PRAKASH TRADING COMPANY vs KASHIRAM SAMPAT TAYADE

THIS appeal is directed against the order of District Forum, Akola dated 7.1.92 passed in Complaint No. 90/91. A complaint was made before the District Forum, Akola by K.S. Tayade alleging that the jawar seed sold to him by appellants was defective. According to complainant, he had to recultivate the field, purchase another seed and saw it because the seed sold by the appellant did not give proper results. The learned District Forum relying on the report of the Agricultural Officer dated 19.7.91 passed the impugned order, directing the Appellants, to pay to the complainant Rs. 1500/- each to compensate his loss due to the defective seed sold to him.

WE have heard today, Shri Om prakash for Prakash Trading Company. Shah a Agencies are absent. Respondent is also absent. However, he has by a letter, informed in writing that he is unable to attend the Court because of his bad financial condition and that his written argument be considered in this appeal. According to Shri Om Prakash, the report of the Agricultural Officer indicates that there was a failure of rain and that hence the jawar crop was affected. He further submitted that there was no defect in his seed. He further submitted that there were no complaints from other cultivators who purchased the similar seed from appellant.

On perusal of the impugned order, we find that the District Forum has relied on the report of the Agricultural Officer dated 19.7.91 in which he has given the percentage of the crop seed wise. According to the officer, the percentage of the crop, as regards the appellants seed was very low as compared to other hybrid seed. In our view, the District Forum was correct in accepting the report of the Agricultural Officer who is independent and technical person to evaluate the correct position as regards the crop found in the complainant''s field. The Agricultural Officer had personally visited the field and his findings are noted in his report dated 19.7.91. Under these circumstances, we find that the District Forum was right in compensating the loss of the complainant to the extent of Rs. 1500/- by each of the appellants. We do not find any reason to interfere in the findings of facts reached by the District Forum, Akola. Under these circumstances, the appeal is devoid of any substance and is hereby dismissed. Appeal dismissed.