REGIONAL MANAGER, RAJASTHAN STATE SEEDS CORPORATION vs LATOOR LAL

THIS appeal has been filed by Regional Manager and Managing Director, Rajasthan State Seeds Corporation against the order of the District Forum, Kota dated 9.10.92 awarding a sum of Rs. 20,000/- as compensation as against the appellants for supplying defective seeds.

THE complaint was filed by two complainants namely Latoor Lal and Harishankar alleging that they had purchased CSH-5 Shankar Jawar seeds from opposite parties Nos. 1 & 2 through various bills as detailed in the complaint. Lot No. of the seeds was 154 and the same had been certified by the Rajasthan State Seeds Corporation. THE seeds purchased were sown by the complainants in their agricultural land, but the crop did not pay any yield even after 110 days. THE plants had gone to high to the extent of 11 to 14 feet. THE seeds of "Shankar Jawar" yields the crop when the plants grows upto 6 or 7 feet. However, the plants of the seeds purchased by the complainant did not yield the crop. According to the complainant, the seeds were defective and he claimed a total compensation of Rs. 62,820/-. Opposite Party Nos. 1 & 2 in the complaint were Manager, Sangod Kraya Vikraya Sahakari Samittee and M/s. Jagdish Prasad Sanjay Kumar who were dealers in seeds in Kota and from them the two complainants had purchased these seeds. They filed their version before the District Forum stating that they had purchased these seeds from M/s. Rajesh Traders who was wholesale authorised dealer from Rajasthan State Seeds Corporation and the seeds were certified by the said Corporation. It contained the label and seal of the Corporation. Version was also filed by the Rajasthan State Seeds Corporation wherein it was mentioned that the complainant had not disclosed as to how much crop he could get from the seeds sown by him and how much fodder he could get from the plants. It was also stated that there was no description of certification of the seeds. The Corporation also stated that the complainants harvested the crop prematurely and did not allow the same to fully grow. Despite that, it was stated that the Rajasthan State Seeds Corporation by its order dated 30.4.90 had decided to give five times for the seeds purchased by the complainants.

The District Forum has found that these seeds were defective. It has also found that had the seed been not defective, the complainant would have got 100 quintals Jawar crop and he suffered loss @ Rs. 200/- per quintal. As the seeds were certified by the Rajasthan State Seeds Corporation, the District Forum awarded a sum of Rs. 20,000/- as compensation against opposite parties Nos. 3 & 4. It did not pass any order as against opposite parties Nos. 1 & 2. Aggrieved by this order opposite parties Nos. 3 & 4 have filed this appeal.

THE appellant''s Counsel was present on the previous dates including on 23.1.95. However, non appeared for the appellants on 24.2.95 and today. Only Counsel for opposite parties Nos. 1 & 2 is present against whom the District Forum has not passed any orders. We have gone through the record of the District Forum and the evidence adduced therein. There is a document on the record relating to "Shankar Jawar". It is mentioned in the document that crop of Shankar Jawar becomes ripe from 100 to 150 days and the crop yielded by this seed is 40 to 50 qntl. per hectare. The plants attain the height of 150 to 200 cm.

THERE is also a report of the Asstt. Director, Agriculture (Extension) Ramganj Mandi, Kota dated 25.9.89 which mentions that on account of wrong distribution of Shankar Jawar CSH-5 seeds, there was great agitation amongst the farmers. He, therefore, recommended that correct seeds may be supplied to the farmers and correct information may be collected in the proforma attached to the letter for being sent to the Government. The complainant filed the bills under which they had purchased Shankar Jawar CSH-5 seeds from opposite parties Nos. 1 & 2 and also proved their case by affidavits. The Rajasthan State Seeds Corporation in its version has said that by order dated 30.4.90 of the Corporation, it was decided that five times seeds would be given by the Corporation. Thus it is amply proved from the report of the Asstt. Director, Agriculture (Extension) Ramganj Mandi as well as the version of the Corporation itself that the seeds were defective and that was why that the complainants could not get the crop of "Shankar jawar". As the seeds were certified by the Rajasthan State Seeds Corporation, it was liable to compensate the complainants for the loss suffered by them. The District Forum was right in awarding Rs. 20,000/- as compensation to the complainants as against the appellants. This appeal has no merit in it and it is hereby dismissed. Appeal dismissed. ______________