SHIV SHAKTI BIO PLANTAC LTD. Vs. RATTAN DEVI KHABAYA
LAWS(NCD)-2020-8-30
NCDRC
Decided on August 18,2020

Shiv Shakti Bio Plantac Ltd. Appellant
VERSUS
Rattan Devi Khabaya Respondents

JUDGEMENT

- (1.) The complainant who is the appellant in FA No.427 of 2013 and respondent in FA No.243 of 2013, is an agriculturist, engaged in agricultural activities in Village Pipal Pal, for earning her livelihood. The complainant purchased 500 plants of Akshay Amla from Shiv Shakti Bio Plantac Ltd., appellant in FA No.243 of 2013 and respondent in FA No.427 of 2013, paying a sum of Rs.39,850/-. She claims to have incurred expenditure of Rs.11,58,641/- on planting and other activities related thereto including wages for the labourers, cost of fertilizers, cost of electricity etc. According to the complainant, she was assured by the seller that each tree of amla will produce 100-150 kg of amla of best quality but, in the year 2007, it was found that the size of the amla fruit was very small and it did not have red colour. This according to the complainant happens in case of jangli plants of amla and not in case of plants of good quality. The fruits of jungli plants, according to the complainant, have no market value. The complainant therefore, approached the concerned State Commission by way of a Consumer Complaint seeking compensation quantified at Rs.50,00,000/- besides the cost incurred by her in planting etc.
(2.) The complaint was resisted by the appellant in FA No.243 of 2013, which admitted the sale of plants to the complainant but denied the allegations of the complainant. It was stated in the written version that small and red amla could be due to several reasons such as inadequate irrigation, non-digging of soil, non-cutting of amla trees, quantum of manure, temperature, climate etc.
(3.) The State Commission, vide impugned order dated 12.02.2013, directed the appellant in FA No.243 of 2013 namely Shiv Shakti Bio Plantac Ltd. to pay Rs.20 lacs as compensation to the complainant alongwith another sum of Rs.10,000/- each as compensation for the mental agony and cost of litigation. Being aggrieved from the order passed by the State Commission, both the parties are before this Commission.;


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