No.1 and reported the entire matter to it. Thereafter, they had approached the Chief Agricultural Officer, Ferozepur by moving an application in this regard on 25.09.2017. The said representation/application was marked to Block Agricultural Officer (BAO), Ferozepur on 27.9.2017. The BAO had further appointed Agricultural Development Officer (ADO), Zira to assess the loss of the paddy crop of the Complainants. ADO, Zira had visited the spot and found that the paddy crop of the Complainants had been damaged upto 60 to 70%. The Complainants had suffered a loss to the extent of Rs.6,00,000/-, besides other loss of Rs.3,60,000/- on account of lease money paid to the Gram Panchayat. The said land measuring 10 acre was taken by the Complainants from the Gram Panchayat on lease @ Rs.36,000/- per