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Sri Biotech Laboratories India Limited v/s Angothu Babu & Others

    F.A. Nos. 581, 582, 583 of 2014 Against CC Nos. 300, 307, 310 of 2011

    Decided On, 19 January 2018

    At, Telangana State Consumer Disputes Redressal Commission Hyderabad

    By, THE HONOURABLE MR. JUSTICE B.N. RAO NALLA
    By, PRESIDENT & THE HONOURABLE MR. PATIL VITHAL RAO
    By, JUDICIAL MEMBER

    For the Appellant: M/s. A. Raghavaiah, Advocate. For the Respondents: R1, M/s. V. Gourisankara Rao, R2, In person.



Judgment Text

Oral Order: (B.N. Rao Nalla, President)

1) These appeals are filed under Section 15 of the Consumer Protection Act by the 2nd opposite party praying this Commission to set aside the impugned orders dated 17.05.2013 made in CC 300 of 2011, CC 307 of 2011 and CC 310 of 2011 on the file of the DISTRICT FORUM, Warangal. Since the facts of all the above three appeals are similar, opposite parties are also same and hence we are inclined to dispose of the same by common order.

2) For the sake of convenience, the parties are described as arrayed in the complaint before the District Forum.

3). The case of the complainant in CC 300 of 2011, in brief, is that he purchased Sri Teja (SBCHH-2862) f1 Hybrid Chilli Seeds of 5 packets @10 grams each pouch for Rs.1175/- vide bill no. 70 dated 09.07.2010 from first opposite party and sowed the said seeds in AC.1.15 guntas of land and taken all precautionary measures. But there is no proper flowering and fruit was ripen, the fruit turned into red colour and the size was also not normal and most of the fruits have been fallen, as such, the yield was nil. The Horticulture University officers inspected the fields and given report on 02.12.2010 stating that there is 30% admixture in the crop and opined that there will be reduction of yields. If the crop is normal, he would have got a minimum yield of 30 quintals per acre and hence he sustained crop loss at Rs.3,00,000/- due to impurity and substandard seeds supplied by the opposite parties. He along with other farmers got issued legal notice on 17.02.2011 to both the opposite parties but did not receive any reply from them. The acts of opposite parties amount to deficiency in service. Hence the complaint to direct the opposite parties to pay Rs.50,000/- towards loss of crop along with costs with 24% pa future interest till realization of the same from the date of filing of the complaint and to award costs of the complaint.

4) In CC 307 of 2011, the complainant purchased Sri Teja (SBCHH-2862) f1 Hybrid Chilli Seeds of 12 packets @10 grams each pouch for Rs.2760/- vide bill no. 44 dated 26.06.2010 from first opposite party and sowed the said seeds in AC.1.20 guntas of land and prayed to direct the opposite parties to pay Rs.1,20,000/- towards loss of crop along with costs with 24% pa future interest till realization of the same from the date of filing of the complaint and to award costs of the complaint and all the remaining facts are similar as in CC 300 of 2014.

5) In CC 310 of 2011, the complainant purchased Sri Teja (SBCHH-2862) f1 Hybrid Chilli Seeds of 8 packets @10 grams each pouch for Rs.1840/- vide bill no. 96 dated 01.07.2010 from first opposite party and sowed the said seeds in AC.1.32 guntas of land and prayed to direct the opposite parties to pay Rs.80,000/- towards loss of crop along with costs with 24% pa future interest till realization of the same from the date of filing of the complaint and to award costs of the complaint.

6) Notices issued to the opposite parties by the District Forum were returned un-served and there was no representation for the substituted service by way of paper publication and hence the opposite parties were set exparte.

7) During the course of enquiry before the District Forum, in order to prove his case, the complainants filed their respective evidence affidavits and got marked Ex.A1 to A-7 in CC 300 of 2011, Ex. A1 to A5 in CC 307 of 2011 and Ex.A1 to A1 to A5 in CC 310 of 2011,. Heard the counsel for the complainants.

8) The District Forum, after considering the material available on record, held and directed the opposite parties jointly and severally liable to pay a sum of 50,000/- along with interest @7.5% pa from the date of complaint, i.e., 31.05.2011 till the date of realization and Rs.2,000/- towards costs in CC 300/2014, Rs,1,20,000/- along with interest @7.5% pa from the date of complaint, i.e., 31.05.2011 till the date of realization and Rs.2,000/- towards costs and Rs.2,000/- towards costs in CC 307/2011 and Rs.80,000/- along with interest @7.5% pa from the date of complaint, i.e., 31.05.2011 till the date of realization and Rs.2,000/- towards costs in CC 310/2011 within one month.

9) Aggrieved by the said orders, the 1st opposite party preferred the above appeals before this Commission.

10). No representation for the appellants since a long time. Heard the counsel for the first respondents/complainants and they filed written arguments.

11) The points that arise for consideration are,

(i) Whether the impugned orders as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner?

(ii) To what relief ?

12). Point No. 1 :

There is no dispute that the first respondent/complainant in the above complaints purchased Sri Teja (SBCHH-2862) f1 Hybrid Seeds from the appellant/ first opposite party and sowed the same in their respective lands. The contention of the first respondent/complainant, in each case, is that there is no proper flowering and fruit is ripen normally, the fruit turned into red colour and the size was also not normal and most of the fruits have been fallen, as such, the yield was NIL and on their complaints, the Agricultural officers inspected their respective fields and given report on 02.12.2010 and opined that there is 30% admixture in the crop and there will be reduction of yields. They further contend that if the crop is normal, the first respondents/complainants could have get a minimum yield of 30 quintals per acre. The committee consists of Agricultural Scientists and Horticultural officers in its report vide Ex.A3 observed that due to continuous rains in some of the fields of Modugadda Thanda stunted growth and twig drying was observed and in most of the fields flowering and fruiting was noticed. Further observed that, in the fields of Sri Bhuke Lalu ( 2.5 acres) and Sri Bhanuthu Virendra (2.0 Acres) of Modugadda Thanda of Dornakallu Mandal and Sri Malath Sandya (2.0 Acres) of Reddyala Somala Thanda of Mahaboobabad mandal who raised Sri Teja of Sri Bio Tech Seeds as per their version, 30% admixtures were noticed and hence there might be a chance for reduction of yields. It is further observed that , ‘ in the fields of sri Bukkekhamla (4.0 acres) and Sri Bhukkesomia (3.0 acres), Sri Bhukke Sanghya (3.0 acres), sri Bhuykeelalu (2.0 Acres ) Sri Bhukke Lakka (1.0 Acre) and Bukke … of Pilligundla Thanda of Kurivi mandal who raised Tejaswini of Mahyco seeds as per their version, 30% admixtures were noticed and hence there might be a chance for reduction of yields. It further observed that the hybrids under observation were private hybrids and the concerned breeders of the companies were not available during the inspection to ascertain the information of the said hybrids and the team was not provided with the descriptors of the said hybrids on the day of inspection, , i.e., on 2.12.2010. from the above inspection report it is to be inferred that the seeds consist of 30% admixtures and hence there might be a chance for reduction of yields.

13). Ex.A7 letter from the Assistant Director of Marketing, Warangal reveals that the Maximum price per quintal of Chillies for the year 2010-11 was Rs.12,750/- and for the year 2011-12 it was Rs.8869/-. Despite legal notices, the appellant/2nd opposite party and the second respondent/first opposite party did not choose to give any reply. But there is no proof that the yield would be 30 quintals per acre and what is the quantum of yield that the first respondents/ complainants obtained. It is not the case of the appellant/1st opposite party that report of the Agricultural officer is false. It is not the case of the appellant/1st opposite party that the average yield of 30 quintals per acre is incorrect. The address of the appellant in the complaint before the District Forum and in the appeal is one and the same and the question of change of address does not arise and it infers that the appellant/1st opposite party intentionally avoided in receiving the notices from the District Forum and contests the matters. The appellant did not contradict that they did not supply the seeds in question. The appellant did not pr

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ovide sample seeds to send the same to the laboratory to prove that the seeds in question are genuine. In the absence of proof of expected yield, the District Forum passed the impugned orders on the basis of the facts and circumstances. 14). After considering the foregoing facts and circumstances and also having regard to the contentions raised on both sides, this Commission is of the view that there are no infirmities or irregularities in the impugned orders . There are no merits in the appeals and hence they are liable to be dismissed. 15). Point No. 2 : In the result, all the above three appeals, i.e., FA 581 of 2014, FA 582 of 2014 and FA 583 of 2014 are dismissed confirming the respective impugned orders dated 17.05.2013 in CC 300 of 2011, CC 307 of 2011 and CC 310 of 2011 passed by the District Forum, Warangal. There shall be no order as to costs. Time for compliance four weeks.
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