SYNGENTA INDIA LTD Vs. GOGGILLA SREENIVASULU REDDY AND ANR

JUDGEMENT

(1.) THIS is an appeal preferred by the manufacturer of the seeds OP2 against the order of the Dist. Forum directing it to pay Rs. 72,000 towards compensation alongwith its dealer together with interest, compensation and costs.

(2.) THE case of the complainant in brief is that he owns Ac. 4.50 cents of agricultural land in S. Nos. 76 and 77 in Nallaballi village. While so he purchased sunflower seeds viz., Sunbred -275 variety on 29.11.2003 manufactured by R2 from its dealer Rl when it assured that it would give yield of 10 to 12 quintals per acre on payment of its price. Right from the beginning the growth was not proper. When he complained to Rl at the time of flowering he did not heed. When he complained, the Agricultural Officer inspected the land and informed that due to defect in the seed the crop was failed. He spent about Rs.4,500 per acre towards agricultural expenses. He sustained a loss of Rs.12,000, and therefore he claimed the said amount with interest @ 12% p.a., together with compensation of Rs. 20,000 towards mental agony and costs of Rs.3,000.

(3.) R 1 dealer resisted the case. It disputed the sale of sunflower seeds to the complainant. The document filed by him was only a quotation and not a cash bill. He was not aware whether the Mandal Agricultural Officer visited his land, and opined that failure of the crop was due to defect in the seeds. The yield of crop depends on various factors. The quality or defect of the seeds could be decided only in the laboratory test by a competent authority, and therefore it prayed for dismissal of the complaint with costs.