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



Yankappa v/s M/s. Aruna Agro Agencies Rept. By its Proprietor & Others


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- V V A AGENCIES PRIVATE LIMITED [Active] CIN = U67190TN1995PTC031152

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- C V AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL1987PTC027178

Company & Directors' Information:- K H T AGENCIES PRIVATE LIMITED [Active] CIN = U51909KA1990PTC010744

Company & Directors' Information:- P C R L AGENCIES PRIVATE LIMITED [Active] CIN = U65991WB1996PTC081326

Company & Directors' Information:- S R B AGENCIES PVT LTD [Active] CIN = U63090WB1988PTC044096

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- C AND A AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL2001PTC109761

Company & Directors' Information:- A & T AGENCIES PRIVATE LIMITED [Active] CIN = U51909DL2009PTC188642

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- B L AGENCIES PRIVATE LIMITED [Active] CIN = U74140MP2009PTC022728

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- J J AGENCIES PVT LTD [Amalgamated] CIN = U51101TN1984PTC062364

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- R K AGENCIES PRIVATE LIMITED [Active] CIN = U65921WB1967PTC027084

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- I K AGENCIES PVT LTD [Active] CIN = U13209WB1952PTC020229

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- D. C. AGENCIES PRIVATE LIMITED [Active] CIN = U74999DL2016PTC304376

Company & Directors' Information:- L K AGENCIES PRIVATE LIMITED [Strike Off] CIN = U24119WB1997PTC085135

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- G J AGENCIES PVT LTD [Active] CIN = U51109WB1991PTC052043

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- N. R. AGENCIES PRIVATE LIMITED [Active] CIN = U65910UP1994PTC016322

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- J M J AGENCIES PRIVATE LIMITED [Active] CIN = U51109KL1996PTC009930

Company & Directors' Information:- J B A AGENCIES PRIVATE LIMITED [Active] CIN = U55101DL2006PTC148202

Company & Directors' Information:- A P R AGENCIES PRIVATE LIMITED [Amalgamated] CIN = U74120DL2000PTC107363

Company & Directors' Information:- S R B AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109DL1992PTC050105

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- N N AGENCIES PRIVATE LIMITED [Active] CIN = U18101DL1999PTC101803

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- S R J AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909DL1995PTC072463

Company & Directors' Information:- C P AGENCIES PVT LTD [Strike Off] CIN = U51900MH1982PTC027553

Company & Directors' Information:- M I AGENCIES PRIVATE LIMITED [Active] CIN = U51909WB2006PTC111379

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- B B AGENCIES PVT LTD [Active] CIN = U51109WB1991PTC051042

Company & Directors' Information:- D. J. AGENCIES PRIVATE LIMITED [Active] CIN = U51900TN2008PTC067211

Company & Directors' Information:- R G E AGENCIES PRIVATE LIMITED [Active] CIN = U00350UP1990PTC075934

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- P L AGENCIES PRIVATE LIMITED [Active] CIN = U50100HR1990PTC030793

Company & Directors' Information:- M B AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC028303

Company & Directors' Information:- S R AGENCIES PRIVATE LIMITED [Active] CIN = U51311TZ1993PTC004684

Company & Directors' Information:- S K S AGENCIES LIMITED [Active] CIN = U51900TZ2011PLC016844

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- G M C AGENCIES PVT LTD [Strike Off] CIN = U34102WB1984PTC037193

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- A L B AGENCIES PVT LTD [Strike Off] CIN = U51909DL1974PTC007574

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- K B AGENCIES PVT LTD [Active] CIN = U51209MH1981PTC025176

Company & Directors' Information:- J D AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109UP2001PTC026118

Company & Directors' Information:- M J AGENCIES PVT LTD [Strike Off] CIN = U51498WB1993PTC060940

Company & Directors' Information:- H & A AGENCIES PRIVATE LIMITED [Active] CIN = U74999DL2016PTC289499

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- T S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U28991WB1956PTC023146

Company & Directors' Information:- R. S. AGENCIES PRIVATE LIMITED [Converted to LLP] CIN = U51909WB2010PTC140902

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- S. S. V. AGENCIES PRIVATE LIMITED [Active] CIN = U51909WB2008PTC128302

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- F I C AGENCIES PVT LTD [Active] CIN = U51109KL1968PTC002164

Company & Directors' Information:- U. K. T. AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL1989PTC034659

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- E K AGENCIES PVT LTD [Strike Off] CIN = U52342OR1994PTC003777

Company & Directors' Information:- K S T AGENCIES PRIVATE LIMITED [Active] CIN = U74899DL1992PTC050565

Company & Directors' Information:- A B M AGENCIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U51399TN2004PTC054301

Company & Directors' Information:- R A AGENCIES PRIVATE LIMITED [Active] CIN = U51310MH2001PTC130448

Company & Directors' Information:- P N R AGENCIES PVT LTD [Active] CIN = U51109WB2005PTC106271

Company & Directors' Information:- K K AGENCIES PVT LTD [Strike Off] CIN = U36992WB1976PTC030699

Company & Directors' Information:- D V S AGENCIES PVT LTD [Active] CIN = U00000DL1983PTC016402

Company & Directors' Information:- D AND S AGENCIES PRIVATE LIMITED [Under Process of Striking Off] CIN = U51109DL1993PTC052016

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- D S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74120GJ2015PTC083422

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- R A AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909MH1997PTC110053

Company & Directors' Information:- G S C AGENCIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1992PTC049001

Company & Directors' Information:- M R AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909GJ1960PTC000959

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- P. D. AGENCIES PRIVATE LIMITED [Strike Off] CIN = U74899DL1993PTC055259

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- G M AGENCIES PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076202

Company & Directors' Information:- P S S AGENCIES PVT LTD [Strike Off] CIN = U51909DL1988PTC032598

Company & Directors' Information:- M M AGENCIES PRIVATE LIMITED [Active] CIN = U20299KA1977PTC003257

Company & Directors' Information:- B R AGENCIES PRIVATE LIMITED [Active] CIN = U74140GJ1989PTC011998

Company & Directors' Information:- E G AGENCIES PRIVATE LIMITED [Active] CIN = U51109WB1998PTC087248

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- J. M. D. AGENCIES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC134884

Company & Directors' Information:- S K AGENCIES PRIVATE LIMITED [Active] CIN = U51909GJ1988PTC011354

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- R. B. AGENCIES PRIVATE LIMITED [Active] CIN = U74991UP2006PTC032620

Company & Directors' Information:- P R AGENCIES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U51494MH2001PTC132847

Company & Directors' Information:- T AND G AGENCIES PVT LTD [Strike Off] CIN = U51109DL2000PTC107048

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- A F AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51900MH1976PTC018979

Company & Directors' Information:- M C S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U63090MH2002PTC134911

Company & Directors' Information:- S D AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909CH2012PTC033796

Company & Directors' Information:- G S AGENCIES PVT LTD [Strike Off] CIN = U74899DL1981PTC011493

Company & Directors' Information:- M M K AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51490DL1990PTC041776

Company & Directors' Information:- S S R K AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51909DL2004PTC125313

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- A R S AGENCIES PRIVATE LIMITED [Active] CIN = U51109BR2005PTC011228

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- V V I AGRO PRIVATE LIMITED [Active] CIN = U01100DL2021PTC381324

Company & Directors' Information:- AGENCIES PVT LTD [Dissolved] CIN = U74900KL1943PTC000048

Company & Directors' Information:- M C AGENCIES PVT LTD [Strike Off] CIN = U51226KL1990PTC005655

Company & Directors' Information:- G B AGENCIES PVT LTD [Strike Off] CIN = U51109WB1990PTC048136

Company & Directors' Information:- G. A. AGENCIES PRIVATE LIMITED [Strike Off] CIN = U51109JK1986PTC000852

Company & Directors' Information:- A B S AGENCIES PRIVATE LIMITED [Strike Off] CIN = U70200DL1987PTC027234

Company & Directors' Information:- G AND V AGENCIES PRIVATE LIMITED [Strike Off] CIN = U65929DL1965PTC004446

Company & Directors' Information:- S P N AGENCIES PRIVATE LIMITED [Strike Off] CIN = U99999DL1995PTC068227

Company & Directors' Information:- ARUNA AND CO INDIA PVT LTD [Strike Off] CIN = U51109WB1955PTC022682

Company & Directors' Information:- R S E AGENCIES PVT LTD [Strike Off] CIN = U51909DL1976PTC008040

Company & Directors' Information:- T T AGENCIES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006617

Company & Directors' Information:- B K B AGRO AGENCIES PRIVATE LIMITED [Strike Off] CIN = U01117TZ1974PTC000695

Company & Directors' Information:- J N K AGENCIES LTD [Strike Off] CIN = U51109TN1996PLC021765

Company & Directors' Information:- D R AGENCIES PVT LTD [Strike Off] CIN = U51109WB1948PTC016264

Company & Directors' Information:- D L M AGENCIES PVT LTD [Strike Off] CIN = U51420WB1954PTC021631

Company & Directors' Information:- ARUNA PVT LTD [Strike Off] CIN = U45209WB1977PTC030927

Company & Directors' Information:- AGENCIES (INDIA) LIMITED [Dissolved] CIN = U99999MH1946PTC005200

Company & Directors' Information:- AGENCIES LIMITED [Strike Off] CIN = U99999MH1948PLC006144

    First Appeal No. 732 to 751 of 2016

    Decided On, 17 June 2021

    At, Karnataka State Consumer Disputes Redressal Commission Bangalore

    By, THE HONOURABLE MR. RAVISHANKAR
    By, JUDICIAL MEMBER & THE HONOURABLE MRS. SUNITA CHANNABASAPPA BAGEWADI
    By, MEMBER

    For the Appellant: M/s. Naajre Law Chambers, Advocates. For the Respondents: N.M. Srinivasa Murthy, Advocate.



Judgment Text

Common Order: (Ravishankar, Judicial Member)The appeal Nos.1654/2014 to 1678/2014 are filed by the appellant/Opposite Parties and the appeal Nos.732/2016 to 751/2016 are filed by the respondents/complainants being aggrieved by the order passed by the Bellary District Consumer Commission.2. The subject matter involved in the above appeals are same. The Opposite Parties in appeal Nos.732/2016 to 751/2016 who were the appellants in appeal Nos.1654/2014 to 1678/2014 are same. The appeal Nos.1654/2014 to 1678/2014 are filed by the appellant/Opposite Parties to set-aside the impugned order and the appeal Nos.732/2016 to 751/2016 are filed by the respondent/complainants to enhance the compensation awarded by the District Commission under the impugned order. Hence, for the sake of convenience, all these appeals are taken up together to pass a common order.3. For the sake of convenience the parties herein are referred to by their respective rank as arrayed before the District Commission.4. The brief facts of the complaint are as under:-The complainants are the farmers who have purchased Nidhi Kranthi 999 hybrid sun flower seeds from Opposite Party No.1 which was manufactured by Opposite Party No.2 and sowed the seeds in their respective lands after proper tilling with adequate place between each plant and managed the crop under the guidelines of Agricultural Department and that the climatic conditions were suitable for sun flower crop. Apart from that, the agencies/Opposite Party No.1 also assured the complainants at the time of purchase of the seeds that the seeds were very good quality and would yield about 10-12 quintals per acre. Accordingly, the complainants took all care to cultivate the land by putting proper pesticides as and when required as per the instructions given by the first appellant. After sowing, the complainants observed that there was no proper growth of sun flower plants. Immediately, they intimated the same to the 1st appellant/Opposite Party No.1, but the 1st appellant/Opposite Party No.1 did not care to respond to the complainants. Thereafter, the complainants have given a letter to the Agricultural Officer, Sandur to visit the lands and inspect the growth of seeds. Accordingly, the Agricultural Officer, Sandur visited the land and inspected the yield and intimated that there is a failure of crop due to poor germination of seeds sold by 1st appellant/Opposite Party No.1. The complainant also intimated the Gram Panchayath Members and accordingly, the Gram Panchayath members have made panchanama about the defective sun flower seeds. The Agricultural Officer has also intimated the University of Agricultural Science, Raichur, Agricultural research station Hagari and they visited the Madapura and Hosa Dharoji Village and after inspecting, they gave a report to Director of Research, University of Agricultural Sciences Raichur who in turn wrote a letter to the Joint Director of Agriculture Bellary and in the letter it is very much clearly mentioned that the sun flower seeds did not yield properly. Hence, there is a crop failure due to poor quality of sun flower seeds. After knowing all these facts, the complainant issued a legal notice to Opposite Party Nos. 1 & 2 to pay a compensation for the loss suffered by them alleging deficiency in service. After receipt of the legal notice, the Opposite Parties have not settled the claim. Subsequently, the complainants filed the complaints before the District Commission, Bellary claiming compensation for loss of crop.5. After service of notice, the Opposite Parties in all the complaints have appeared through their counsel and filed the version and took a contention that the complaints filed are motivated misconceived and the complainants have not approached the District Commission with clean hands and hence prays for dismissal of the complaints. The Opposite Party No.1 is further contended that the 2nd Opposite Party is an agricultural professionalist having good name and fame throughout south India having master degree in genetics and plant breeding. The research hybrid seeds were being tested and recognized by the reputed Agricultural Universities, Hyderabad and the University of Agricultural Science Dharwad. They are supplying the sun flower Hybrid-Kranthi-999 seeds in Bellary District for the last several years successfully. The sun flower is a short duration crop which fits into any cropping rotation patterns and grows well in variety of soils. It is grown with very less water photo insensitive crop and sowing time should be adjusted by the farmers. The crop comes to flowering at a moderate minimum and maximum temperatures to get maximum percentage seed set resulting in higher seed yield. The sun flower crop flowers will come between 62-70 days and would end in 110 days duration after sowing. The seed setting can be observed after 75 days of sowing. Fungal diseases like powdery mildew, Alternaria also play a vital role in reducing leaf area index (LAI), hence less percentage of seed set.6. The Opposite Party further contended that the complainants have purchased the seeds in the month of November – 2012 and sowed at the beginning of the December. The Opposite Party further contended that the Agriculture Department can refer the leaf samples to analyze through D.N.A.finger printing technique, which is ultimate to analyze any genetic variation. If the samples in question are not up-to the mark or standard, then the agricultural department may ask the company to explain and do compensate the losses to the extent of difference by estimating the yields of 3 previous years in a particular Taluk. But they have neither informed nor was made a party in the study of the complaint at the new Dharoji and Madapura Villages. After receipt of the complaint they have deputed representatives to inspect the crop at new Dharoji and Madapura Villages along with dealers, who in-turn visited the sun flower fields and found that early sown plots are quite good and at physiological maturity stage and ready for harvesting with good yielding and they observed that the seeds were being attacked by powdery mildew which reduces photosynthesis and as such food material is sufficient up-to 40-60% seed filling the rest seed may turn illfilled/chuffy seeds, most of the farmers stopped the water supply to the fields by seeing drizzling of rain which wetted only flowers and leaves but not irrigated the soil resulting in pollen wash out and desiccation and the same led to reduce seed set in some fields which co-incide with low temperature during first week of January to 16th of February 2013.6(a) The Opposite Parties further contended that the report given by University of Agricultural Sciences Raichur and Agricultural Research Station Hagari clearly shows that they visited 15 fields which were affected seed set percentage in a random but not all the fields of sun flower crop in the said villages. The report is not based on the scientific methods, as required to be followed only due to the fault of the complainant in late sowing of seeds drizzling of rain in flowering season, not giving sufficient water and attacking of powdery mildew to the crop the yield was reduced and not due to the fault of the seeds. Hence, prays for dismissal of the complaints.7. After trial, the District Commission allowed the complaints. Being aggrieved by the said order the appellant/Opposite Parties are in appeals.8. The complainants are also filed the appeal Nos.732-750/2016 against the same order being not satisfied with the award passed by the District Commission. They stated in the memorandum of appeal that they have suffered a loss to the tune of 40-60% and at the time of their yield, the market value is Rs.5,000/- per acre. Hence, prays to enhance the compensation awarded by the District Commission.9. We have heard the arguments from both sides.10. On going through the memorandum of appeal in the above appeals and certified copy of the each complaints, it is an admitted fact that the sun flower which grown by the complainants have not given yield 100%. In this regard, the report produced by the complainants which was given by the University of Agricultural Sciences, Raichur Agricultural Research Station, Hagari has categorically established that there is a loss of yield to the tune of 30-40%. The complainants have alleged that the said loss was due to the defect in the seeds which were not germinated properly in spite of providing sufficient manure, fertilizers and supervising, whereas the appellants in appeal Nos.1654-1678/2014 submit that the complainants have purchased the seeds in the month of December 1st week. In fact the weeds were to be sowed in the month of October, whereas they have overwritten the bill to reflect as it they purchased in the month of October and sowed within time.11. The learned counsel for appellants in appeal Nos.1654-1678/2014 vehemently argued that the complainants have not supervised the sun flower crop. The said sun flower crop will come between 62-70 days after sowing and the seed setting can be observed after 75 days of the sowing, whereas in these complaints, the seeds were attacked by fungal diseases like powdery mildew. The said fungal diseases attacked to the crop due to non supply of water to the plants and weather condition and they have not sold defective seeds to the complainants. Hence, submits to set-aside the order passed by the District Commission in the all the complaints.12. Anyhow it is admitted that the loss to the tune of 30-40% was caused to the farmers. The report has categorically mentioned the loss is not only due to powdery mildew, but also due to lack of seed setting to an extent of 30-40% and gave an opinion which reduced yield the said lack of seed setting to the extent of 30-40% which may reduced the yield levels. Hence, considering the said opinion given by the University of Agricultural Sciences, Raichur Agricultural Research Station, Hagari, the District Commission has rightly awarded the compensation to each farmers to be payable by the Opposite Parties. Hence, we found no merits in the appeal Nos.1654-1678/2014. Accordingly, the said appeals are liable to be dismissed.13. Further, the complainants also preferred the appeal Nos.732-751/2016 for enhancement of the compensation and submits that they have suffered loss to the tune of Rs.8,000/- per quintal an

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d accordingly they are entitled to get Rs.64,000/- per acre as per the certificate given by the Village Accountant. The said claim for enhancement of the compensation cannot be accepted, because the complainants have failed to assess the exact loss suffered by them. It is only approximate loss assessed by the University of Agricultural Sciences, Raichur Agricultural Research Station, Hagari. Hence, the District Commission has rightly awarded a compensation to be payable by the Opposite Parties. Hence, the appeal Nos.732-751/2016 are also liable to be dismissed. Accordingly, we proceed to pass the following:- :ORDER:The appeal Nos.1654-1678/2014 and appeal Nos.732-751/2016 are dismissed. No costs.The amount if any deposited in the appeal Nos.1654/2014 to 1678/2014 shall be transmitted to the concerned District Commission to pay the same to the respective respondent/complainant.The original of this order shall be kept in appeal No.1654/2014 and a copy thereof shall be kept in other connected appeals.Return the LCR if called to the concerned District Commission.Send a copy of this order to both parties as well as concerned District Commission.
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