MANAGING DIRECTOR, A.P.STATE SEEDS DEVELOPMENT CORPN. Vs. GANGI REDDY CHENNAKRISHNA REDDY
LAWS(APCDRC)-2003-3-10
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 24,2003

Managing Director, A.P.State Seeds Development Corpn. Appellant
VERSUS
GANGI REDDY CHENNAKRISHNA REDDY Respondents

JUDGEMENT

C.P.SURESH,MEMBER - (1.) THE unsuccessful first opposite party in CD. No. 234/1998 on the file of District Consumer Forum, Cuddapah, is the appellant in F.A. No. 637/1999. The appellants in F.A. No. 643/1999 are the complainants, who are dissatisfied with the amount awarded by the District Forum towards compensation.
(2.) THE facts in brief are complainants 1 to 3 own AC.2.75 Cents, AC. 2.50 cents and AC 2.50 cents respectively. They purchased groundnut seeds of 6.5 and 5 bags respectively at subsidised rates manufactured by the first opposite party, from opposite parties 2 and 3 and sowed them in their respective fields after manuring their lands with oil cakes etc. The germination was very low and it was almost a failure. The local Agricultural Officer, who inspected the fields, issued a certificate with regard to the germination and also sent the samples of the seeds taken from the godown of opposite party No. 2 for analysis to the Asstt. Director of Agricultural, (Seed Testing), Rajendranagar, Hyderabad, who opined through his report Ex. A -10 that JL 24 and TMV2 varieties of groundnut seeds are substandard. The complainants alleged that had the crop been fruitful, it would have yielded 15 bags per acre, and they would have earned Rs. 23,300/ -, Rs. 22,850/ - and Rs. 22,850/ - respectively and approached the District Forum for appropriate reliefs.
(3.) THE first opposite party filed its written version stating that there is no evidence to show that these seeds were manufactured by them, and that the seeds would have been damaged while decarticating by human labour or by machines which would effect the germination and that the complainants have not followed the procedure under the Seeds Act. The second respondent (opposite party) filed its written version stating that he is the sole distributor of the seeds manufactured by the first opposite party and the third opposite party is a dealer, and that the manufacturer of seeds, opposite party No. 1, supplied the seeds in air tight sealed packets, which in their turn sold them to the complainant. Basing on these pleadings and the evidence adduced, the District Forum framed appropriate points for consideration and allowed the complaint, but held that each acre of crop would have yielded only ten bags of groundnuts and awarded compensation at the rate of Rs. 300/ - per bag. Thus the complainants 1 to 3 were awarded Rs. 7,500/ -, Rs. 7,500/ -, Rs. 7,500 respectively with interest at 12 per cent per annum from 11.8.1999 till realisation.;


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