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Maharashtra Hybrid Seeds Co. Ltd. v. Alavalapati Chandra Reddy .

Supreme Court of India · 18 August 1998

Court
Supreme Court of India
Decided
18 August 1998
Case no.
C.A. No. 5163 of 1995
Bench
K. Venkataswami
Length
3 pages
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PETITIONER:
M/S MAHARASHTRA HYBRID SEEDS CO. LTD.
Vs.
RESPONDENT:
ALAVALAPATI CHANDRA REDDY & ORS.
DATE OF JUDGMENT: 18/08/1998
BENCH:
K. VENKATASWAMI

ACT

HEADNOTE

JUDGMENT

JUDGMENTK. Venkataswami, J.

The appellant-company, aggrieved by the summary dismissal of its Revision Petition No. 225/93 on 27.7.93 by the National Consumer Disputes Redressal Commission, New Delhi, has filed this appeal by special leave.

The respondents 1 and 2 moved the District Forum, Cuddapah, in Consumer Dispute No. 441/91, complaining that the sum-flower seeds produced by the appellant and sold through the third respondent, on sowing, did not germinate by reason of defects in the seeds. They claimed, apart from the cost of seeds, a compensation of Rs. 5,000/- per acre from the appellant. The claim was resisted, inter alia, contending that the seeds Act, 1966 and the Rules framed thereunder being a complete Code, provides remedies to the aggrieved party and, therefore, the complaint preferred before the District Forum was not maintainable. It was also contended that the test to find out the correctness of the complaint regarding defective seeds as provided under Section 13(1)(C) of the Consumer Protection Act, 1986 has not been adopted and without that, the appellant cannot be held liable for compensation. It was further contended that the complainants are not consumers inasmuch as the purchase of t he seeds itself was for growing the sum-flower plants for commercial purpose. The District Forum, on a consideration f the materials placed before it, held that the appellant was liable to pay compensation at the rate of Rs. 2,000/- per acre in addition to the cost of the seeds.

Aggrieved by the order of the District Forum, the appellant-company preferred an appeal before the State Commission, Andhra Pradesh at Hyderabad. The State Commission elaborately considered the contentions raised before it and ultimately affirmed the order of the District Forum. The further revision before the National Forum, as noticed above, was dismissed summarily.

We would have appreciated the National Forum, had it discussed the matter on merits and disposed of the same after considering the question of law raised before it. Unfortunately, the National Forum has summarily dismissed the Revision Petition. The question of law raised, namely, whether respondents 1 and 2 were justified in moving the Consumer Forum for redressal on the facts of the case, is not free from doubt. However, we do not consider it necessary to decide that question of law in this case as the findings of the State Commission on facts stare at the appellant, which cannot be lightly brush ed aside. The State Commission, on the materials placed before it, found as follows :-

"In this case, the complainants

alleged that they have purchased

the seeds from the opposite

parties. To this extent, there is

no dispute. According to the

complainants, they purchased the

seeds and sowed them. The

Agricultural Officer reported to

the first opposite party on

22.11.1991 through a letter which

mentioned that he sent the ryots of

which mentioned that he sent the

ryots of Lingala to them to

purchase the sun flower seeds on

permits. But those seeds have not

germinated and that he personally

went and saw. He therefore wrote

the above letter asking the

opposite parties to give

compensation to them. It was

further mentioned compensation to

them. It was further mentioned that

they would be visiting the place on

27th. But they have not visited the

place. To the aforesaid letter, no

reply was sent by the opposite

parties. Thus, it is clear that it

is on the permit granted by the

Agricultural Officer that the

complainants purchased seeds from

the opposite parties and that the

same Agricultural Officer visited

the land and found that there was

no germination. In view of the

letter written by the Agricultural

Officer to the opposite parties to

which they sent no reply it is

clear that the same seeds that were

purchased from the opposite parties

were sown and they did not

germinate. In view of the aforesaid

letter of the Agricultural Officer,

the District Forum felt that the

seeds need not be sent for

analysis. Moreover, if the opposite

parties have disputed that the

seeds were not defective they would

have applied to the District Forum

to send the samples of seeds from

the said batch for analysis by

appropriate laboratory. But the

opposite parties have not chosen to

file any application for sending

the seeds to any laboratory. Since

it is probable that the

complainants have sown all the

seeds purchased by them, they were

not in a position to send seeds for

analysis. In these circumstances,

the order of the District Forum is

not vitiated by the circumstances

that it has not on its own accord

sent the seeds for analysis by an

appropriate laboratory.

...................................

.........................

It is clear from the letter of the

Agricultural Officer that the

opposite parties in spite of their

promise never visited the fields of

the complainants. The opposite

parties did not adduce any material

to show that the complainants did

not manure properly or that there

is some defect in the field. In the

absence of such evidence and in

view of the conduct of the opposite

parties not visiting the fields and

having regard to the allegation on

the complaint that there were rain

in the month of September, 1991 and

the complainants sowed the seeds

and its cannot be said that there

is any defect either in the manure

or in preparation of the soil for

sowing sunflower seeds."

In the light of above findings and in view of the conduct of the appellant in this case, we do not consider that we should exercise our jurisdiction under Article 136 of the Constitution of India to interfere with the order under appeal. Accordingly, we leave the question of law open, to be decided in an appropriate case and dismiss the appeal on the facts of this case. There will be no order as to costs.

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