MAHARASHTRA HYBRID SEEDS CO. LTD. vs DYANDEV KERBA KHADKE

WE are proceeding to dispose of these appeals with a common judgment at the stage of their admission itself, on consideration of the material available before us and on hearing the learned Advocate for the appellant and respondents who are appearing in person and who are present before us in response to notice before admission issued by us to them in these appeals.

FOR brevity''s sake appellants hereinafter are referred to as "Producer" and respondent Nos. 1-4 in the appeals as "Farmers". The producers have taken exception to the common order dated 25.9.2002 of the District Forum allowing the claims of the farmers in 4 separate complaints filed as mentioned in cause title of the complaint and ordering them refund of the cost of the seeds, compensation and cost.

Few relevant facts : Farmers are the residents of village Kavthate in District Solapur and they had purchased seeds of Jawar 109 produced by the producers herein.

IT is to be stated that there were other 4 farmers in the vicinity, who also claimed to have purchased the same seeds produced by the producers. After sowing the seeds by the farmers in their respective fields they discovered there being no satisfactory growth including the germination within the expected period and, therefore, they reported the matter to the dealer/respondent No. 2 herein, who according to the farmers assured them to take up the matter with the producers, who were based at Jalna within 2-3 weeks.

FARMERS waited for the said period but there was no any further response from the producer or the dealer and, therefore, matter was reported to the Agricultural Officer. Thereafter the concerned department of the Government deputed their officials, who visited on 17.12.1999 and again on 21.1.2000 and they rendered the report, copy whereof is at page No. 84 of this paper book. There is no dispute that this was the same report which has been rendered by the team of the officials who visited. It is noticed that there were 5 officials and whose designations have been mentioned below their signatures appearing on the report and who happen to be, (1) Member Secretary of Zilha Beej Takrar Nivaran Samiti; (2) Representative of Mahabeej; (3) Scientist, Mahatma Phule Krishi Vidyapeeth, Solapur; (4) Seeds Certification Officer, Osmanabad; and (5) President, Zilha Beej Takrar Nivaran Samiti/Krishi Vikas Adhikari, Zilha Parishad, Solapur.

THEIR findings appear on the last page of the said report and it is to be stated as far as 4 farmers being the complainants in the respective complaints are concerned 3 figured in category A and one Mr. Shivaji Kerba Bhosle in category B. Report clearly mentions that as far as 3 farmers are concerned, namely Mr. Dhananjay Dyanoba Mane, Mr. Dyandev Kerba Khadke and Mr. Nanasaheb Digambar Mane respectively complainants in Complaint Nos. 91, 92 and 93/2000 the Committee notes that there was defect in the seeds and that being so, there was no germination. As far as Mr. Shivaji Kerba Bhosle is concerned, that the team of the officials have opined that, since there was no proof of purchase made available to them by said Shivaji and other named therein Prakash Mane, they did not take the congnizance of their complaint. Then there is third category described as (c) wherein the team of the officials record that in case of Mr. Keshav Sitaram Gosavi, Mr. Parmeshwar Bhakte and Mr. Nangnath Pandurang Mane, who were other complainants, the said team of officials have rejected their complaints.

DISTRICT Forum has considered the said report and has allowed the claims of the complainants as far as these 4 farmers are concerned. Across the learned Advocate for the appellant produced and submitted that the said report cannot be taken as conclusive findings as such and DISTRICT Forum committed error in accepting the same. We have perused the said report, as also reasoning assigned by the DISTRICT Forum and we do not find any merits in the submissions as made. Question was whether the District Forum was justified in accepting and giving credence and credibility to the report of the Expert Committee and considering the status of the Members of the Committee, their qualification, etc. it needs to be stated that team of the officials were competent persons and as suit (sic.) inasmuch as one of them was Scientist attached to Mahatma Phule Krishi Vidyapeeth and other officials with designations indicated therein were also qualified and competent persons in the field. That being so, we do not find any flaw in the order impugned in this appeal. We, therefore, confirm the said order. However, it is to be stated that as far as 2 farmers are concerned, Mr. Dyanoba Kerba Khadke and Mr. Nanasaheb Digambar Mane, that when there was no germination, they sowed the other seeds and took the crop. That being so, the learned Advocate for the appellant submitted that the District Forum should have while awarding compensation taken into consideration all these facts. We wish to state that amount of compensation awarded as is the case is quite reasonable, as we have mentioned earlier and that being so, we do not wish to interfere with the said order. ORDER 1. All the above appeals being Nos. 1536, 1537, 1538 and 1539/2002 stand dismissed. 2. However as far as these appeals are concerned, no order as to costs. 3. We are giving 6 weeks'' time from today to the appellants for compliance of the order of the District Forum. 4. We direct District Forums Solapur to allow the complainants to withdraw the amount, deposited by the appellants/producers in accordance with our order in proportion to the claims in the award towards the part satisfaction of the award. 5. Office shall furnish copies of the order herein to the parties. Appeals dismissed.