w w w . L a w y e r S e r v i c e s . i n



Coromandel International Ltd. (Earlier Known As Coromandel Fertillisers Ltd.) Through its Authorized Representative, Vishakhapatnam & Others v/s Kamrubai & Others


Company & Directors' Information:- K N INTERNATIONAL LIMITED [Active] CIN = U45201UP2002PLC026841

Company & Directors' Information:- V AND S INTERNATIONAL PVT LTD [Active] CIN = U74899DL1992PTC049964

Company & Directors' Information:- S S A INTERNATIONAL LTD [Active] CIN = U15122DL1995PLC068186

Company & Directors' Information:- COROMANDEL INTERNATIONAL LIMITED [Active] CIN = L24120TG1961PLC000892

Company & Directors' Information:- A T N INTERNATIONAL LIMITED [Active] CIN = L65993WB1983PLC080793

Company & Directors' Information:- D D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB1995PTC016929

Company & Directors' Information:- T K INTERNATIONAL LIMITED [Active] CIN = U55101OR1982PLC001092

Company & Directors' Information:- N R INTERNATIONAL LIMITED [Active] CIN = L74999WB1991PLC051738

Company & Directors' Information:- K J INTERNATIONAL LIMITED [Active] CIN = L15142PB1993PLC011274

Company & Directors' Information:- A K S INTERNATIONAL LIMITED [Active] CIN = U74899DL1996PLC076327

Company & Directors' Information:- S P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70100WB1994PTC063228

Company & Directors' Information:- B. K. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999DL2006PTC157013

Company & Directors' Information:- R S C INTERNATIONAL LIMITED [Active] CIN = L17124RJ1993PLC007136

Company & Directors' Information:- J C INTERNATIONAL LIMITED [Active] CIN = U51109WB1999PLC089037

Company & Directors' Information:- M T L INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U24219UP2001PTC025965

Company & Directors' Information:- T C N S INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U51311DL1996PTC080096

Company & Directors' Information:- K V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL2003PTC120770

Company & Directors' Information:- G N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL2001PTC110766

Company & Directors' Information:- S H A M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U45200MH1994PTC079867

Company & Directors' Information:- M K INTERNATIONAL LIMITED [Active] CIN = U51909DL1996PLC083430

Company & Directors' Information:- V. G. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101DL2007PTC162540

Company & Directors' Information:- D R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24132DL1996PTC079867

Company & Directors' Information:- R H INTERNATIONAL LIMITED [Active] CIN = U72900DL2007PLC159452

Company & Directors' Information:- G & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17120DL2012PTC234047

Company & Directors' Information:- A & D INTERNATIONAL PRIVATE LIMITED [Active] CIN = U36109RJ2007PTC024176

Company & Directors' Information:- K A I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U13100OR2007PTC009647

Company & Directors' Information:- C G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U99999MH1996PTC097577

Company & Directors' Information:- K C INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060402

Company & Directors' Information:- M P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29130MH1997PTC107943

Company & Directors' Information:- A S INTERNATIONAL LIMITED [Strike Off] CIN = U74899DL1993PLC056158

Company & Directors' Information:- S. D. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74900UP2008PTC036047

Company & Directors' Information:- S AND I INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1995PTC072210

Company & Directors' Information:- L T INTERNATIONAL LIMITED [Active] CIN = U74899DL1999PLC097892

Company & Directors' Information:- A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51102GJ2008PTC053840

Company & Directors' Information:- S J M INTERNATIONAL LIMITED [Active] CIN = U52110DL1987PLC028571

Company & Directors' Information:- S B S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18101DL1997PTC085878

Company & Directors' Information:- R. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51225DL2008PTC177405

Company & Directors' Information:- B G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U50300PB2014PTC038889

Company & Directors' Information:- S F INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999PB2000PTC023654

Company & Directors' Information:- I K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066267

Company & Directors' Information:- C K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1991PTC045625

Company & Directors' Information:- L A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909PB2010PTC033683

Company & Directors' Information:- H R V INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899UP1993PTC057665

Company & Directors' Information:- K P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U24110GJ2007PTC050026

Company & Directors' Information:- V S INTERNATIONAL PRIVATE LIMITED [Active] CIN = U85100MH1997PTC109647

Company & Directors' Information:- N N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL1999PTC099094

Company & Directors' Information:- S R V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74140DL2012PTC243060

Company & Directors' Information:- A. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51900MH2010PTC228539

Company & Directors' Information:- B R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1993PTC055562

Company & Directors' Information:- M J INTERNATIONAL PRIVATE LIMITED [Amalgamated] CIN = U74899DL1982PTC013231

Company & Directors' Information:- D N INTERNATIONAL LIMITED [Active] CIN = U36911TN1996PLC034205

Company & Directors' Information:- M. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U70102DL2007PTC164267

Company & Directors' Information:- M G M INTERNATIONAL PVT LTD [Active] CIN = U74899DL1982PTC013580

Company & Directors' Information:- J J INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51109DL1992PTC047657

Company & Directors' Information:- H D INTERNATIONAL LIMITED [Active] CIN = U74899DL1994PLC060720

Company & Directors' Information:- K. A. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2012PTC049338

Company & Directors' Information:- J & G INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18109DL2012PTC238392

Company & Directors' Information:- K R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U17291DL2008PTC172188

Company & Directors' Information:- S P INTERNATIONAL PVT LTD [Strike Off] CIN = U99999UP1965PTC003091

Company & Directors' Information:- B M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1992PTC048736

Company & Directors' Information:- S G INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51109WB1998PTC086547

Company & Directors' Information:- B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U15412WB1999PTC089316

Company & Directors' Information:- V A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01111DL2000PTC104712

Company & Directors' Information:- S. J. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U27310DL2007PTC169438

Company & Directors' Information:- G. S. C. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U29120MH1994PTC080380

Company & Directors' Information:- A J INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1994PTC060818

Company & Directors' Information:- J S M INTERNATIONAL LIMITED [Active] CIN = U85110KA1996PLC020046

Company & Directors' Information:- N M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74120MH2012PTC234492

Company & Directors' Information:- S S M INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909DL1997PTC089876

Company & Directors' Information:- A P J INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909HR2010PTC040304

Company & Directors' Information:- T. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72900DL1997PTC091049

Company & Directors' Information:- V R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51101UP2011PTC043952

Company & Directors' Information:- M E C INTERNATIONAL PRIVATE LIMITED [Active] CIN = U33111GJ1963PTC082423

Company & Directors' Information:- J K INTERNATIONAL PRIVATE LIMITED [Active] CIN = U01100MH2004PTC144492

Company & Directors' Information:- D. S. R. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999UP2010PTC039954

Company & Directors' Information:- R B INTERNATIONAL LTD [Strike Off] CIN = U18101WB1993PLC059515

Company & Directors' Information:- P Y INTERNATIONAL PRIVATE LIMITED [Converted to LLP] CIN = U51102RJ1995PTC010133

Company & Directors' Information:- R C INTERNATIONAL LIMITED [Strike Off] CIN = U51909TG1991PLC012477

Company & Directors' Information:- I AND A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U72200TG1995PTC019936

Company & Directors' Information:- P V INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1998PTC094598

Company & Directors' Information:- I B INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U72200DL2000PTC105735

Company & Directors' Information:- A M INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74899DL1995PTC066228

Company & Directors' Information:- Z. H. INTERNATIONAL PRIVATE LIMITED [Active] CIN = U21098MH2010PTC210735

Company & Directors' Information:- J R INTERNATIONAL PRIVATE LIMITED [Active] CIN = U51909TN2002PTC048744

Company & Directors' Information:- L S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74999DL2009PTC193390

Company & Directors' Information:- M B INTERNATIONAL PVT LTD [Strike Off] CIN = U52190DL2001PTC110572

Company & Directors' Information:- O K R INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900DL1996PTC077152

Company & Directors' Information:- B B C INTERNATIONAL PVT LTD [Strike Off] CIN = U25209WB1984PTC037383

Company & Directors' Information:- K S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51909MH2001PTC134345

Company & Directors' Information:- A TO Z INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51101TN1992PTC022507

Company & Directors' Information:- C & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900MH1982PTC026718

Company & Directors' Information:- J S INTERNATIONAL PVT LTD [Strike Off] CIN = U51900MH1982PTC027604

Company & Directors' Information:- A C INDIA INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034784

Company & Directors' Information:- INDIA INTERNATIONAL COMPANY PRIVATE LIMITED [Active] CIN = U51228MH1955PTC009483

Company & Directors' Information:- R K INTERNATIONAL PVT LTD [Strike Off] CIN = U63040PB1982PTC004926

Company & Directors' Information:- L & P INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52100DL2016PTC292025

Company & Directors' Information:- R B N INTERNATIONAL PRIVATE LIMITED [Active] CIN = U52300DL2012PTC243998

Company & Directors' Information:- P AND P INTERNATIONAL PRIVATE LIMITED. [Strike Off] CIN = U24100OR1993PTC003244

Company & Directors' Information:- E C INTERNATIONAL PVT LTD [Strike Off] CIN = U99999DL1982PTC013146

Company & Directors' Information:- M M INTERNATIONAL PVT LTD [Converted to LLP] CIN = U51312DL1977PTC008583

Company & Directors' Information:- THE COROMANDEL CORPORATION PRIVATE LIMITED [Strike Off] CIN = U01112TN1940PTC000341

Company & Directors' Information:- A K INDIA INTERNATIONAL PRIVATE LTD [Strike Off] CIN = U45201DL1981PTC012389

Company & Directors' Information:- O P INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U55101PB2013PTC037499

Company & Directors' Information:- J & A INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51900PB2013PTC037302

Company & Directors' Information:- Y. A. INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U74900RJ2012PTC040431

Company & Directors' Information:- D & A INTERNATIONAL PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262713

Company & Directors' Information:- R L INTERNATIONAL PRIVATE LIMITED [Active] CIN = U18204UP2016PTC076344

Company & Directors' Information:- V P S INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U93030UP2014PTC066242

Company & Directors' Information:- J V INTERNATIONAL PRIVATE LIMITED [Strike Off] CIN = U51102DL2012PTC240197

Company & Directors' Information:- S R L INTERNATIONAL PRIVATE LIMITED [Under Process of Striking Off] CIN = U20296AP2013PTC085533

Company & Directors' Information:- M D INTERNATIONAL LIMITED [Active] CIN = U74140MH1981PTC025007

Company & Directors' Information:- D C M INTERNATIONAL LTD. [Strike Off] CIN = U99999DL2000PTC004208

    Revision Petition Nos. 4314, 4287 of 2012

    Decided On, 29 June 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR.JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appearing Parties: Gagan Gupta, Sandeep Gupta, Advocates.



Judgment Text


Oral:

The complainants namely Smt. Kamrubai, Mr. Hasan Khan, Mr. Haneef Mohd. and Mr. Aarif Khan purchased fertilizers, seeds, pesticides etc. from Rassiwala Enterprises, petitioner no.1 in RP No.4287/2012 and respondent no.5 in RP No.4314/2012. The inputs so purchased were used by them in the crops of gram which alongwith other crop, they had sown in their fields. Shivalik Agro Chemicals and Global Bio Agro Industries who are respondents no.6 & 7 in RP No.4314/2012 and petitioners no.2 & 3 in RP No.4287/2012 as well as Coromandal Fertiliers Ltd., who is petitioner in RP No.4314/2012 and respondent no.5 in RP No.4287/2012 were the manufacturers of these products. The products were purchased for a price of Rs.4,675/-.

2. The case of the complainants is that before using the said inputs in the fields, a mixture was prepared using specified amount of water and was then sprayed on the crops. Just after about 5-6 days of the spray, the flowers, leaves and stem etc. got burnt. The matter was taken up by him with the seller Rassiwala Enterprises but they did not bother even to inspect the crop. The complainants therefore, submitted an application before the Agriculture Department and a site inspection was accordingly made wherein the damage was found to be about 50% of the possible production and the loss to the complainant was estimated at Rs.1 lac. Since no compensation was paid to them, the complainants approached the concerned District Forum impleading the seller as well as the manufacturer as the OPs in the complaint.

3. The complaints were resisted by the seller as well as by the manufacturers who inter-alia stated that though the complainants were instructed on how to use the pesticides, they had not used the same as per the instructions and had not suffered any loss.

4. The District Forum dismissed the complaint without going into its merits on the ground that complicated issues were involved which required cross-examination.

5. Being aggrieved from the order passed by the District Forum, the complainants approached the concerned State Commission by way of an appeal. Vide impugned order dated 09.08.2012, the State Commission set aside the order passed by the District Forum and directed the OPs in the complaints to pay compensation quantified at Rs.1 lac to the complainants. Being aggrieved, the seller as well as the manufacturers are before this Commission.

6. It is pointed out by the learned counsel for Coromandal Fertiliers Ltd., petitioner in RP No.4314/2012 that after inspection on 05.12.2009, another inspection was carried out on 13.01.2010 wherein no damage to the crop of the complainants was found. The said inspection was carried out by Senior Agriculture Development Officer of Farmers Welfare and Agriculture Development in the presence of panch witnesses who had signed the said report. In my view, the reliance placed by the State Commission on the report dated 05.12.2009 which was the first report in the point of time, cannot be said to be misplaced or unjustified in the facts and circumstances of the case. At the time of the second inspection, the complainants were not joined. Therefore, it cannot be verified whether the fields inspected on 13.01.2010 were the same fields in which the crop of the complainants was allegedly impacted on account of pesticides etc. It is true that even the seller and the manufacturers were not present at the time when inspection was carried out on 05.12.2009 but the complainants cannot be held responsible for the concerned Officer of the Government not joining them. What is important is that the complainants were not likely to show some field other than the field in which the crop was affected at the time of inspection on 05.12.2009 but, there is no certainty as regards the fields which were shown at the time of inspection on 13.01.2010. In any case, even when there are two contradictory reports, one favouring the farmers and the other favouring the sellers/manufacturers, the report favouring the farmers has to be given preference unless there are specific grounds for preferring the report given against the farmers over the report given in favour of the farmers. The Consumer Protection Act, being a beneficial provision, meant for the benefit of the consumers, such an approach would be absolutely in consonance of the legislative intent.

7. It is submitted by the learned counsel that out of five panch witnesses of the report dated 05.12.2009, only three had supported the complainants whereas the remaining two had not supported them. This, in my opinion, will not be important considering that not only the majority of the panch witnesses had supported the complainant, the public official who carried out the inspection, did not depose against the complainants.

8. It is true that no technical report was produced before the District Forum nor the sample was sent to any laboratory. In this regard, it has to be kept in mind that a farmer purchases inputs such as fertilizers and pesticides for using in his fields and at that time, he would not suspect that the pesticide and/or fertilizers would be found to be of inferior quality and would damage the crops sown by him. Therefore, he is not expected to retain the samples of the inputs purchased by him. The manufacturers, on the other hand, are expected to retain the samples of every lot and therefore, nothing prevented them from requesting the District Forum to send the sample from the lot which was sold to the complainants to an appropriate laboratory. Such a course of action was not attempted by the sellers and/or the manufacturers.

9. The issues involved in these petitions recently came up for consideration of this Commission in RP No.1029 of 2011 M/s Shiv Narayan Periwal & Sons Vs. Bharat Kumar & Ors. decided on 24.06.2020 and the following view was taken:

“……………… in RP/1033/2015 - Reliance Life Sciences Pvt. Ltd. Vs. Umesh Singh Chandan Singh Saddiwal & Anr. & connected matters decided on 14.01.2016 and the following view was taken:-

17. It was contended by the learned Senior Counsel for the petitioner that the complainants did not request the District Forum to send the samples of the seeds purchased by them to a laboratory, in terms of Section 13(1)(c) of the Consumer Protection Act, and in the absence of analysis by an appropriate laboratory, as defined in Section 2(1)(iii) of the Consumer Protection Act, the District Forum and the State Commission were not justified in holding that the seeds purchased by the complainants were defective. We however, find no merit in the contention. A farmer purchases the seeds for the purpose of using them in his fields and while sowing the seeds, he has no reason to suspect that the seeds purchased by him may turn out to be defective or sub-standard. Therefore, he would have no reason to retain a part of the seeds purchased by him. Consequently, he is not in a position to offer the sample of the seeds for analysis by an appropriate laboratory. The manufacturer / supplier of the seeds on the other hand, may possibly have the samples of such seeds available with him, even at the time notices of a consumer complaint is received by him. Therefore, if he seeks to dispute the allegation of the seeds being defective or sub-standard, he must necessarily offer the sample available with him to the District Forum for sending the same to an appropriate laboratory for carrying out an analysis to determine whether the said seeds suffer from a defect alleged in the complaint or from any other defect or not. Admittedly, no such endeavour was made, either by the petitioner or by its dealer, when they appeared before the District Forum.

18. A similar issue arose before this Commission in Revision Petition No. 381 of 2012 Ankur Seeds Pvt. Ltd. Vs. Motilal & Anr. In that case, a complaint alleging poor quality of the seed was lodged by the farmer with the Senior Agriculture Development Officer and Garden Superintendent of the concerned Block. The fields were then inspected by the Senior Agriculture Development Officer, who reported that the size was irregular and less than the standard claimed by the company. It was also found that the cucumbers were irregular in shape, their colour was not green and there was less grooming of flowers. The District Forum and the State Commission, having ruled in favour of the complainants, the matter was agitated before this Commission by way of a revision petition, which was heard by a Bench of two-Members. Since there was a difference of opinion in the aforesaid Bench, the reference to the Hon’ble President of this Commission was made under Section 20(1A)(iii) of the Consumer Protection Act. It was inter-alia contended on behalf of the petitioners that the report of the Senior Agriculture Development Officer could not be relied upon as the fields were inspected without notice to them and the complainants had failed to obtain any reports about the quality of the seeds from a recognized laboratory. Rejecting the contention, the Hon’ble President who along with one of the Hon’ble Members constituted majority in the Bench, inter-alia held as under:

“14. In National Seeds Corporation Limited Vs. M. Madhusudhan Reddy & Anr. (2012) 2 SCC 506, analysing the provisions of the Seeds Act, 1966, particularly with reference to Section 13(1)(c) of the Act, which confers power on Consumer Fora to obtain test report from an appropriate laboratory with a view to finding out whether the goods in question suffer from any defect alleged in the complaint, the Supreme Court observed as follows:

“We shall now deal with the question whether the District Forum committed a jurisdictional error by awarding compensation to the respondents without complying with the procedure prescribed under Section 13(1)(c). A reading of the plain language of that section shows that the District Forum can call upon the complainant to provide a sample of goods if it is satisfied that the defect in the goods cannot be determined without proper analysis or test. After the sample is obtained, the same is required to be sent to an appropriate laboratory for analysis or test for the purpose of finding out whether the goods suffer from any defect as alleged in the complaint or from any other defect.

In some of these cases, the District Forums had appointed agricultural experts as Court Commissioners and directed them to inspect the fields of the respondents and submit report about the status of the crops. In one or two cases the Court appointed the Advocate Commissioner with liberty to him to avail the services of agricultural experts for ascertaining the true status of the crops. The reports of the agricultural experts produced before the District Forum unmistakably revealed that the crops had failed because of defective seeds/foundation seeds. After examining the reports the District Forums felt satisfied that the seeds were defective and this is the reason why the complainants were not called upon to provide samples of the seeds for getting the same analysed/tested in an appropriate laboratory. In our view, the procedure adopted by the District Forum was in no way contrary to Section 13(1)(c) of the Consumer Protection Act and the appellant cannot seek annulment of well-reasoned orders passed by three Consumer Forums on the specious ground that the procedure prescribed under Section 13(1)(c) of the Consumer Protection Act had not been followed.

The issue deserves to be considered from another angle. Majority of the farmers in the country remain illiterate throughout their life because they do not have access to the system of education. They have no idea about the Seeds Act and the rules framed thereunder and other legislations, like, the Protection of Plant Varieties and Farmers’ Rights Act, 2001. They mainly rely on the information supplied by the Agricultural Department and government agencies, like the appellant. Ordinarily, nobody would tell a farmer that after purchasing the seeds for sowing, he should retain a sample thereof so that in the event of loss of crop or less yield on account of defect in the seeds, he may claim compensation from the seller/supplier. In the normal course, a farmer would use the entire quantity of seeds purchased by him for the purpose of sowing and by the time he discovers that the crop has failed because the seeds purchased by him were defective nothing remains with him which could be tested in a laboratory. In some of the cases, the respondents had categorically stated that they had sown the entire quantity of seeds purchased from the appellant. Therefore, it is nave to blame the District Forum for not having called upon the respondents to provide the samples of seeds and send them for analysis or test in the laboratory.

It may also be mentioned that there was abject failure on the appellant’s part to assist the District Forum by providing samples of the varieties of seeds sold to the respondents. Rule 13(3) casts a duty on every person selling, keeping for sale, offering to sell, bartering or otherwise supplying any seed of notified kind or variety to keep over a period of three years a complete record of each lot of seeds sold except that any seed sample may be discarded one year after the entire lot represented by such sample has been disposed off. The sample of seed kept as part of the complete record has got to be of similar size and if required to be tested, the same shall be tested for determining the purity. The appellant is a large supplier of seeds to the farmers/growers and growers. Therefore, it was expected to keep the samples of the varieties of seeds sold/supplied to the respondents. Such samples could have been easily made available to the District Forums for being sent to an appropriate laboratory for the purpose of analysis or test. Why the appellant did not adopt that course has not been explained.”

15. In this behalf, the following observations of the Hon’ble Supreme Court in Maharashtra Hybrid Seeds Co. Ltd. Vs. Alavalapati Chandra Reddy& Ors. (1998) 6 SCC 738 are also apposite:-

“………..Moreover, if the opposite parties have disputed that the seeds were not defective they would have applied to the District Forum to send the samples of seeds from the said batch for analysis by appropriate laboratory. But the opposite parties have not chosen to file any application for sending the seeds to any laboratory. Since it is probable that the complainants have sown all the seeds purchased by them, they were not in a position to send seeds for analysis. In these circumstances, the order of the District Forum is not vitiated by the circumstance that it has not on its own accord sent the seeds for analysis by an appropriate laboratory.”

16. In the present case, as noted above, noticing that cucumber fruit was deformed and the yield was less than the expected, the Complainant lodged complaint with the Senior Agriculture Development Officer. The said officer found that fruits (cucumber) was irregular in shape; less than the standard claimed by the Company; flowering was less; the fruit was not greener and the agriculturists were getting less yield. In my view, even if the report does not comment on the quality of the seeds, it did raise a strong presumption in favour of the Complainant that defective seeds were the cause for low yield and deformed cucumber crop. As observed by the Supreme Court, it was not expected that the Complainant/farmer should have retained a sample of the seeds, so that in the event of less yield on account of defect in the seeds, he could have got it tested in a laboratory to prove that it was defective or of inferior quality. On the contrary, after the filing of the complaint for compensation, nothing prevented the Petitioners, from tracing out the samples from the batch of the seeds and getting it tested for its quality on their own accord or move an application before the District Forum for sending the sample of the seeds, which ought to have been available with them, for analysis by an appropriate laboratory. Having failed to do so, the Petitioners cannot be heard to say that from the report of the Agriculture Officer no adverse inference regarding quality of the seeds could be drawn on the ground that the Complainant had failed to send the sample of seeds to a laboratory for testing. In my opinion, by placing on record the report of the Agriculture Officer, the Complainant had discharged the initial onus to prove that the seeds in question were sub-standard or defective. In light of the said report, onus shifted on to the Petitioners to prove that the seeds were not defective, as alleged”.<

Please Login To View The Full Judgment!

br /> 20. In these cases inspection was carried out by a committee, consisting of Agriculture Development Officer, Taluka Agriculture Officer, District Seed Certification Officer, District Parishad Member, Operation Member, representative of Mahabeej and representative of the Agricultural University. The aforesaid committee found the seeds sown by the complainants to be defective. No evidence was produced by the petitioners to rebut the aforesaid report of the committee. In the absence of any such rebuttal, the fora below, in our view, were justified in accepting the aforesaid report and concluding that the seeds purchased by the complainants were defective. The learned counsel for the petitioners assailed the report of the committee on the ground that the prior notice of the inspection was not served upon the petitioner, the notice having been sent by ordinary post on 27.05.2008 and since the inspection was carried out on 31.5.2008, the said notice was not even received by the petitioner. The report was also assailed on the ground that it had not been signed by all the members of the committee. As noted earlier, the failure to follow the procedure prescribed under the circulars issued by the Government of Maharashtra will not be fatal to the complainants in a consumer complaint, if he is otherwise able to prove that the seeds purchased by him were defective. Therefore, even the inspection carried out in the absence of the representative of the petitioner committee could be taken into consideration by the fora below though it can hardly be disputed that the inspection report would have been considered to be more authentic, had the representative of the petitioner company been present at the time of inspection. 10. For the reasons stated hereinabove, the Revision Petitions are hereby, dismissed with no order as to costs.
O R







Judgements of Similar Parties

22-09-2020 Elite International Pvt. Ltd., Mumbai Versus United India Insurance Co. Ltd., Chennai &amp; Another National Consumer Disputes Redressal Commission NCDRC
27-08-2020 M/s. Web International Cargo Ltd., Rep. by its proprietor Srinivas P. Bhat Versus M/s. Magnum Logistics Ltd., Rep. by its Director, Jayaram High Court of Karnataka
26-08-2020 Huawei Technologies (UK) Co Ltd. &amp; Another Versus Unwired Planet International Ltd. &amp; Another United Kingdom Supreme Court
24-08-2020 The Director of Income-Tax International Taxation, Bangalore &amp; Another Versus The Executive Engineer, M/s. Bangalore Water Supply &amp; Sewerage Board, Bangalore &amp; Another High Court of Karnataka
20-08-2020 M/s. Life Cell International Private Limited, Represented by its Company Secretary D. Mahesh, Chennai Versus Vinay Katrela High Court of Judicature at Madras
22-07-2020 Director of Income Tax-II (International Taxation) New Delhi &amp; Another Versus M/s. Samsung Heavy Industries Co. Ltd. Supreme Court of India
17-07-2020 ICICI Lombard General Insurance Company Ltd. Versus Delhi International Airport Ltd. Delhi State Consumer Disputes Redressal Commission New Delhi
17-07-2020 Paras International Exports Versus Export Credit Guarantee Corporation of India Limited Delhi State Consumer Disputes Redressal Commission New Delhi
26-06-2020 IRCON International Ltd. Versus M/s. Meumal Athwani High Court of Judicature at Calcutta
23-06-2020 M/s. Angelique International Limited Versus Public Electricity Corporation &amp; Others High Court of Delhi
12-06-2020 Aberdeen Asia Pacific Including Japan Equity Fund Versus Deputy Commissioner of Income Tax (International Taxation)-1(1)(1) &amp; Another High Court of Judicature at Bombay
10-06-2020 Director of Income-Tax, International Taxation Versus M/s. Sasken Communication Technologies Ltd. High Court of Karnataka
10-06-2020 Hotel Nikhil Sai International Bar &amp; Restaurant Versus Assistant Commissioner ST Audit &amp; Another High Court of for the State of Telangana
09-06-2020 Ircon International Limited Versus Government of Andhra Pradesh rep by its Chief Engineer High Court of for the State of Telangana
05-06-2020 Sun Pharma Laboratories Limited Versus BDR Pharmaceuticals International Pvt. Ltd. &amp; Another High Court of Delhi
01-06-2020 Sri Vinayaka Caterors &amp; Consultants, Partnership Firm, Represented by its Partners, K. Eshwar Versus The Executive Warden, International Hostels, Anna University, Chennai &amp; Others High Court of Judicature at Madras
19-05-2020 M/s. Shriram Capital Limited, A Limited Company represented by its Vice-President, N. Mani Versus The Director of Income Tax, (International Taxation) &amp; Another High Court of Judicature at Madras
04-05-2020 Bhansali Productions Pvt.Ltd. Versus Eros International Medial Ltd. &amp; Others High Court of Judicature at Bombay
01-05-2020 M/s. Inter Ads Exhibition Pvt. Ltd. Versus Busworld International Cooperatieve Vennootschap Met Beperkte Anasprakelijkheid High Court of Delhi
30-04-2020 Banyan Tree Growth Capital L.L.C. Versus Axiom Cordages Limited (Previously Known as Axion Impex International Ltd.) &amp; Others High Court of Judicature at Bombay
28-04-2020 Flemingo Travel Retail Limited, Having Registered Office at Turbhe, Navi Mumbai, Represented by Its Authorised Signatory Nixon Varghese Versus Kannur International Airport Limited, Mattannur, Represented by Its Managing Director &amp; Another High Court of Kerala
18-03-2020 Union of India Versus Bharat Biotech International Ltd. &amp; Others High Court of Delhi
13-03-2020 Dr. Rajesh Jhorawat Versus Life Cell International Pvt. Ltd., Kancheepuram &amp; Another National Consumer Disputes Redressal Commission NCDRC
13-03-2020 Paradigm Geophysical Pty Ltd. V/S Commissioner of Income Tax (International Taxation)-3, New Delhi High Court of Delhi
13-03-2020 M/s. Shriram Capital Limited, A Limited Company represented by its Vice-President, N. Mani Versus The Director of Income Tax, (International Taxation) &amp; Another High Court of Judicature at Madras
12-03-2020 Joshi Technologies International, Inc-India Projects Versus Union of India High Court of Gujarat At Ahmedabad
11-03-2020 M/s. Meyer Apparel Ltd. Versus M/s. Panchanan International Pvt. Ltd. High Court of Delhi
06-03-2020 Uttam Datta Versus Proprietor, International Trading Co. &amp; Another West Bengal State Consumer Disputes Redressal Commission Kolkata
03-03-2020 Cambridge International School &amp; Another Versus Priyanka Punjab State Consumer Disputes Redressal Commission Chandigarh
28-02-2020 Seed Works International Pvt., Ltd. &amp; Another Versus Banothu Rangamma &amp; Others Telangana State Consumer Disputes Redressal Commission Hyderabad
27-02-2020 Perfect Synergy Advisory Pvt. Ltd. Versus Sagar Infra Rail International Limited &amp; Others High Court of Delhi
24-02-2020 Saurabh Kar &amp; Another Versus Kolkata West International City Pvt. Ltd. &amp; Another West Bengal State Consumer Disputes Redressal Commission Kolkata
14-02-2020 APS Forex Services Private Limited Versus Shakti International Fashion Linkers &amp; Others Supreme Court of India
14-02-2020 Seed Works International Pvt., Ltd., Rep. by its Finance Controller, TN Rajan &amp; Another Versus Banothu Tharya &amp; Another Telangana State Consumer Disputes Redressal Commission Hyderabad
11-02-2020 Ircon International Limited Versus C.R. Sons Builders &amp; Development Pvt. Ltd. &amp; Another High Court of Delhi
07-02-2020 Swastik Builders, Satyam Apartments Next to Rowell Continental (Sunny International) &amp; Others Versus Dr. Shobha &amp; Others In the High Court of Bombay at Nagpur
05-02-2020 M/s. Texcel International Pvt. Ltd., Sengundram Industrial Area (Near Ford India Ltd.,), Chengalpattu Versus M/s. Chennai Steel Tubes, Rep.by one of its Partner, G. Bhavanishankar High Court of Judicature at Madras
31-01-2020 Alstom T&amp;D India Ltd., Formerly known as Areva T&amp;D India Ltd., Represented by its Managing Director, Rep. by its authorized signatory, Padappai Versus M/s. Texcel International Pvt., Ltd., Represented by Mukunthan C.O.O, Chengalpattu High Court of Judicature at Madras
30-01-2020 Bristol-Myers Squibb Holdings Ireland Unlimited Company &amp; Others Versus BDR Pharmaceuticals International Pvt. Ltd. &amp; Another High Court of Delhi
27-01-2020 Hotel Soorya International, Represented by its Partner, S. Arumugam Versus The Secretary to Government, Home, Prohibition &amp; Excise, Chennai &amp; Others High Court of Judicature at Madras
22-01-2020 M/s. IRCON International Limited, (A Government of India Undertaking), Rep. by its Joint General Manager(South), Bangalore Versus The Government of Tamil Nadu, Rep. by the Superintending Engineer(H), Villupuram High Court of Judicature at Madras
14-01-2020 Export Import Bank of India &amp; Another Versus Punjab National Bank (International) Ltd. &amp; Another High Court of Judicature at Bombay
14-01-2020 International Car and Motors Ltd. Versus Shyam Sundar Sen &amp; Others West Bengal State Consumer Disputes Redressal Commission Kolkata
14-01-2020 Ircon International Limited Versus Union Territory of Jammu &amp; Kashmir &amp; Others High Court of Jammu and Kashmir
13-01-2020 Union of India rep. By its Enforcement Officer Enforcement Directorate Chennai Versus M/s. Raiments &amp; Garments International, Chennai &amp; Others High Court of Judicature at Madras
06-01-2020 M/s. Prime Gold International Limited, Represented by its Director Achin Aggarwal &amp; Another Versus The Additional Director General, The Directorate General of Goods and Services Tax Intelligence Coimbatore Zonal Unit, Coimbatore &amp; Others High Court of Judicature at Madras
06-01-2020 Phoenix International Ltd V/S Commissioner of Central Excise, Noida-I Customs Excise Service Tax Appellate Tribunal Regional Bench Allahabad
04-01-2020 HDFC Bank Limited V/S KPG International Private Limited and Others. Debts Recovery Tribunal Delhi
19-12-2019 J. John Winfred Versus International Airport Authority of India Rep. By Airport Director, Chennai High Court of Judicature at Madras
12-12-2019 M/s. Saravana International, Rep. by its Proprietor C.R. Devanathan, Panruti Versus The Assistant Commissioner (ST), Panruti High Court of Judicature at Madras
12-12-2019 Moets Catering Services Through Its Sole Proprietor Mr. Sandeep Bindra Versus Dr. Ambedkar International Center &amp; Others High Court of Delhi
06-12-2019 Tuli International Through it is Partner, Neeraj Tuli Versus New India Assurance Co. Ltd. Through Sh. A.K. Longai, Manager, Duly Contituted Attorney &amp; Another National Consumer Disputes Redressal Commission NCDRC
06-12-2019 M/s. N.V. International Versus State of Assam &amp; Others Supreme Court of India
13-11-2019 Shaji B. John, Kings International Ltd., Quilon &amp; Others Versus The Marine Products Exports Development Authority, Cochin, Represented by Its Secretary, Dr. G. Santhanakrishnan High Court of Kerala
07-11-2019 SPT International &amp; Finance Ltd. Versus Bank of Baroda &amp; Another High Court of Judicature at Calcutta
30-10-2019 M/s. Usha International Ltd., Represented by its Chief Operating Officer, Haryana Versus Customs &amp; Central Excise Settlement Commission, Additional Bench, Chennai &amp; Another High Court of Judicature at Madras
22-10-2019 M/s. EOS GmbH-India Branch, Rep. By its Authorized Signatory, Prakasam Anand (Country Manager), Kolathur Versus The Deputy Commissioner of Income Tax, International Taxation 1(1), Chennai High Court of Judicature at Madras
17-10-2019 K.P.L. International Limited, Represented by it Senior Vice President, R.P. Mundra Versus The Commercial Tax Officer Saidapet Assessment Circle, Chennai High Court of Judicature at Madras
17-10-2019 Head Legal, Gmr Hyd International Airport Ltd. Versus Registrar, Airports Economic Regulatory Appellate Tribunal 2 High Court of for the State of Telangana
09-10-2019 M.L. Kumawat &amp; Another Versus Bharat Bio Tech International Ltd. National Consumer Disputes Redressal Commission NCDRC
27-09-2019 Chennai Port Trust Versus Chennai International Terminals Pvt. Ltd. &amp; Others High Court of Judicature at Madras
26-09-2019 Ajit Ravi Versus Cochin International Airport Ltd. High Court of Kerala
20-09-2019 International Society for Krishna Consciousness Versus Ishwari Prasad Singh Roy &amp; Others High Court of Judicature at Calcutta
19-09-2019 Dharam Vir &amp; Others Versus BGS International Public School &amp; Others High Court of Delhi
18-09-2019 The Management of M/s. International Travel House Limited, Chennai Versus The Presiding Officer, First Additional Labour Court, Chennai &amp; Others High Court of Judicature at Madras
29-08-2019 M/s. Kadimi International Pvt. Ltd. Versus M/s. Emaar MGF Land Limited High Court of Delhi
27-08-2019 Yun Zhang &amp; Others Versus Sealegs International Limited Court of Appeal of New Zealand
27-08-2019 Central Board of Secondary Education, Application Branch, Shiksha Kendra, Delhi, Represented by its Secretary Versus Manager, Bethlehem International, Vazhakulam, Ernakulam &amp; Others High Court of Kerala
19-08-2019 International Flavours &amp; Fragrances India Pvt. Ltd., Chennai &amp; Another Versus State of Kerala, Represented by the Public Prosecutor, Office of the Advocate General, Ernakulam &amp; Another High Court of Kerala
09-08-2019 Glencore International AG Versus Indian Potash Limited &amp; Another High Court of Delhi
07-08-2019 San International Business School, Rep.by its Chairman, T. Jayalakshmi Versus The Director, Centre for Affiliation of Institutions, Anna University, Chennai High Court of Judicature at Madras
07-08-2019 K. Mahendran, Trincomalee Versus Deutche Welle Radio and TV International, Colombo Supreme Court of Sri Lanka
07-08-2019 Sphere International, a proprietorship concern through its proprietor Rakesh Jalan Versus Ecopack India Paper Cup Pvt. Ltd. High Court of Judicature at Bombay
30-07-2019 M/s. Kuldip Singh Sethi &amp; Gagan Goyal Versus Ecole Globale International Girls School High Court of Uttarakhand
29-07-2019 Bently Nevada LLC Versus Income Tax Officer, Ward-1(1) (2), International Taxation &amp; Another High Court of Delhi
23-07-2019 KAS International, Represented by its Proprietor, Chennai Versus The Assistant Commissioner (CT), Purasawalkam Assessment Circle, Chennai High Court of Judicature at Madras
05-07-2019 M/s. Saravana International, Rep. by its Proprietor, C.R. Devanathan, Panruti Versus The Assistant Commissioner (ST), Panruti High Court of Judicature at Madras
01-07-2019 Anand Institute of International Studies, Through Shrimati Arun Pal Anand(Prop/Director), Madhya Pradesh Versus Sani Jaggi &amp; Others National Consumer Disputes Redressal Commission NCDRC
28-06-2019 The Government of Tamilnadu, Rep.by its Secretary, Public Works Department, Chennai &amp; Others Versus M/s. GMP International GMBH of Hardenberg Strassee 4-5, Rep.by its Authorised Singatory Col.C. Jaisankar (Retd.) High Court of Judicature at Madras
24-06-2019 R. Mallika &amp; Another Versus Expeditors International India Pvt. Ltd., Represented by its Supervisor in Accounts department Bharanidharan High Court of Judicature at Madras
04-06-2019 Commissioner of Income, International Taxation-1, Mumbai Versus Bechtel International Inc. High Court of Judicature at Bombay
30-05-2019 Atakas Ticaret Ve Nakliyat As Versus Glencore International Ag Supreme Court of Appeal of South Africa
29-05-2019 Punjab State Warehousing Corporation Versus LMJ International Limited &amp; Another High Court of Punjab and Haryana
16-05-2019 International Centre For Alternative Dispute Resolution Versus Union of India &amp; Others High Court of Delhi
15-05-2019 R (on the application of Privacy International) Versus Investigatory Powers Tribunal &amp; Others United Kingdom Supreme Court
14-05-2019 RUBFILA International Limited NIDA Versus Securities and Exchange Board of India, SEBI Bhavan &amp; Another SEBI Securities amp Exchange Board of India Securities Appellate Tribunal
10-05-2019 International Cycle Gears Versus The Controller of Patents &amp; Designs &amp; Others High Court of Judicature at Calcutta
09-05-2019 C. Mahendra International Ltd Versus Naren Sheth &amp; Another National Company Law Appellate Tribunal
03-05-2019 M/s. SBI Global Factors Ltd. &amp; Another Versus Official Liquidator of M/s Minar International Limited High Court of Judicature at Bombay
02-05-2019 Gugulothu Alya Versus Seed Works International Pvt Ltd. &amp; Another National Consumer Disputes Redressal Commission NCDRC
30-04-2019 Vijay Mohan, Sole Proprietor M/s. Agri Tech Versus M/s. Real Blue International Pvt. Ltd., Rep. by its Director Manoj Soman &amp; Others High Court of Judicature at Madras
26-04-2019 Sumati Choraria &amp; Another Versus M/s. Life Cell International (P) Ltd. West Bengal State Consumer Disputes Redressal Commission Kolkata
26-04-2019 Indostar Capital Versus Asst. Commissioner of Income Tax, (International Taxation) 2(2)(1) &amp; Others High Court of Judicature at Bombay
24-04-2019 Immanuel Arasar International Institute of Science &amp; Technology Educational Charitable Trust rep. by its Founder Trustee Sam G.Jebajoselin Versus The Regional Officer, Southern Regional Office, AICTE &amp; Others High Court of Judicature at Madras
22-04-2019 Maars Software International Ltd. &amp; Another Versus Union of India &amp; Others Supreme Court of India
16-04-2019 Hotel Theni International, Rep. by its Managing Director Vinod Mathew Versus The Assistant Commissioner(CT), Commercial Tax Department, Theni-II Before the Madurai Bench of Madras High Court
12-04-2019 Director Of Income Tax International Taxation Versus M/s. Schlumberger Asia Services Ltd. High Court of Uttarakhand
09-04-2019 Joseph Santhosh Kottarathil Alexander &amp; Others Versus The Superintendent of Customs (Aiu), Cochin International Airport, Nedumbassery, Kochi &amp; Others High Court of Kerala
02-04-2019 M/s. Zoom International, Rep. by its Proprietrix, V.N. Usha Versus The Commissioner of Customs &amp; Another High Court of Judicature at Madras
01-04-2019 Steel Authority of India Limited &amp; Another Versus International Commerce Limited &amp; Others High Court of Judicature at Calcutta