NATIONAL SEEDS CORPN LIMITED Vs. PREM PRAKASH JAIN
LAWS(SC)-1997-12-99
SUPREME COURT OF INDIA
Decided on December 12,1997

NATIONAL SEEDS CORPORATION LIMITED Appellant
VERSUS
PREM PRAKASH JAIN Respondents

JUDGEMENT

- (1.) The point arising in the instant Special Leave Petition is whether mozaic disease which afflicted the tomato plants grown by the respondent in his fields, was due to seeds being contaminated or to other soil and climatic conditions. It is beyond dispute that a certain quantity of tomato seed was purchased by the respondent which had timely been sown for raising seedlings. Those seedlings were transplanted into the field. When the plants matured and were fruiting, it was claimed that they were afflicted by mozaic disease. Now, whether mozaic disease is carried from seed to plant and then onwards to seed, was a question which could only be answered after proper evidence had been led. The alternate question could have been whether mozaic disease afflicts only the plant and not the seed. The answer thereto again could have depended on evidence led. The evidence in the instant case being scanty, the National Consumer Disputes Redressal Commission has gone on the available evidence to decide in favour of the respondent, granting him Rs 20,000. 00 as compensation. We presently are unable to shake off the basis of the decision. The petitioner - National Seeds Corporation Ltd.- would have to wait for a better case to have these questions solved. With these observations, the Special Leave Petition is dismissed.;


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