DANNU HYBRID COTTON SEED vs RAYARAKULA CHANDRAMOULI

AGGRIEVED by the order in C. D. No. 9/2005 on the file of District Forum, Warangal opposite party No. 2 preferred this appeal i. e. , F. A. 894/2007. These are a batch of appeals F. A. Nos. 895/2007 to 820/2007 arising from C. D. No. 10/2005, 11/2005, 13/2005 to 16/2005, 84/2005, 86/2005, 87/2005, 92/2005, 93/2005, 95/2005, 96/2005 and CD 11/2006 to 22/2006 on the file of District Forum, Warangal and since all these appeals deal with common facts they are being disposed of by a common order.

THE brief facts as set out in the case are that the complainant is a resident of Akkampet village of Warangal District and he owns an extent of one acre of agricultural land for which he purchased one packet of Dannu Hybrid Cotton seed at Rs. 490 on 7. 6. 2004 from opposite party No. 1. He submits that he was assured by the opposite parties that the yield would be 15-18 quintals per acre. Complainant stated that during the month of June, 2004 he sowed the said seed in his one acre of land and took all necessary precautionary measures like providing sufficient water, applied fertilizers and pesticides. Only 60% of the said seed germinated and remaining 40% of the seed has not germinated. The plants grew up healthy but did not bear any flower or budding. The complainant reported the same to the opposite parties but did not receive any response. The complainant together with other village farmers informed the condition of the crop to Joint Director of Agriculture and on 9. 11. 2004 the JDA sent District Level MOU Committee to inspect the land of the complainant. The said Committee visited the fields of the complainant and also other village farmers and opined that loss of yield was due to defective and inferior quality of seed. Hence this complaint. Opposite party No. 1 filed their written version admitting that the complainant purchased one packet of Dannu Hybrid Cotton seed from opposite party No. 1 but contend that yield of the crop would depend upon several factors including proper crop management and application of fertilizers and pesticides and that the complainant would have followed wrong agricultural practices and sustained loss and therefore there is no deficiency of service on their behalf.

Opposite party No. 2 filed written version stating that the Technical Officer who inspected the complainant''s land opined in his report that the crop failure might be due to moisture stress and pest problem. It is further opined that genetic purity could not be determined in the absence of flowering. Opposite party No. 2 contended that crop failure was not because of defective seed but because of moisture stress and pest problem. With respect to yield the farmers did not follow the proper crop management practices and therefore the opposite parties cannot be blamed for loss of yield and that they have not committed any deficiency of service.

BASED on the evidence adduced i. e. , Exs. A1 to A7, Ex. B1 and Ex. X1 the District Forum allowed the complaint directing opposite parties to pay Rs. 7,600 to the complainant jointly and severally with interest @ 9% p. a. , from the date of filing of the complaint till the date of deposit together with costs of Rs. 1,000. Aggrieved by the said order the opposite party No. 2 preferred this appeal.

LEARNED Counsel for the appellant/opposite party No. 2 submitted that the District Forum has erroneously relied on Ex. A1 when the report clearly states that genetic purity cannot be determined. He further contended that the crop failure depends upon various factors including proper crop management, climatic conditions and application of fertilizers and pesticides. The appellant Company is responsible for the germination and thereafter it is the duty of the respondent/complainant to maintain the crop properly. He further contended that it was not proved on scientific basis that the seeds were defective warranting damages awarded by the District Forum. The respondent/complainant lodged a Caveat and submitted that it was true that the MOU Committee observed that in the absence of flowering the obsolete genetic purity could not be determined and drew our attention to the Field Inspection Report of the Joint Director of Agriculture, Warangal in which it is stated that the yield is less than normal yield and the list of farmers whose fields were affected is enclosed. We have perused the material on record. It is not in dispute that the seeds were purchased from opposite party No. 1. The main contention of the complainant is that crop gave less than expected yield in spite of following all the crop management practices. The Caveator contended that all the farmers who used this particular variety of seed have been affected and have filed this batch of CDs (Consumer Disputes ).

THE main contention of the appellant/opposite party No. 2 is that in the Field Inspection Report the JDA has stated that in the absence of flowering the obsolete genetic purity could not be determined and therefore it is not established that the yield was low because of defective seeds. We do not find any force in this contention. We rely on the Field Inspection Report done on 9. 11. 2004 by the District Level MOU Committee comprising of (1) DDA, O/o. JDA, Warangal, (2 ). Senior Scientist (Cotton Breeder), ARS, Warangal, (3) Sri K. Ramchandra Reddy, farmers'' representative. Their report states as follows: "at the time of inspection it is observed that there were 8 to 12 bolls in the lower canopy, no boll in the middle canopy. The crop was at 120 to 130 days age in some holds there was no flowering but morphological characters like stem pigmentation and hairiness were tallying with the morphological characters of the plant. In the absence of flowering the obsolete genetic purity could not be determined. Physically there was less/no bolls, no flowering and all the plants were looking barren. The pest damage to leaves was also more. The crop was raised as rainfed/irrigated and soil type was black and chalks soils. On filed to filed inspection of Agricultural Officer, Atmakur from 16. 11. 2004 to 25. 11. 2004 it is observed that cotton Dannu variety sown under irrigation has started square and flower formation from 20 to 30 Nos. Under un-irrigation chalks/black soil condition there was no flowering and boll formation. Expected yield is to be obtained minimum of 80 to 460 Kgs/acr. Under irrigated condition as against the normal yield of 537 Kgs and 60 to 200 Kgs under un-irrigated condition as against the normal yield of 412 Kgs/acr. "

THE report clearly states that there were 8 to 12 bolls in the lower canopy and no boll in the middle canopy and that there was no flowering. The report also states that there was irrigation but there was no flowering and all the plants were looking barren. The expected yield is 80 to 460 Kgs per acre under irrigated condition as against normal yield of 537 Kgs and 60-200 Kgs under un-irrigated condition against normal yield of 412 Kgs. They have also appended the list of the farmers whose crops were affected by the usage of said seed. The opposite parties'' contention that the farmers did not follow proper crop management practices is also unsustainable on the ground that there is no documentary evidence adduced on behalf of their plea and it is also improbable that all the farmers affected by low yield because of usage of said seed would not have adopted proper crop management practices. Learned Counsel for the appellant relied on the citation reported in II (2005) CPJ 13 (SC)=ii (2005) SLT 569= (2005) 3 SCC 198 between Haryana Seeds Development Corporation Ltd. v. Sadhu and Another, wherein it was held that Expert Committee constituted by appellant to examine yield from seeds sold by it and sown in various areas, to ascertain effect of factors other than seed quality on quality of germination thereof. The Expert Committee was satisfied that variation in condition of crop was not attributed to the quality of seeds but to other factors. But the facts and circumstances in the instant case are different. The Expert Committee here has been constituted comprising of (1) DDA, O/o. JDA, Warangal, (2) Senior Scientist (Cotton Breeder), ARS, Warangal, (3) Sri K. Ramchandra Reddy, farmers representative, and has not been constituted by the appellant for determining the effect of factors other than seed quality. Here, in the instant case the Expert Committee was to ascertain the reasons for the loss of crop and they have come to the conclusion that the yield was low and the irrigation was good and the said report never stated that the crop condition was satisfactory to excellent as was stated in the case cited by the appellant. In that case the committee concluded that ''variation in condition of crop could not be attributed to quality of seeds but to other factors'' whereas in the instant case the Committee never gave such conclusion. We rely on the judgment of the Apex Court in 1999 CPR 1 (SC) in M/s. Maharashtra Hybrid Seeds Company v. Alavalapati Chandra Reddy and Others, wherein the Apex Court held that when the opposite parties did not adduce any material to show that the complainants did not manure properly or that there is some defect in the field. In the absence of such evidence, in view of the conduct of the opposite parties not visiting the fields. . . . . . . . applies to the present cases also wherein the opposite parties have not visited the fields of the complainant nor have they suggested any suitable remedies. We also rely on the judgment of the Apex Court in III (1998) CPJ 8 (SC)=viii (1998) SLT 317 in M/s. Maharashtra Hybrid Seeds Co. Ltd. v. Alavalapati Chandra Reddy and Ors. , where in it was observed that it is probable that the complainants have sown all the seeds purchased by them and they would not be in a position to send the seeds for analysis. Under these circumstances the order of the District Forum is not vitiated by the circumstances that it has not on its accord sent the seeds for analysis to an appropriate laboratory. The opposite parties have not chosen to file any application for sending the seeds to any laboratory''.

The same principle has been discussed by the National Commission in National Seeds Corpn. Ltd. v. M. Madhusudan Reddy, I (2004) CPJ 122 (NC), wherein it was observed that ''a farmer is not expected to conserve certain portion of seeds and therefore cannot produce these seeds from somewhere to get them tested to meet the requirements of Section 13 (1) (c)''.

IT was open to the opposite parties also to file a petition seeking testing of seeds under Section 13 (1) (c) of the Act since the farmers would have sown all the seeds available with them. The opposite parties have not chosen to take any such steps to send the seeds for testing. When the provisions of Section 13 (1) (c) of C. P. Act becomes un-implementable one has to resort to alternative methods which in the instant case is the report of the District Level MOU Committee. The report has to be read in its totality and the report states that at the time of inspection there were 8 to 12 bolls in the lower canopy, no boll in the middle canopy and the crop was 120 to 130 days old and there was no flowering. In the absence of flowering the obsolete genetic purity could not be determined. The Committee also observed that the crop was raised as rainfed/irrigated and the soil type was black and chalks soils. The Committee reported that there was no flowering and no proper boll formation. Taking into consideration the material on record and the reports of the Committee and the facts and circumstances of the case and also the fact that the opposite parties could not prove that proper crop management practices were not followed when the report itself states that the crop was well irrigated, we are of the considered view that there was deficiency of service on behalf of opposite parties. Therefore we see no reason to interfere with the well considered order of the District Forum. The District Forum has also elaborately calculated the yield/loss per acre and arrived at the crop loss of 400 Kgs per acre and calculated the market value of cotton during the year 2004-2005 and average price of cotton at Rs. 1900 per quintal and arrived at Rs. 7,600 as loss to the complainant. However, we find that the interest awarded by the District Forum at 9% is on the high side and to meet the ends of justice we reduce it to 7. 5%. Therefore these appeals are allowed in part reducing the rate of interest from 9% to 7. 5% while confirming the order of the District Forum in all other aspects.

IN the result for the aforementioned reasons all the appeals F. A. 895/2007 to F. A. 920/2007 are allowed in part reducing the rate of interest from 9% to 7. 5% while confirming the order of the District Forum in all other aspects. Time for compliance six weeks failing which the District Forum can proceed in accordance with law. The penalty proceedings if any shall stand suspended in all the matters during this period of six weeks. Office is directed to transmit the entire amount lying in deposit before this Commission if any to District Forum, Warangal to the credit of aforementioned C. Ds. immediately. Appeals partly allowed.