SURESH Vs. M/S. SHYAM BEEJ BHANDAR
LAWS(NCD)-2021-3-19
NCDRC
Decided on March 19,2021

SURESH Appellant
VERSUS
M/S. Shyam Beej Bhandar Respondents

JUDGEMENT

DEEPA SHARMA, PRESIDING MEMBER, J. - (1.) Vide this order I propose to dispose of the above-mentioned Revision Petitions since the common questions of law and facts are involved in all these Revision Petitions. These Revisions Petitions are arising out of the common order of the State Commission dated 04.04.2019. Vide the impugned order the State Commission had set aside the order of the District Forum dated 28.08.2018 and dismissed all the Complaints. Aggrieved by the order present Revision Petitions have been filed.
(2.) The brief facts of the case are that the Petitioners (hereinafter called the 'farmers') are farmers by profession and had been toiling the agricultural land since long. They had purchased groundnut seeds of the quality Tag 37A from the Respondent. Their contention was that the Respondents had at the time of purchase of the seeds, assured them that the seeds were of superior quality and the crops will completely ripe within 100-110 days. They had also alleged that after sowing the seeds they had applied the pesticides and took proper care but when they noticed that the seeds have not developed even after 100 days. They all then filed a joint complaint before Collector, Alwar. A Committee of the officers of the Agriculture Department was formed and the inspection of the crops was done. The Committee, in its report, had concluded that out of the seeds sowed 8 to 10% of the produce were found to be of some other species and the plants which had grown out of the seeds of TAG 37A all the pods had not developed fully which concluded deficiency on the part of the Respondents. The farmers filed the Complaint on the basis of the report.
(3.) The Opposite Party filed its written version wherein they had denied that the seeds supplied was of lower quality. It was contended that the Complainants had not disclosed the dates when they sowed the seeds. It was further contended that on the day of inspection barely 100 days were over and that as per the quality of the seeds the crop could have been obtained only after 100 to 110 days of sowing. They had also taken the plea that the excessive rain poured during that period is also the reason for the less produce. They had denied that there was any deficiency on their part.;


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