Mayur Seeds Corporation vs KRISHNA KUMAR

RESPONDENT is an agriculturist. The appellant is a limited company and is engaged in processing, production and distribution of onion seeds to the ryots on payment for yielding the crops through its agent and distributors all over the country. Respondent No. 2 is authorised distributor of the appellant.

APPELLANT purchased 10 kg. seeds of white onion from the appellant @ Rs. 260 per kg. After sowing his seeds, crops of oinion did not fructify. On account of having sold poor quality seeds the appellant has been vide impugned order dated 20.6.2000 passed by the District Forum, directed to refund Rs. 26,000, towards the cost of the seeds. Rs. 5,000 per acre as damages and Rs. 5,000 as compensation for mental agony and harassment suffered by the respondent. Feeling aggrieved by this order the appellant has directed this appeal.

THE impugned order has been assailed on multifarious grounds firstly that the District Forum has no territorial jurisdiction; secondly that the respondent was not a consumer as defined under Section 2(1)(d) of the Consumer Protection Act, 1986 and thirdly that the District Forum has arrived at the conclusion on the basis of conjectures and surmises that the respondent had failed to prove that the quality of seeds was not substandard or poor and lastly that the seeds were planted in the winter season with the temperature running low, which is not at all favourable for the growth of the said plant as the flowering of the plant depends upon the weather condition i.e., temperature, rainfall, light, cultural practices, fertilizers, etc.

AS regards the objection as to the territorial jurisdiction of the District Forum, there is no substance as the seeds in question were purchased by the respondent from respondent No. 2 who was the agent of the appellant and has office at Delhi. The appellant was working through its agent at Delhi for gain and, therefore, the District Forum Delhi was well within its competence to entertain the complaint. As regards the purchase of 10 kgs. seeds from respondent No. 2 there is no dispute nor it has been denied by respondent No. 2. On the other hand the respondent has filed affidavit of evidence of two witnesses namely Sh. Balraj Singh and Sh. Sat Pal Singh in whose presence the seeds were purchased without issuing of any cash memo.

THE contention of the appellant that the respondent was not a consumer because he had purchased seeds for commercial purposes is also devoid of merit as the seeds were purchased by the respondent for his livelihood and not for commercial purpose. Had the respondent purchased the seeds for further sale of the seeds to earn profit only then such a purchase would have come under the purview of commercial purpose. The respondent purchased the seeds to raise crops in his agricultural land for his livelihood.

AS regards the contention of the appellant that the seeds were sold in the winter season and planted in winter season with the temperature running low, which is not at all favourable for the growth of the said plant, as the flowering of the plant depends upon the weather conditions i.e., temperature, rainfall, light, cultural practices, fertilizers, etc., we find it difficult to accept the said argument as the seeds were purchased in March and after these were planted entire crop had grown flowers and the matter was brought to the notice of respondent No. 2 on 25.3.1996. There is statement and affidavit that the proprietor of respondent No. 2 visited the said crop field on 28.3.1996 and the photographs of the said crop were taken. So much so the respondent also wrote letter on 6.4.1996 to respondent No. 2 in this regard but did not receive any response. It is difficult to believe that an agriculturist who had purchased the seeds in the month of March would wait for 8 -9 months to plant it and in the month of May or June it would take the photographs of the flower plants and write letter in the month of April itself to the agent from whom he had purchased the seeds about the quality of the seeds.

FOREGOING reasons persuade us to dismiss the appeal being completely devoid of merit.

APPEAL is disposed of in above terms. Bank Guarantee/FDR if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal dismissed. - ===========================================================================