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BEFORE DISTT. CONSUMER DISPUTE REDRESSAL FORUM

UDHAM SINGH NAGAR

Complaint No. 40 of 2010

Tameez Ullah Khan aged about 51 years S/o Shri Bunda Khan R/o

Village Singothi Pargana Richha Tehsil Baheri Distt. Bareilly at present

residing at Mohalla Wale Khan Qasba Richha Tehsil Baheri Distt.

Bareilly.

Complainant…..

VERSUS

1) Kesar Enterprises Ltd., (Seed Division situated Khurpia Agricultural

Farm Kichha USN (U.K.) through its General Manager.

2) Kesar Enterprises Ltd. Branch office situated at Kesar Chini Mill

Qasba and Tehsil Baheri, Distt. Bareilly through Filed Manager Shri

Bhupendra Singh.

Opposite Party……

Sir,

The Complainant above named begs to submit as under :-

1) That on 31/10/2008 the complainant had demanded wheat seed

known as PBW-343 for sowing in his Agricultural Land situated at

Vill. Singothi, Pargana Richha, Tehsil Baheri, Distt. Bareilly from

OP No. 1 through OP. No. 2 But the OP informed and assured the

complainant that the yield of wheat seed known as A-D2329 is

much better than wheat seed PBW-343 and the growth will be 22

Qtl. Per Arc.

2) That on the aforesaid assurance the complainant had taken 12 Qts

A.D. 2329 Wheat seed @ Rs. 2500.00 per Qt. amounting to Rs.

30000.00 for sowing in his agricultural land situated at Vill.Singothi

Pargana Richha Tehsil Baheri Distt. Bareilly which was delivered to

Complainant on 31/10/2008 vide Gate Pass serial No. 1743.

3) That the complainant sowed the said Wheat Seed in his 25 Arcs.

Land under the supervision of OP No. 2 field Manager Shri

Bhupendra Singh.

4) That an agreement in between complainant and Ops tooks place

that Ops had purchase entire wheat crop grown in complaints land

@ fixed by the Govt. after deducting the cost of Wheat Seed

amounting to Rs. 30000.00 remaining amount shall be paid to

complainant .

5) That OP No. 2 obtained Receipt from OP No. 1 and issued store

dispatch Challan No. 154 dated 15/11/2008.

6) That on assurance of Ops complainant had purchased wheat seed

AD2329 wheat was sowed in super vision of OP No. 2 but their

trilling did no appears and as such it presumed that the crop will be

very nominal therefore firstly complainant sent a regd. Notice dated

18/01/2009 through his Advocate on 19/01/2009.

7) That the complainant sent a letter dated 18/03/2009 in respect of

aforesaid seed which remained unanswered.

8) That the complainant served another notice on 31/03/2009 through

his Advocate Sri Gajraj Singh whereby stated that at the time of

purchase of Wheat seed AD2329 the complainant was informed

that the yield of aforesaid wheat seed will be 22 Qtl. Per Arc. While

after sowing the aforesaid seed no trilling grown up and as such it

presumed that the growth will be only 3 to 4 Qtls. Per Arc. So that

Ops should present on 03/04/2009 at the time of harvesting the

wheat Crop so that the loss of complainant be assessed.

9) That inspite of service of aforesaid Notice on Ops the Ops or any of

their representative did not come at the time of harvesting the Crop

on 31/03/2009, after cutting the entire crop of wheat in 25 Acrs only

85 Qts. wheat recovered.

10) That the complainant got only 85 Qtls. wheat in lieu of 550 Qtls

wheat as assured by OPs. and as such wheat crop lets 465 Qtls.

Due to wrong supplied wheat by OPs.

11) That the complainant had suffered a loss of 465 Qtls. Wheat @

10.80 Paisa/Govt. Rate amounting to RS. 5,02,200.00.

12) That the OPs had delivered 12 Qtls. Wheat seed to complaint @

2500.00 per Qtls amounting to Rs. 30000.00 Thus after deducting

the said amount of Rs. 30000.00, a sum of Rs. 472200.00 remain

due upon OPs and the OPs are liable to pay a sum of Rs.

472200.00 to the complainant.

13) That if the OPs did not assumed the complainant that the yield of

wheat seed AD2329 will be 22 Qtls per Acrs than in that case the

complainant did not purchased the aforesaid wheat seed in lieu of

PBN 343 and as such the losses incurred therein comes under the

purview of deficiency in service.

14) That the complainant sowed the wheat seed given by OPs and

inspite of repeated request and reminders, notices the OPs did not

made any spot inspection and as such this act of OPs also comes

under the preview of deficiency in service by the OPs.

15) That cause of action for filing present case accrued on 03/04/2009

when the complainant got 85 Qtls. Wheat in lieu of 550 Qtls. Wheat

and still continued.

16) That the case is valued at Rs. 472200.00 being losses incurred as

stated herein above and accordingly the requisite court fee is being

paid through draft Banker’s Cheque according to law.

17) That the complainant that filed a case before Distt. Consumer

Disputes Redressal Forum, Bareilly which was registered being

No. 22/09/2009. The case was dismissed on 20/02/2010 on the

ground that Distt. Consumer Disputes Redressal Forum, Bareilly

has got no territorial jurisdiction.

18) That this Hon’ble forum has got jurisdiction to entertain try and

dispose off present complaint.

19) That present complaint is within time.

20) That the complainant prays for the following.

RELIEFS

A. That a decree for Rs. 472200.00 alongwith interest @ 12% be

passed in favour of complainant against the OPs.

B. That cost of the case be awarded to complainant as against the

OPs.

C. That any other relief, reliefs to which the complainant may be

found entitled to be given effect to.

__________________

VERIFICATION

I above name complainant do hereby verified that the contents of para

No. 1 to 15, 17 of complaint are correct & true to my personal knowledge

and the contents of para No. 16, 18, 19 are based on legal advice

tendered to me by my counsel which I believe to be so true.

Verified at Rudrapur Distt. Udhamsingh Nagar.

Dated :

_______________

vkumar@kesarindia.com

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