SHRIRAM BIOSEED GENETICS INDIA LIMITED Vs. V.BIKSHAPATHI

JUDGEMENT

(1.) The appellants 1 and 2 are the unsuccessful Opposite Parties 1 and 2 in CD 199/99 before the District Forum, Warangal against whom an order dated 29.12.2006 was passed directing to pay compensation @ Rs.10,800/- per acre to each of the complainants 1 to 10 to the extent of the land in which the seeds that were sowed and those seeds were produced and sold by the Opposite parties, so also, directed to pay the interest on the respective amounts due.

(2.) The impugned order has been challenged as erroneous and sought to set aside taking the stand that in the absence of satisfactory evidence that the seeds were of inferior quality or defective one especially, when there is an admission by the complainants that the generic purity is good which was also certified by the Cotton Scientist of Fact Finding Committee that the genetic purity is good

(3.) In nutshell, the facts of the case are that the complainants are residents of Mallampalli village, Warangal District and they are agriculturists. OP 1 is a Manufacturer, OP 2 is a Marketer, OP 3 distributor and OP 4 is the dealer of cotton seeds. The complainants have purchased 450 gms Ajeet seed variety cotton from OP 4 for Rs.270/- per packet and those seeds were produced by OP 1. The complainants were assured that the yield of cotton would be 70 to 80 quintals per acre and on that assurance after purchasing the same they sowed the same in their lands. After taking precautions they have raised the seeds but the crop had failed to give yield. So the complainants have reported to the Agriculture department. The concerned officials inspected the fields and opined that they could not get the yield since the seeds were defective or of inferior quality. In turn, all the complainants informed to OP 4 who is the representative of OP.1 and he had promised to compensate the loss after contacting the manufacturer. In spite of the same,. he dodged the matter, so they have no alternative except to claim compensation. OP 1 filed its version and it was adopted by OP2. OP 3 remained exparte. OP 4 filed separate version.