SARVESH KUMAR vs RAHUL SEEDS

THIS is an appeal against an order dated 17.12.1997 passed by District Forum, Farrukhabad in Complaint Case No. 177/1997.

THE brief facts of the case stated are that Mr. Sarvesh Kumar, Advocate filed a complaint before the District Forum, concerned alleging that he had purchased 1 kg. 250 grams of vasakhi loka on 1.11.1995 from the respondent (Rahul Seeds Bhandar). He (complainant), had paid its cost of Rs. 250/-. This seeds was sown in 11 bighas of the appellant''s lands but did not germinate. THEreby, causing a loss of Rs. 50,000/-. This seeds was certified and guaranted by Rahul Seeds Bhandar. Inspite of several requests, Rahul Seeds Bhandar did not look into his complaint. The learned District Forum came to the conclusion that no solid proof in support of the transaction has been furnished. Also the proofs regarding sowing of seeds on the land, labourers/ manpower deployment for doing the work on the land and irrigation and application of inputs likes fertilizers etc., have been lacking. Thus, the learned District Forum, dismissed the complaint.

We have gone through the record of the case and the order dated 17.12.1998 passed by the learned District Forum, and have also heard arguments of the appellant (Sri Sarvesh Kumar).

IN support of the appeal no arguments except those pointed out in paragraph 2 of this judgment, no other solid points were raised. The learned District Forum has correctly concluded that even if the certified and guaranteed seed is sown it is not bound to germinate or grow into crop in the absence of inputs, which are necessary for growing the crops. The climatic and weather conditions like rainfall etc., also effect the prospects of a crop. Learned District Forum correctly dismissed the complaint and their judgment cannot be interfered with. ORDER The appeal is dismissed. Let a copy of this judgment be given to the parties as per rules. Appeal dismissed. _____________