R.S.Sharma, J. (President) - (1.)THIS appeal is directed against the order dated 25.11.2013, passed by District Consumer Disputes Redressal Forum, Kabirdham/Kawardha (C.G.) (hence force called "District Forum") in Complaint Case No. 27/2013. By the impugned order, learned District Forum has allowed the complaint of the respondent No. 1 (complainant) and directed the appellant (O.P. No. 2) and respondent No. 2 (O.P.) jointly or severally to pay within period of a month of the order a sum of Rs. 15,640 as cost of the substandard quality of seeds along with interest @ 6% p.a. from 24.6.2011 till date of payment and also pay a sum of Rs. 2,000 towards appropriate compensation and Rs. 2,000 as cost of litigation to the respondent No. 1 (complainant). If the above amount is not paid by the OPs to the respondent No. 1 (complainant) within stipulated period, then the aforesaid would be payable along with interest @ 9% p.a. from the date of order, but interest on interest would not be payable and the interest would not be more than the principal amount. Briefly stated the facts of the case, as per pleadings are that on 3.5.2011, the respondent No. 1 (complainant) purchased 8 bags of soyabean seed at the cost of Rs. 7,360 and on 17.5.2011 purchased 9 bags of soyabean seeds from the respondent No. 2 (O.P. No. 1) at the cost of Rs. 8,280.. Thus, he paid total sum of Rs. 15,640 for purchasing the soyabean seeds. On 24.6.2011 the respondent No. 1 (complainant) had sown the said seeds in his field, but there was no germination in the said seeds, due to which the respondent No. 1 (complainant) suffered financial loss. The respondent No. 1 (complainant) demanded compensation in this regard from the OPs and also sent notices to them, but till date OPs have not paid any compensation to the respondent No. 1 (complainant) and thus committed deficiency in service. Therefore, the respondent No. 1 (complainant) filed consumer complaint before the District Forum against the OPs and prayed for granting reliefs as mentioned in the complaint.
(2.)THE respondent No. 2 (O.P. No. 1) was absent before the District Forum, therefore, their written statement, has not been filed. The matter was proceeded ex parte against the respondent No. 2 (O.P. No. 1).
The appellant (O.P. No. 2) filed written statement and specifically averred that the germination in the seed depends on various facts i.e. environment, affect of insecticides, etc. If these things are not suitable in that case the good crop cannot be obtained even the seed is of standard quality. The quality of the seeds can be tested in the laboratory. At the time of sowing of the seeds, heavy rain was occurred at the place of sowing which affect the germination of the seeds adversely. The seeds relating to the same lot, which was provided to the respondent No. 1 (complainant) has also been provided to other farmers, but no complaint has been received from them regarding less germination of the seed. It has also been told that the soyabean seed is very sensitive. If any negligence is committed regarding the agriculture work, then the seed is not germinated. The appellant (O.P. No. 2) pleaded that it has not committed any deficiency in service by saying that the above seed is of standard quality and requested for dismissal of the complaint with cost.

(3.)AFTER having considered the material placed before it by both the parties, learned Districted Forum has allowed the complaint of the respondent No. 1 (complainant) and directed the OPs to pay compensation jointly or severally, as mentioned in para 1 of this judgment.