Decided on December 14,2006

J K Enterprises Appellant
HANS RAJ Respondents


- (1.)THIS appeal has been directed by the opposite party No. 1 against order dated 29.5.2000 passed by Consumer Disputes Redressal Forum, Hisar (hereinafter to be referred as District Consumer Forum), vide which complaint of respondent No. 1 (complainant) was accepted with costs of Rs. 1100 and he was awarded compensation of Rs. 1,50,000 in all (Rs. 1,44,000 + Rs. 6,000) against the appellant and respondent No. 2 who were directed to pay the amount jointly and severally.
(2.)BRIEFLY stated the facts are that respondent No.1 Hans Raj (complainant) purchased three litres of monocil in three bottles from the appellant against payment of Rs. 795 as per receipt No. 334 dated 9.8.1997. He sprayed the monocil in his nine acres of cotton crop on 15/16.8.1997 as advised by the appellant and as per literature of the respondent No. 2 (manufacturing company). However, on the next day of spraying the monocil, the cotton crop was fully damaged. It was on account of the fact that appellant had supplied spurious insecticide and he suffered a loss of Rs. 2.00 lakh on account of damage to the crop. He approached the appellant several times but it refused to listen him.
(3.)ALLEGING deficiency in service, the complaint was filed.
The appellant and respondent No. 2 appeared but the appellant did not file any written reply. However, respondent No. 2 filed written reply. It stated that the appellant was not its dealer or sub -dealer and further the respondent No. 1 (complainant) had purchased only mono which was manufactured by thousands of companies and the bill did not show the name of manufacturer, batch number, date of manufacturing and date of expiry, therefore, it could not be said that mono so purchased by respondent No. 1 was manufactured by respondent No. 2 . In fact the appellant had purchased misbranded material from Delhi and supplied to the customers. It next stated that there was no deficiency on its part so, complaint should be dismissed.

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