KHAMGAON TALUKA BAGAYATDAR SHETKARI AND FALE (FRUITS) VIKRI SAHAKARI SANSTHA KHAMGAON vs BABU KUTTI DANIEL

DISTRICT Consumer Forum, Buldhana by order dated 21.6.1997 allowed the Consumer Complaint No. 98/1995 filed by the original complainant Mr. Babu Kutti Daniel and directed the manufacturer of the seeds i.e., Mahabeej and the authorized dealer i.e., Khamgaon Taluka Bagayatdar Shetkari and Fale (Fruits) Vikri Sahakari Sanstha, Khamgaon to pay compensation of Rs. 35,000 to the complainant together with interest @ 10%.

FEELING aggrieved by the order passed by the District Consumer Fourm below the Mahabeej manufacturer of the seeds filed Appeal vide No. 721/1997 and authorized dealer i.e., Khamgaon Taluka Bagayatdar Shetkari and Fale (Fruits) Vikri Sahakai Sanstha filed Appeal vide No. 662/1997. We heard the learned Advocate Mr. H.G. Misar for the Mahabeej, Advocate Mr. Alok Daga for authorized dealer and the complainant Mr. Babu Kutti Daniel in person.

We carefully perused the impugned order under challenge. We also perused the relevant documents.

THE Forum below mainly relied upon the Panchnama dated 20.7.1995, wherein germination is shown to the extent of 20% and pleased to grant compensation to the complainant. This panchnama is very cryptic, which consists of 7 lines only. THE Agricultural Officer attached to the Panchayat Samiti, Khamgaon, has not expressed his opinion about the quality of seeds. THE complainant purchased Y-1 cotton seeds, manufactured by the Mahabeej. He claimed that he sowed the seeds in his land to the extent of 11 acres. But no proof is placed on record to show that the complainant sowed the cotton seeds Y-1 in the land to the extent of 11 acres. Complainant has not placed on record the 7/12 extract for the reason best to known him. In the Panchnama, the Agricultural Officer of Panchayat Samiti has not expressed his opinion with regard to the quality of seeds. It is not disclosed in the Panchnama, as to why germination was to the extent of 20%. It is mandatory on the Agricultural Officer to explain as to why germination was poor. THE Panchnama is silent about the quality of seeds. THEre is variety of reasons for poor germination. THE excess water or excess rain may result into low germination. Similarly, if the land is soft and if seeds are sown below the standard depth, it also affects germination. THErefore, it cannot be said positively or conclusively that the seeds were of sub-standard quality or adulterated. In the absence of positive evidence, one cannot jump to a conclusion merely on the basis of low germination, that seeds were either defective or adulterated. The Committee appointed for investigation into the complaint of seed, supplied to District level consists of: (i) Agricultural Development Officer, Zilla Parishad Chairman (ii) District Seed Certificate Officer Member (iii) Regional/District Manager Maharashtra State Seed Corporation Member (iv) District Seed Officer Hybrid Seed Production Officer Member (v) Co-opted from Agri- cultural Officer, University Member (vi) Quality Control Inspector of the District Member Secretary

THE Panchnama placed on record is signed by the Agricultural Officer of Panchayat Samiti. Agricultural Development Officer, Zilla Parishad, District Seed ''Certification Officer, Regional/District Manager, Maharashtra State Seed Corporation, District Seed Officer, Co-opted Member from Agricultural University and Quality Control Inspector of District were not present at the time of field visit. According to the complainant, the manufacturer of seeds had given guarantee to the extent of 90% germination of the seeds. This does not appear to be correct. THE certificate issued by the Seed Certification Officer, which is placed on record, would clearly reveal that the germination of Cotton seed Y-1 is to the extent minimum 65%. In case of complaint of poor germination it is always necessary to examine very thoroughly, whether failure of germination is due to defects in the seeds supplied, or due to agroclimatic factors. Poor germination does not necessarily always mean defective seed or adulterated seed. Sometimes low germination is caused due to damage by pests and diseases, like shootfly or lack of adequate moisture. In case of complaint of low germination, one has to give proper attention to moisture. Sometimes, inadequate soil moisture or unsuitable temperature such as very low temperature result into failure of germination though seed is capable of germination. It is quite likely that with loose-seed-bed and/or deep placement of seed and/or excessive irrigation also the cause of low germination. For want of proper evidence, the lower Forum should not have allowed the complaint. The order under challenge, therefore, cannot be sustained in law. In the result, we pass the following order: ORDER 1. Appeal Nos. 721/1997 and 662/1997 are allowed. 2. Impugned order passed by the Forum below is set aside. 3. Appellant Mahabeej allowed to withdraw the amount deposited with the Commission. 4. No orders as to costs. 5. Copies of the order be furnished to the parties. Appeals allowed.