M/S SHIV NARAYAN PERIWAL Vs. BHARAT KUMAR
LAWS(NCD)-2020-6-55
NCDRC
Decided on June 24,2020

M/S Shiv Narayan Periwal Appellant
VERSUS
BHARAT KUMAR Respondents




JUDGEMENT

V.K.Jain, J. - (1.) The complainants, who are farmers, purchased seeds of cotton bags from the petitioner and the said seeds were sown in their field admeasuring about 45 acres. The seeds had been manufactured by respondent No.7 and 8. The grievance of the complainants is that the seeds which they had sown in the field had not given the expected yield despite they having spent Rs.2,50,000/- on spray, irrigation and using fertilizers etc. Being aggrieved on account of the loss suffered by them, the seeds having not given the expected yield, the complainants approached the concerned District Forum by way of a consumer complaint.
(2.) The complaint was resisted by the petitioner as well as by the manufacturers. It was interalia stated in their reply that though the complainants might have purchased cotton seeds of RIL-1104 variety, they had not followed the requisite instructions and had not used the pesticides in prescribed quantity. It was also stated by them that the crop might have been affected due to pests and diseases. It was also stated that no report from an expert pathologist had been produced by the complainants.
(3.) The District Forum having allowed the consumer complaint and having directed the petitioner to pay a sum of Rs.8,19,000/- to the complainants alongwith interest @ 12% p.a. from the institution of the consumer complaint, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 30.8.2010 the State Commission partly allowed the appeal and held that the complainants shall be entitled to Rs.6,30,000/- but the liability to pay the said amount would be joint as well as several of the petitioner and respondents No.7 & 8. The cost awarded by the District Forum was upheld. The petitioner was held entitled to recover the said amount from the manufacturers of the seed. Being aggrieved from the order passed by the State Commission, the petitioner is before this Commission.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.