ANKUR SEEDS P LTD vs KONDABROLU HASEN RAO

-PETITIONER was the opposite party before the District Forum, where the respondents had filed a complaint alleging deficiency in service on the part of the petitioner.

VERY briefly stated the facts of the case are that the respondent/complainant purchased 20 bags of Ankur Hybrid Chilly seeds produced by the petitioner, which were sown, but when after sowing and going through all the agricultural operations, the complainant noticed defective growth of the plant, matter was reported to the Agriculture Department on whose instructions, the Horticultural Officer visited the field and gave his report finding fault with the seed. It is in these circumstances, a complaint was filed before the District Forum, where the matter was contested by the opposite party. The District Forum after hearing the parties allowed the complaint and directed the payments to be made on average loss at 10 quintals of chili @ Rs. 2,500 per quintal along with cost of seeds, interest and cost of Rs. 1,000. Aggrieved by this order, separate appeals were filed before the State Commission, who after hearing the parties dismissed the appeals hence these revision petitions before us.

We heard the learned Counsel for the petitioner and also perused the material on record, especially the report of the Horticulture Officer, affidavit of the concerned officer as well as his cross-examination. The report is quite categorical that, not only different plants had different growth pattern but what we find most disturbing is "3-4 different type of plants were observed". This has not been challenged at all in the cross-examination, hence they remain unrebutted. As per law laid down by the Hon''ble Supreme Court, while, in our view, there is expert report in favour of the complainant, on the other hand there is no Expert Report to counter this report on behalf of the petitioner, to rebut the report of the Horticulture Officer or for that matter their own independent evidence in support of the quality of seed. It cannot be any one''s case that the petitioner did not have the seed of the same ''batch'' number, which was sold to the complainant. They could have got that tested in the field and submitted a report to counter the Expert''s Report. This has not been done. Presently there is only one expert report of Horticulture Officer which remains unrebutted by any expert opinion.

A vague attempt is also made by the learned Counsel for the petitioner that the quantum is on the high side. As per material on record, the standard yield of the crop has been taken by 15 to 20 quintals. The District Forum has averaged was to 10 quintals per acre which, in our view, does cater for the 4 quintals already collected by the different yields (as a result of earlier pickings) by the farmers.

NO material has been produced before us to show that the yield will be less than the one arrived at by the District Forum and State Commission. In the aforementioned circumstances, we see no merit in this Revision Petition, hence dismissed. R. P. dismissed.