INDIAN FARMERS FERTILIZERS CO-OPERATIVE LTD Vs. VIJAY KUMAR & ANR
LAWS(NCD)-2018-6-38
NCDRC
Decided on June 14,2018

Indian Farmers Fertilizers Co-Operative Ltd Appellant
VERSUS
Vijay Kumar And Anr Respondents

JUDGEMENT

V. K. Jain, Presiding Member - (1.) The complainants/respondents purchased 180 Kgs of Gwar seeds from the petitioner. The seeds were sown by them in their respective agricultural land but the crop was not upto mark. The said seeds had been manufactured by respondent no. 2 and according to the complainants, they were assured by the petitioner that the seeds would give proper yield of 8 to10 quintals per acre. This is also the case of the complainants that while sowing the seeds, they had followed proper instructions and procedure and had taken due care and precautions required for the said crop. They also claim that they had prepared the fields ploughing them three times in order to get better yield. On complaints made by the complainants to the Agriculture Department, an inspection was carried out by their team on 26.09.2012 and they found the plants to be of different variety. About 60-70% of the plants had high growth without any fruits. Being aggrieved from the financial loss suffered by them on account of insufficient yield, the complainants approached the concerned District Forum by way of two separate Consumer Complaints.
(2.) The complaints were resisted by the petitioner which claimed that there was no defect in the seeds sold to the complainants. It was also alleged that no notice of the inspection was received by them from Agriculture Department which was in violation of the directions contained in the letter dated 03.01.2002 issued by Department of Agriculture, Haryana.
(3.) The District Forum having dismissed the complaints, the complainants approached the concerned State Commission by way of two separate appeals. Vide impugned order dated 23.10.2017, the State Commission allowed the appeals relying upon several decisions of this Commission. In RP/912/2018, the petitioner was directed to pay Rs.30,000/- as compensation alongwith Rs.11,000/- for mental harassment and the cost of litigation quantified at Rs.5,500/-. In RP/913/2018, the petitioner was directed to pay Rs.1,20,000/- as compensation alongwith Rs.21,000/- for mental harassment and the cost of litigation quantified at Rs.11,000/-. Being aggrieved from the aforesaid order, the petitioner is before this Commission by way of these two revision petitions.;


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