NATIONAL SEEDS CORPORATION vs RAM KUMAR

APPELLANT is a Government Public Sector Undertaking and is engaged in the sales of seeds presumably of high quality and largely for the benefits of farmers. It has been directed to pay Rs. 35,000/- towards loss the respondent suffered who owns about 17 acres of agricultural land on account of poor quality of seeds supplied by the appellant vide order dated 2.5.2000 passed by the District Forum. Feeling aggrieved the appellant has preferred this appeal.

ADMITTEDLY the respondent purchased seeds from the appellant for muskmelon for a sum of Rs. 3,375/- on the assurance shelled out by the appellant through advertisement that seeds sold by them are of very high quality. However, when the respondent sowed the seeds these did not properly germinate and develop. He made complaint to the appellant in this regard and one officer of the appellant visited the field of the respondent and found the claim of the respondent true and genuine. Respondent had sowed these seeds in 17 acres of land by engaging cumbersome process of labour plantation, watering, fertilizer, ploughing of land and also gave rent @ Rs. 6,000/- per acre. Though the respondents claimed compensation of Rs. 4,20,000/- inclusive of the price of the above items and on account of market price of the crop, yet the District Forum awarded a sum of Rs. 35,000/- only. It is not in dispute that the seeds sowed by the respondents were defective and on the report of the officer of the appellant, the appellant offered to refund the amount of Rs. 3,375/- to the respondent.

The appellant-company operates on national level and advertisement is an instrumentality of the Government. Any advertisement given in the newspapers by such an agency claiming the quality of the seeds supplied by them being of very high quality is to be taken on its face value by the consumers. The very fact that the official of the appellant company found the complaint of the respondent that the seeds purchased by him did not germinate and develop properly as true and genuine, therefore, the loss suffered by the respondent was immense in terms of expenses incurred on labour plantation, watering, fertilizer, growing of plant, payment of rent of the land and the time consumed in the process. Every agriculturist survives on the agricultural produce and is always on the look out of high quality seeds and that is why many companies from foreign countries have found India as a good market for providing quality seeds.

SEED is not a commodity which if found to be of poor quality is worth its value. Its non-yielding quality causes immense mental agony, waste of land and time and consumer can be hardly compensated by merely refund of its price. It is the only source of crops and the money it generates through agricultural field. About 20 acres of land was taken by the respondent for sowing the seeds purchased from appellants for Rs. 3,000/- odd. But unfortunately the seeds were found to be not of the required quality and failed to yield proper crop. The traders of seeds who sell such seeds are liable to compensate the consumer in terms of the expenses incurred by him while putting seeds in the agricultural land and also the high hopes the consumer nurtures through the promises and advertisements of the sellers in the newspapers. Since the District Forum has already awarded compensation on the lower side we do not feel inclined to interfere with the impugned order and dismiss the appeal.

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.