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Judgment
V.K.Jain, J.
The complainant/respondent who is a farmer, purchased seeds from the petitioner for sowing the same into his fields. The petitioner was required to purchase the crop of seed so grown by the complainant from him. According to the complainant, after the crop was ready, the same was inspected by the petitioner and he was given 275 empty bags to carry 150 quintals of soyabean seeds on 31.10.2012, for sale to the petitioner. The petitioner accordingly, carried soyabean seeds in 275 bags of 50 kg each from his village to the Processing Centre of the petitioner, incurring an expenditure of Rs.10,000/- for the purpose. The petitioner however, refused to buy the seeds claiming that the same were mixed with the seeds of some variety other than JS-9305.
The grievance of the complainant is that the petitioner refused to buy the seeds without getting the same tested at a Laboratory. The complainant therefore, had to sell those seeds in the market at Rs.3,000/- per quintal as against the Government declared price of Rs.4,200/- per quintals on which the seeds were to be purchased by the petitioner. The complainant therefore, approached the concerned District Forum by way of a consumer complaint seeking re-imbursement of the loss suffered by him alongwith compensation etc.
The petitioner filed a written version contesting the complaint and alleged that the seeds brought by the complainant were mixed with the seeds of other variety and therefore, were not purchased.
The consumer complaint was allowed by the District Forum but was dismissed by the State Commission in an appeal preferred by the petitioner. Being aggrieved from the order of the State Commission, the complainant approached this Commission by way of a revision petition no.511 of 2016 which came to be decided on 12.09.2017. During the hearing of the aforesaid revision petition, it transpired that no evidence had been led by either party to prove the price at which the petitioner herein i.e. Chhattisgarh State Seed and Agriculture Development Corporation was purchasing soya seeds at the relevant time. This Commission felt that it would be necessary to verify the price at which the seeds were purchased in order to find out whether any loss had been suffered by the complainants or not. The matter was therefore, remitted back to the District Forum to decide the complaint afresh after verifying the price at which the seeds were being purchased at the relevant time.
After taking evidence persuant to the above referred decision, the District Forum came to a conclusion that the seeds were being purchased by the Corporation at the price of Rs.4,200/- per quintal and therefore, the complainant had suffered a loss of Rs.1,80,000/-.
Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. The said appeal having been dismissed, the petitioner is before this Commission.
A perusal of the impugned order would show that the fields of the complainant were inspected on 21.09.2013 and mixing to the extent of about 1% was noticed. The complainant was advised to carefully separate all the plants of the mixed variety.
Though the case of the petitioner is that the soyabean seeds, when brought by the complainant for sale to it, were mixed with seeds of variety no. JS-335, there is no evidence to prove the seed mixing of variety JS-335 with the seeds of JS-9305 at that time. In the absence of such an evidence, the alleged mixing cannot be accepted. More importantly, if the petitioner felt that the seeds brought by the complainant for sale were mixed with seeds of variety JS-335, it ought to have drawn sample and sent the same to a laboratory, to confirm the alleged mixing and also verify the extent of the said mixing. That however, was not done. Therefore, the petitioner was not justified in refusing to purchase the seeds brought by the complainant for the purpose of sale to it.
As far as the loss to complainant is concerned, the State Commission noticed that in a letter dated 18.04.2013 issued by DGM Seeds, Chhattisgarh Rajya Beej Evam Krishi Vikas Limited, to the Processing Centre Incharge, it was stated that the revised rate of soyabean seeds in the year 2012 was Rs.3,750/- per quintal and Rs.500/- extra will be given to the farmers. The complainant had to sell the same seeds in the market at a lower price of Rs.3,000/- per quintal. Therefore, he clearly suffered a loss of Rs.1,80,000/- assessed by the District Forum and accepted by the State Commission. The orders passed by the fora below awarding the aforesaid amount to the complainant alongwith transportation expenses and compensation for mental agony and cost of litigation cannot be faulted with. The revision petition being devoid of any merits, is hereby dismissed.