MAHENDRA HYBRID SEEDS CO. LTD. vs Baburao

AS the appeal is pending since 1997 and as a consumer dispute since 1996, we are proceeding to dispose of this appeal at the stage of admission itself on perusal of the material available in the appeal paper book.

THE appellants are original O.Ps. in the aforesaid complaint and respondent No.1 original complainant and respondent No. 2 is a Dealer. (For brevity''s sake appellants are referred to as "Producer" and respondent No. 1 as "Complainant" and respondent No. 2 as "Dealer"). The seed producers are the appellant in the appeal and have challenged the order of 29.10.1997 passed by the District Forum, Sangli holding that the cotton seeds produced by them and which were purchased by the complainant through the dealer were sub-standard and so holding has awarded a sum of Rs. 50,000/- as compensation to the complainant plus Rs. 500/- cost.

It is noticed that before the District Forum the complainant proved he having purchased the seeds in question by producing receipt, etc.

AS far as sub-standard quality of seeds supplied, the complainant referred the matter to the Agriculture Officer, Sangli which is the concerned authority under the statutory Seeds Act who made a report which was produced before the District Forum and the said report stated that the seeds supplied contained adulteration to the extent of 20%. The report is marked as Exhibit 27 on the file of the District Forum. As no evidence was adduced by the producer or the dealer to dislodge evidence made available by the complainant, the District Forum has proceeded to make award to the extent hereinabove.

BY and large we are of the view that the award is just and reasonable and based on the material which was made available before it by the complainant and which was found acceptable and credible. Furthermore, the compensation awarded is also reasonable. There is only one point in favour of the appellant viz. the rate of interest of 18% awarded vide operative Clause No. 2 which appears to be on higher side, in our view interest at the rate of 10% p.a. is fair and rasonable. We modify the order accordingly. ORDER Appeal is partially allowed to extent as under : 1. Award of compensation of Rs. 5,000/- to the O.P. No. 2 stands confirmed. 2. Award of cost of Rs. 500/- vide operative Clause No. 2 also stands confirmed. 3. Rate of interest stands reduced from 18% p.a. to 10% p.a. as awarded in operative Clause No. 3. 4. As far as this appeal is concerned, no order as to cost. 5. Office to furnish copies of the order to the parties.

Appeal partly allowed.