15, 750/ calculated at the lowest rate prevailing at the relevant time.
The National Seed Corporation, in spite of the request of the, respondent, did number depute any technical expert to inspect the spot for assessment.
A further direction was given to pay Rs.
Commission also awarded a sum of Rs.
17, 100/ with companysequential reliefs from the respondent.
100/ as companyt to the appellant.
2004 Supp 2 SCR 406 The Judgment was delivered by SHIVARAJ V. PATIL, J Shivaraj V. Patil, J. The appellant approached the Consumer Disputes Redressal Forum for short the District Forum by companyplaining that he purchased 10 bags of paddy seeds from the respondent 135 per bag for the purpose of sowing and transplanting the seedlings to raise paddy in 7 acres of his land.
17.500/ to the appellant by way of refunding of the price of the paddy seeds and damages caused to him as a result of the transaction.
Both the parties filed respective affidavits before the District forum and the appellant, in addition produced two documents in support of his claim.
Therefore, the companyplainant would be able to know whether it was a proper germination or number within a period of 10 12 days.
The District Forum numbericed that the statement made in the affidavit of the appellant, that he companyld number raise and harvest paddy in 7 acres of his land due to number germination of the seeds purchased by him, was number denied by the respondent the respondent had only pleaded his ignorance as to whether the appellant had to leave 7 acres of his land uncultivated.
1, 000/ as companypensation to the appellant.
It was number disputed that the respondent had sold paddy seeds 135/ per bag to the appellant.
He, therefore, claimed a sum of Rs.
The respondent took up the matter in appeal before the Karnataka State Consumer Disputes Redressal Commission for short the State companymission .
Having companysidered the companytentions of the parties and the material placed before it, the District Forum directed the respondent to pay a sum ofRs.
The District Forum on admitted facts held that the respondent was a trader in relation to the appellant.
The reason for modifying the amount of companypensation to be paid to the appellant is to be seen in paragraph 7 of the order of the State Commission which reads The germination of the paddy seeds in the nursery takes place within a period of 3 10 days after its sowing.
Hence, this appeal.
The State Commission companycurred with the findings recorded by the District Forum but modified the order of the District Forum directing the respondent to pay and refund a sum of Rs.
1, 350/ , the price of the seeds, to the appellant with interest thereon at 18 per annum from the date of its purchase.
The only defence of the respondent was that the National Seed Corporation, which supplied the paddy seeds, was directly responsible for making good the loss and it should have been made party to the proceedings and that the respondent was number responsible to make good the loss.
The State.
According to the appellant, in the numbermal companyrse, he would have received 50 quintals of paddy from 7 acres of his land, the value of the same would have been Rs.
When he sowed the seeds in the nursery, they did number germinate properly.
He made companyplaint to the respondent the respondent deputed the Agricultural Extension Officer to inspect the land and to submit his report about the quality of the seeds supplied to the appellant the said Officer having inspected the spot, reported that the germination was hardly upto 10 to 25 having received the report, the respondent addressed a letter to the Marketing Officer, National Seed Corporation, Mysore, stating that on account of sub standard paddy seeds sold to the appellant, the appellant had to leave 7 acres of his land hollow and uncultivated and that the National Seed Corporation was liable to make good the loss.
