BADE RAMA KRISHNA REDDY Vs. POSHAK FEEDS PVT.LTD

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. The appeal is challenge to the order passed by the District forum, Ongole in C.D.No.254 of 2005.

(2.) The factual matrix of the case is that the complainant to eke out his livelihood by means of self employment had been running a poultry farm at B.Nidamanur. Except the poultry farm the complainant has no other source of business or income. The opposite parties used to supply feed for about four years to the date of filing of the complaint. The complainant requested the opposite parties to supply the feed S.B. concentrate. The opposite parties supplied super broiler finisher which the complainant administered to the birds in his poultry farm as a result of which the majority of birds died and the remaining birds suffered loss of weight and stunted growth. The complainant informed through letters to the opposite parties the incident and requested them to visit the poultry farm. The opposite parties though promised to visit the poultry farm of the complainant they had not come to B.Nadamanur. Thus the feed sold by the opposite parties was defective, it was an old stock with abnormal smell. Out of 6000 birds 4,200 birds died and 1800 birds suffered loss of weight. Each bird was worth Rs.52/- . The complainant incurred loss to the tune of Rs.2,46,000/-. The complainant had to visit the doctors to have treatment for the birds.

(3.) The veterinary doctor at Ongole conducted postmortem over the dead birds on 20.9.2001. The opposite party no.1 filed a suit in O.S.No.119 of 2004 on the file of I Addl.Senior Civil Judge, R.R.District against the complainant for recovery of the amount due on account of supply of feed on credit basis to the complainant. A suit was filed by the opposite party no.1 as an advance counter blast to the present complaint. All the doctors opined that the birds died due to toxins. The suit O.S.No.119 of 2004 was filed for recovery of the amount on 5.3.2001. The complainant has already discharged the amount claimed in the suit. The feed was purchased on 17.9.2001 for Rs.90,045/-. The complaint is filed in regard to supply of feed and damage occurred to the birds.