NATIONAL SEEDS CORPORATION LTD. AND ORS. Vs. SHIV GOVIND SINGH

JUDGEMENT

(1.) AGGRIEVED by the judgment and order dated 15.12.1999, passed by the learned DCDRF -I, Lucknow in complaint case No. 685 of 1998, the appellants M/s. National Seeds Corporation Ltd. and another have preferred the instant appeal under Section 15 of the Consumer Protection Act, 1986 (Act 68 of 1986) on the ground that the impugned order is arbitrary, perverse and is bad in the eye of law. It was delivered without proper appreciation of law and/or application of mind on the basis of surmises and conjectures and, therefore, it has been prayed that the same be set aside in the interest of justice otherwise the appellants will suffer irreparable loss. From perusal of the records, it transpires that the respondent/complainant purchased 60 kgs. of pea seeds from the appellants on 8.10.1997 and 9.10.1997 for Rs. 2,100.00. The seeds were of low quality and, therefore, they failed to germinate or produce desired crop. Consequently, a notice was given on 24.10.1997 i.e. within 15 days from the date of purchase of the seeds. The appellants failed to take any action, consequently, he suffered a loss of Rs. 58,400.00 and, therefore, he filed complaint case No. 685 of 1998 before the Forum below for redressal of his grievances. After hearing the parties, the Forum allowed the complaint and directed the appellants to pay a sum of Rs. 19,400.00 to the respondent/complainant with 12% p.a. interest. Aggrieved by this judgment and order, the instant appeal has been filed.