Asif Iqbal
Srinagar, Feb 16 :
Adjudicating a case, dating back to year 2016, regarding supply of defective seeds to a farmer, Consumer Court Kupwara – District Consumer Disputes Redressal Commission – on Friday ruled in favour of the aggrieved farmer, thereby directing the Director Agriculture Kashmir Division, Srinagar and other opposite parties to release a compensation of rupees one lac fifty thousand.
The Coram led by Peerzada Qousar Hussian with Nyla Yaseen as member, in an order, a copy of which lies with GNS, said that the Consumer (Complainant), Abdul Sattar Chopan, had filed his complaint before the Erstwhile Consumer Forum Kupwara on 06-11-2018, alleging therein that the complainant purchased paddy seeds from the Agriculture dept. Kupwara in the year 2016, however, he could not yield the production due to the Blast disease. The complainant accordingly prayed for compensation of Rs.2 lacs for the damages caused due to the defective seeds provided by the O.Ps (dept.).
As per the brief facts of the case, the complainant, “Abdul Sattar Chopan purchased paddy seeds from the Agriculture dept. Kupwara in the year 2016. The complainant sows the said paddy seeds in his field, however, the paddy crops started to dry up immediately as some disease developed suddenly in the paddy fields. The complainant immediately informed the O.Ps (dept.) about the disease outbreak, however, the O.Ps through their field staff applied pesticides in the said paddy fields but that could not yield any fruitful result.”
“It was alleged by the complainant that the paddy seeds supplied by the O.Ps (dept.) were defective and expired due to which the plants of paddy crops dried up cent percent leaving the paddy totally without grains. The complainant has further averred that prior to the year 2016, the said paddy field was producing about 15 quintals of paddy, however, in order to develop the crops and to produce the adequate quantity for his livelihood, he availed even loan of Rs.35,000/- from the J&K Bank but still he could not get any crops from the paddy field due to the defective seeds.”
The complainant had further contended that he approached the O.Ps (dept.) and informed them about the Blast disease which occurred in the field due to the seeds, however, the O.Ps (dept.) deputed the field staff on spot consequent upon which the concerned Agriculture Extension Officer issued a report wherein it was mentioned that the disease was of Blast, due to which 100% of crop was lost. Resultantly the complainant was put to hardships and harassment due to the loss caused by the defective seeds provided by the O.Ps.
“Per contra the O.Ps (dept.) filed the w/v before the Erstwhile Consumer Forum Kupwara, wherein it was contended that 20 kgs of K-448 paddy seeds were sold to the complainant after evaluating parameters pertaining to seed certification standards under Seed Act, 1966, which is prerequisite before the seed distribution with soul aim of providing quality seeds to the farmers. The O.Ps further contended that the same seeds were sold to the other farmers of the area which showed a very good yield as there was an outbreak of Blast disease in the months of July-August which was controlled by the efforts of the Agriculture technocrats at early stage and there was no damage in the paddy fields of the same area. Besides, the O.P’s have contended that two sprays of fungicides were applied to the said field under the supervision of the concerned Agriculture Officer. However, whether the farmer has sown the same seeds issued by the dept. or not and whether the complainant has also followed the standard Agricultural practices or not, could have been authenticated by the Agriculture production dept. or the SKUAST.”
“The complainant adduced two witnesses in support of his claim by way of witness affidavits namely Mohd. Ashraf Chopan son of Aziz Chopan resident of Kulligam, Kupwara, Ghulam Hassan Chopan son of Sadiq Chopan resident of Kulligam, Kupwara and Abdul Sattar Chopan son of Mohd. Sadiq Chopan resident of Kulligam Kupwara (the complainant as witness in his own case), the witnesses in the witness affidavits stated that the complainant is personally known to them and the complainant has no other source of income, however he has 6 kanals of land. He purchased paddy seeds from the Agriculture dept. Kupwara in the year 2016 and sowed the same seeds in his paddy fields as per the parameters prescribed by the Agriculture dept. but he could not get any crops from the said fields despite applying the fungicides and he suffered a huge loss due to the same seeds”, reads the order.
“The witness Ghulam Hassan Chopan stated that the complainant purchased paddy seeds from the Agriculture dept. in the year 2016 but the said paddy seeds were defective due to which the complainant couldn’t get any products as there was a Blast disease, although the complainant worked very hard to sow the seeds as per the prescribed standard and parameters. He also applied fungicides but suffered loss as he could not yield any production due to the defective seeds supplied by the O.Ps (dept.).”
“The complainant Abdul Sattar Chopan, as witness in his own case stated in the affidavit that he purchased paddy seeds from the Agriculture dept. Kupwara in the year 2016 for his six kanal land with the aim to get the adequate quantity of production. Although he sowed the paddy seeds in accordance with the directions of the Agriculture dept. but he couldn’t yield any production from the said field because the paddy seeds supplied by the O.Ps (dept.) were of sub-standard and expired. The witness further stated that despite his hard work and efforts, he suffered loss of rupees two lacs due to the defective seeds provided by the O.Ps (dept.). The witness further stated that he being a poor person couldn’t feed his family who are wholly and solely dependent on the Agricultural land production as he has no other source of income. The witness further stated that paddy seeds supplied by the O.PS dept. had initially caused the Blast disease and the O.Ps dept. have cheated the complainant by issuance of such defective seeds”, reads the facts of the case.
Adjudicating into the matter, the Coram in its order said that, “We have examined the entire material on record and given a thoughtful consideration to the arguments advanced by the complainant’s Counsel before us. Since, a material factor involved in the instant case is that the complainant purchased paddy seeds from the O.P’s (dept.) in the year 2016 so as to get the adequate quantity of production and to feed his entire family, however, after sowing the said seeds a Blast disease abruptly developed in the field due to which the complainant couldn’t yield the expected production. However, when the complainant found that his crops were not growing well, he approached the O.P’s (dept.) concerned with his complaint. Consequent upon which the ops dept. deputed the field staff on the spot.”
“Pertinently the Agriculture Extension Officer, Zone Khurhama, submitted a report to the dept. where under it was mentioned that there was a Blast disease due to which six kanal land of the complainant was 100% affected, which fact was also endorsed by the Tehsildar, Lalpora.”
“Since, the O.Ps (dept.) was under obligation to ensure that the paddy seeds to be supplied to the farmers are of standard quality as prescribed under Seeds Act, 1966, therefore, supplying the defective paddy seeds to the farmers amounts to unfair trade practice”, the order reads.
Disposing off the matter, the Coram said that, “In view of the above facts and circumstances of the case and also relying on the authenticity of the report given by the Agriculture Extension Officer, Khurhama and the concerned Tehsildar, we are of the considered view that the O.Ps (dept.) is liable to compensate the complainant for the loss suffered due to the supply of defective seeds. As such the complaint of the complainant is allowed and disposed off with the following directions: 1) The O.Ps (dept.) are directed to pay an amount of Rs.1 lac (Rupees One Lac only) as compensation to the complainant within 4 weeks from the date the copy of this Order is served upon them, failing which the amount of compensation shall carry an interest @10% from the date of Order till its realization; 2) The O.Ps (dept.) are further directed to pay an amount of Rs.50,000/-(Rupees Fifty Thousand only) for putting the complainant into mental agóny, harassment and also for litigation charges.” (GNS)