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Madhya Pradesh High Court · body

2009 DIGILAW 1169 (MP)

Pramila S. Kumar & Smt. Neerja Singh v. Indar Singh

2009-10-06

S.K.KULSHRESTHA

body2009
JUDGMENT S.K. Kulshrestha, J. 1. These appeals assail the order dated 11-10-2005 of the District Forum, Indore in Case Nos. 301/2004 and 302/2004. The cases relate to non-germination of the seed purchased from the opposite party No. 3-Seva Sahakari Sanstha Mydt., Khudel Bujurg, Tehsil and District Indore. 2. The case of the complainants in short, before the District Forum was that the seed of wheat purchased by them was of below the standard quality. However, on assurance being given by the opposite party No. 2, the complainants had sown the seeds in their fields, but they shocked to find that the crop was growing of mixed quality and part of the seed was not of standard quality. A certificate of the laboratory was also appended to the effect that damage to the crop caused to the complainants in 1x 1 meter is 16.9%. 3. As per the case of the complainant (Inder Singh) he had sown the seeds in his 16 bighas field and 112 quintals of mixed wheat crop was produced and in selling this mixed what crop, he suffered loss of Rs. 200/- per quintal, total 112 x 200 = Rs. 22,400/-. According to the/complainant (Shivnarayan), he had sown the seeds in his 10 bighas field and 70 quintals of mixed wheat crop was yielded and in selling this mixed wheat crop, he suffered loss of Rs. 200/- per quintal, total 70 x 200 = Rs. 14,000/-. As per the report it is established that due to defective seeds mixed wheat crops were produced and the complainants suffered loss. It is for this deficiency in selling the defective seeds the complainants are entitled to compensation. We are, therefore, of the view that complainant-Inder Singh is entitled to receive Rs. 22,400/- as compensation and Shivnarayan Rs. 14,000/-. 4. Accordingly the Appeals No. 2046/05 and No. 2047/05 filed by the complainants arc partly allowed and Appeals No. 2037/05 and 2038/05 filed by the opposite party Nos. 1 and 2 arc dismissed. There shall be no order as to costs of these appeals.