Case: Nath Seeds Ltd. and Ors Vs. The Malaprabha Neerwani Balakedara Co-operative Sangh Ltd

1. The Malaprabha Neerwani Balakedara (Irrigation Consumer) Co-operative Sangh Ltd. Respondent in the appeal herein, filed a petition before the National Consumer Disputes Redressal Commission (the Commission) on behalf of 201 farmers wherein it was complained that the Appellant supplied spurious cotton seeds called Shiv Nath Branch of cotton seeds which resulted in failure of crop and the farmers suffered huge losses. The Commission appointed Two-men Committee to record evidence and submit a report. One of the members of the Committee was the Vice-Chancellor of the Agriculture University Bangalore. Relying upon the report of the Committee the Commission found substance in the complaint and passed the following order:  have gone through the report of the Commissioners and find that they have considered all the relevant evidences. Their findings are not vitiated in any manner. Therefore, we uphold the report of the Commissioners. The Commissioners have prepared a statement showing the estimated loss incurred by the farmers of Arekurhatti Village due to Shiv Nath cotton seeds grown during 1988-89. That statement is at pages 40 to 46 of the report of the Commissioners. Names and addresses of farmers who incurred loss on account of sowing of Shiv Nath Cotton Seeds supplied by M/s. Nath Seeds Ltd., i.e. the Company has also been prepared by the Company and it is at page 47 to 49.  We order that both the lists shall form the part of this order. The various farmers mentioned in the list are awarded amounts as estimated by the Commissioners in the list which is at pages 40 and 46 of the report. These amounts will be payable by the Opposite Parties Nos. 5 to 7 jointly and severally within two months of the receipt of this order. The complainant is also allowed Rs. 5,000/- as costs of the present proceedings from the said Opposite Parties.

Reasoning: 2. We have heard Mr. G.L. Sanghi, learned Senior Advocate appearing for the Appellant. He has taken us through the report of the Committee, the order of the Commission and other relevant material on the record.