T.NAGAIAH Vs. M/S. JAIN IRRIGATION SYSTEMS PVT. LTD.
LAWS(NCD)-2020-8-38
NCDRC
Decided on August 17,2020

T.Nagaiah Appellant
VERSUS
M/S. Jain Irrigation Systems Pvt. Ltd. Respondents

JUDGEMENT

- (1.) This appeal has been filed by the appellant T. Nagaiah challenging the order dated 02.01.2014 passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh, (in short 'the State Commission') in CD No.04 of 2004.
(2.) The brief facts of the case are that the appellant/complainant entered into a joint farming agreement with some other farmers dated 12.03.1998 for taking up annatto crop in 70 acres of land of these farmers including 8 acres of the complainant and 10 acres land of wife of the complainant. For the project, the complainant was authorised by other farmers by way of General Power of Attorney to pursue all the matters for the implementation of the project. The appellant approached the respondent no.2, Pioneer Drip System Ltd. They installed the drip irrigation system manufactured by respondent no. 1, Jain Irrigation Pvt. Ltd. in the total area of about 70 acres in November- December 1998. In the year 2003, it was noted by the complainant that certain pipes of the drip irrigation system developed cracks and water got leaked and consequently the crop died due to shortage of water. The complainant then filed a consumer complaint before the State Commission. The complaint was resisted by the opposite parties by filing the written statement. The objections were raised in respect of General Power of Attorney in favour of the complainant and on the maintainability of the complaint. The State commission vide its order dated 13.03.2007 allowed the complaint and directed respondent No.1/manufacturer to pay Rs.26,25,000/- @ Rs.75,000/- per acre for 35 acres. Aggrieved by this order, respondent No.1 preferred an appeal no.392 of 2007 before this Commission and this Commission remanded the matter to the State Commission vide its order dated 16.10.2012 for deciding the complaint afresh after providing both the parties to lead evidence in their support. The State Commission has now dismissed the complaint vide its order dated 02.01.2014.
(3.) Hence the present appeal.;


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