Case nº Revision Petition No. 3115 Of 2016, (Against the Order dated 22/07/2016 in Appeal No. 508/2015 of the State Commission Maharastra) of National Consumer Disputes Redressal Commission, November 25, 2016 (case Prerna Vs 1. Seed Works India Pvt. Ltd. and Anr 2. Vithal Krupa Krushi Seva Kendra)
| Judge | For Appellant: Mr. Shashibhushan P. Adgaonkar, Adv. |
| President | Mr. K.S. Chaudhari,Presiding Member |
| Resolution Date | November 25, 2016 |
| Issuing Organization | National Consumer Disputes Redressal Commission |
Order:
K.S. Chaudhari, Presiding Member
1. This revision petition has been filed by the petitioner against the order dated 22.07.2016 passed by the Maharashtra State Consumer Disputes Redressal Commission, Circuit Bench at Aurangabad (in short, ''the State Commission'') in Appeal No. 508/2015 -- Smt. Prerna Vs. M/s. Seed Works India Pvt. Ltd. by which, appeal was dismissed.
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Brief facts of the case are that complainant/petitioner is a farmer having irrigated land in survey no. 38 of village Waluj (khu.). On 24.12.2012, she purchased 15 sealed packets of cauliflower seeds of the variety of US-5010 each containing 10 gms bearing lot No. 1124104 from the opponent/Respondent no. 2 dealer, as manufactured by opponent/Respondent no. 1 seed company. That as per the procedure firstly she developed the plants of cauliflower and thereafter in between 28.01.2013 to 04.02.2013 she transplanted the said plants as inter cropping between the newly planted banana in three acres of said land. That there was a visitative growth but none of the plants bore fruits i.e. bulbs. The complainant had contended that the opponent dealer had assured minimum yield of 50 quintals of cauliflower per acre, but as the plants did not bear the fruits there was no any yield. Hence, she contended that considering the expected yield of 150 quintals from three acres and the then market price at Rs. 4 to 5 thousand per quintal she had a loss of income at about Rs.7,50,000/- and further Rs.90,000/- which she had spent for cultivation of the said crop. She had therefore reported the same to the Taluka Agriculture Officer. Accordingly the Taluka Agriculture Officer carried out inspection in presence of Agriculture Officer, Quality Control of Panchayat Samiti, Gangapur, Asst. Horticulturist along with other officers. In the report submitted by Taluka Agriculture Officer it has been clearly mentioned that the seeds were faulty. Alleging deficiency on the part of OPs, complainant filed complaint before District Forum. OPs resisted complaint and submitted that the Agriculture Officer along with others has inspected the disputed crop on 9.7.2013 i.e. after harvesting period of the crop of cauliflower. It was submitted that as per the information displayed through the pamphlets, the harvesting period of the cauliflower is about 75 to 80 days. That according to the complainant the plants of cauliflower were transplanted in between 28.1.2013 to 4.2.2013. Therefore, considering the...
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