Decided on July 15,2004

K Anjaiah Appellant


- (1.) THE appellant in F. A. No.962/2002 is the complainant in C. D. No.312/2000 on the file of District Forum, Ranga Reddy District.
(2.) THE brief facts as set out in the complaint are that the complainant is an agriculturist and he purchased four packets of Carrot P. K. Seed of 250 grams in November, 1992 from sales counter of opposite party No.1 at Musheerabad and sowed the said seed in 3/4th of his land and saw that the growth and flowering of the carrot plant was good in February, 1993, there was not tubering. On 28.4.1994 he complained to the opposite party and also sent a representation to Assistant Director of Horticulture. The said officer inspected his field and submitted his report on 13.5.1993 wherein he stated that there was no development of carrot tuber and the same as remained root like in the soil and that except flowering there is no formation of tuber for which the reason can be late planting or non -adaptability of the variety to the climatic conditions. The complainant further submits that opposite party clarified that the best season for sowing this seed is August to November and the complainant delayed sowing of this seed by one month and sowed the same in December, due to which he got a bad crop.
(3.) ONCE again the complainant purchased 2 kgs. of carrot seed for Rs.140/ - from opposite party office on 8.10.1993 and sowed the same in Ac.1 of his land. Second time also there was no tuberisation though there was growth in the plants and once again the complainant made a representation to the opposite party officers seeking clarification. The officers visited and suggested certain manures and after applying manure he represented to opposite party and the opposite party gave a formal reply on 22.2.1994 that there was no defect in the seed and that the said seed must be sowed in the month of August itself which is inconsistent with their own statement that the said seed must be used during August and November vide their letter dated 28.6.1993. The complainant submits that the yield of October varies from 20,000 to 30,000 kgs. per hector and the average yield of carrot crop would be 10,000 kgs. per hector and since he raised the variety in 3/4th acre the loss of crop is 7,500 kgs. and taking the market rate into consideration at Rs.2.70 ps. loss amounts to Rs.20,625/ - and similarly for the second season the loss of crop for 1 acres is 15,000 kgs. and the market rate at Rs.3.70 ps. per kg. the loss comes to Rs.56,250/ - and since the opposite party has provided defective seeds leading to the losses, he claimed a sum of Rs.61,775/ -. The opposite party filed a counter stating that the complainant is not a 'consumer' since he raised the carrot crop for commercial purpose and that the said seeds sold by the Corporation are subjected to test by recognized laboratory and that proper care and attention was not taken at appropriate stages and, therefore, the complainant could not achieve expected results. Opposite party submits that the complainant ought not to have sowed the carrot seed in December, 1993 and the said seed has to be sown in August only in this region. The opposite party also contended that the said seed was not sent for testing to any laboratory. Opposite party also denies the allegation that for the second time the complainant faced the same problem of non -tuberisation and said that they did not receive any complaint to this effect. Opposite party further submits that they are not liable to pay any compensation since the yield depends on variety of facts such as water, manuring, climatic conditions, etc. and loss of crop, if any, is not due to the defective seeds supplied by them.;

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