ANKUR SEEDS PVT. LTD. Vs. RAM PRAKASH
Ankur Seeds Pvt. Ltd.
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PER DR.S.M.KANTIKAR, J. -
(1.) By this Order, we propose to dispose of the above noted Revision Petitions involving similar question of law and fact arising out of common Order of the State Consumer Disputes Redressal Commission Punjab (hereinafter referred to as the "State Commission") dated 22.09.2014 in Appeal Nos. 1235, 1236, 1237 and 1720 of 2011.
(2.) The facts are that the Respondents/Complainants are the agriculturalists. They purchased the seeds developed and manufactured by Ankur Seeds Pvt. Ltd. (hereinafter referred to as the "Opposite Party No. 1") and Rashi Seeds (P) Ltd. (hereinafter referred to as the "Opposite Party No. 3") through their respective dealers. The Opposite Party No. 3 has not been made a party in the instant Revision Petitions. The Complainants purchased the seeds on assurance by the dealers of the Petitioner that the seeds were of good quality and would yield crop of about 10 quintals per acre and that the crop from the said seeds would be immune to "Leaf Curl Virus", other diseases and insects etc. As per instructions, they sowed the seeds and also used right quantity of pesticides and fertilisers. However, the growth of crop was not proper, it gave very less fruits bearing and suffered from "Leaf Curl Virus". The Complainant and the respective dealers admitted that there was less growth of crop and less yield. The Complainant filed a Complaint with the Agriculture Officer, who visited the site and observed in his report that the loss caused to the crop was due to "Leaf Curl Virus" and that the farmers had suffered monetary loss. However, the Petitioner failed to pay any compensation to the respective Complainants. Being aggrieved, the Complainants approached the District Consumer Disputes Redressal Forum, Firozpur (hereinafter referred to as the "District Forum") for the compensation.
(3.) The Opposite Parties in their respective Written Version admitted the sale of seeds to the Complainants. It was, however, denied that any assurance as to yield was given. The Opposite Parties pleaded that yield of crop depends upon so many external and environmental factors like agriculture practice, application of seed rate, climatic condition, water intervals, sowing of seeds in depth, attack of pests and diseases, doses of fertilizers/pesticides, soil and water, etc. It was further alleged that as per the report of the Agriculture Officer, plants were suffering from "Leaf Curl Virus", which is caused by white fly transmitted virus and it has nothing to do with the quality of seed.;
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