SASYA SEEDS PVT. LTD. vs PADMAKAR DATTATRAYA JOSHI

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of material available in the appeal paper book and on hearing the learned Advocate for appellant.

APPELLANTS are original O.Ps. 1 to 3 in the above complaint and against award dated 30.10.2003 passed by the Addl. District Forum Pune, holding them deficient that the seeds supplied of Bhindi (Ladies Finger) to the respondent/complainant was inferior and of sub-standard quality which resulted in loss of crop to the complainant and has proceeded to award compensation, cost, etc., which findings have been challenged by the original O.Ps./appellant herein. (For brevity''s sake appellants are referred to as ''O.Ps.'' and respondents as ''complainant''). Appellant/O.P. No. 1 is a producer, O.P. No. 2 is his representative and O.P. No. 3 is a Dealer of the producer based at Pune.

The complainant/farmer purchased the Seeds of Ladies Finger from the O.Ps. for the purpose of agricultural operation. It is the case of the complainant that when he purchased the package, there was indication given on the packing itself that the seeds supplied were ''Tolerant'' signifying that same is immune from any disease, etc.

HOWEVER, the complainant used the seeds in the agriculture operation by taking necessary steps with regard to cultivation. He was dismayed to find that the entire field where he used the said seeds did not come up satisfactorily as was expected but same was entirely accepted with viral disease. He, therefore, reported the matter to the O.P. as also Agricultural Committee of the Zilla Parishad. The Committee of the Zilla Parishad visited the site and have made the report.

IT is noticed that the matter was also referred to the Committee at District level by the Government for the purpose, which also made a report, copy whereof is made available in the appeal paper book on pages 21 and 22. Before the District Forum O.Ps. contested the claim of the complainant inter alia alleging that there was nothing wrong in the Seeds as such, but there was something amazing in the agricultural operation undertaken by the complainant. However, the District Forum relying upon the evidence which the complainant made available including reports of the Committees mentioned hereinabove, found there being grievance made by the complainant and rejecting the defence of the O.Ps. has made the award.

AS stated, O.Ps. have challenged the same.

WE have carefully gone through the material made available in the appeal paper book and heard the learned Advocate for appellants. The report made by the Committee has also taken note of the representation made on the label/package that the seeds supplied were ''Tolerant'' meaning thereby that it possessed in-built safeguard to resist diseases, etc.

In the report the conclusion reached by the Committee which comprised Agricultural Officer as also others including Professor attached to the Agriculture College has expressed opinion as under : (Hindi Matter omitted)

NO evidence was made available by the O.Ps. to impeach the said evidence which was made available to the District Forum, which consisted of the report rendered by the Experts. That being so, we do not find any merits in this appeal. Further, quantum of compensation is concerned, complainant claimed a sum of Rs. 50,000/-. District Forum has awarded Rs. 25,000/- towards damages and Rs. 5,000/- as compensation. In our view the award of loss to the extent as done vide impugned order is just and fair. ORDER 1. No merits. Appeal stands dismissed. 2. No order as to cost. 3. Office to furnish copies of the order to the parties.

Appeal dismissed.