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Defective Rubber Saplings; Kollam District Commission Directs Nursey To Refund, Awards Rs 50,000 Compensation To Farmer
Apoorva Pandita
31 Oct 2023 10:00 AM GMT
The Kollam District Consumer Disputes Redressal Commission, presided by Smt. S.K. Sreela with Smt. S. Sandhya Rani and Mr. Stanley Harold as members, allowed a consumer complaint filed by a senior citizen farmer against a Rubber Nursery. The farmer initially requested 225 rubber saplings of a specific variety but received defective ones. It was later discovered that some of the...
The Kollam District Consumer Disputes Redressal Commission, presided by Smt. S.K. Sreela with Smt. S. Sandhya Rani and Mr. Stanley Harold as members, allowed a consumer complaint filed by a senior citizen farmer against a Rubber Nursery. The farmer initially requested 225 rubber saplings of a specific variety but received defective ones. It was later discovered that some of the delivered saplings were of a "low-yielding variety." Not only this, the seller also imposed a 5% GST charge, despite the farmer's assertion that agricultural saplings are exempted from GST.
While recognizing the importance of farmers in our society, the Commission found the Rubber Nursery liable for not providing the right saplings, holding them negligent in their service. As a result, the Nursery was directed to refund the advance payment and the GST charges along with compensation of Rs. 50,000/- to the farmer.
Brief Facts
The complaint was filed by a farmer named K. Vasudevan (a senior citizen) who wanted to buy 225 rubber saplings of a specific type, "RR-11-105", to plant on his wife's property. He agreed to pay a total of Rs 3,000/-, which included Rs 300/- for transportation and made an advance payment of Rs 2,000/-. However, when the rubber saplings were delivered, some of them were damaged. The farmer informed the Nursery (Opposite Party) and they promised to replace the defective saplings, but later failed to do so.
In August 2022, when Vasudevan needed a bill for financial assistance related to rubber planting, the seller insisted on adding a 5% GST charge. Despite his assertions that no GST applies to agricultural seedlings, the Nursery insisted on the charge. As a result, Vasudevan was forced to pay Rs. 788/- extra. During this time, a “Rubber Board Field Officer” inspected the saplings that were already planted and discovered that two different types were planted, not just the "RR-11-105" variety that was ordered. When the complainant asked for the correct saplings, he faced insults from the seller. Following all this, Vasudevan filed a consumer complaint seeking compensation for the losses and extra costs incurred.
Observations of the Commission
As the Rubber Nursery failed to respond to the notice from the District Commission, the case proceeded ex parte, and the decision was based on the presented facts and evidence.
The Commission acknowledged the remarkable determination of the 76-year-old farmer, who actively pursued justice despite his age, appreciating his resilience. In contrast, the Rubber Nursery's actions, which forced a senior citizen to seek redress from the Commission, were found to be a gross deficiency in service. The Kollam Commission concluded that the Rubber Nursery had indeed breached the contract, thereby awarding compensation of Rs. 50,000/- to the complainant. Additionally, the Rubber Nursery was directed to refund the initial payment and the GST charges, in addition to this compensation amount.
If the Nursery failed to comply within 45 days, interest at a rate of 12% would apply from the date of the order.
Case Title: K. Vasudevan Pillai vs. Manager, Punnakkalayil Rubber Nursery
C.C. No. 276/ 2023
