Crop Failure: NCDRC Orders Additional Compensation To Farmers [Read Order]

NCDRC was hearing revision petitions directed against the orders passed by the State Commission whereby compensation quantified at Rs.1,20,000 for the loss of crop, along with compensation quantified at Rs.21,000 for mental harassment and the cost of litigation quantified at Rs.11,000 was awarded in one consumer complaint and compensation for the loss of crop quantified at Rs.30,000, along with compensation for mental agony quantified at Rs.11,000 and the cost of litigation quantified at Rs.5500 was awarded in the other consumer complaint.

Background

The complainants/respondents purchased 180 Kgs of Gwar seeds from the petitioner. The seeds were sown by them in their respective agricultural land but the crop was not upto mark. The said seeds had been manufactured by respondent no. 2 and according to the complainants; they were assured by the petitioner that the seeds would give proper yield of 8 to10 quintals per acre.

This was also the case of the complainants that while sowing the seeds, they had followed proper instructions and procedure and had taken due care and precautions required for the said crop. They also claimed that they had prepared the fields, ploughing them three times in order to get better yield. On complaints made by the complainants to the Agriculture Department, an inspection was carried out by their team on 26.09.2012 and they found the plants to be of different variety. About 60-70% of the plants had high growth without any fruits. Being aggrieved from the financial loss suffered by them on account of insufficient yield, the complainants approached the concerned District Forum by way of two separate Consumer Complaints.

The complaints were resisted by the petitioner which claimed that there was no defect in the seeds sold to the complainants. It was also alleged that no notice of the inspection was received by them from Agriculture Department which was in violation of the directions contained in the letter dated 03.01.2002 issued by Department of Agriculture, Haryana.

The District Forum having dismissed the complaints, the complainants approached the concerned State Commission by way of two separate appeals. Vide impugned order dated 23.10.2017, the State Commission allowed the appeals relying upon several decisions of NCDRC. In one consumer complaint, the petitioner was directed to pay Rs.30,000 as compensation alongwith Rs.11,000 for mental harassment and the cost of litigation quantified at Rs.5,500. In other, the petitioner was directed to pay Rs.1,20,000 as compensation alongwith Rs.21,000 for mental harassment and the cost of litigation quantified at Rs.11,000. Being aggrieved from the aforesaid order, the petitioner approached NCDRC by way of these two revision petitions.

The revision petitions filed by the respondents against the impugned order were dismissed by the Commission vide its order dated 14.6.2018. Pursuant thereto, the respondent had already complied with the order passed by the State Commission by making full payment in terms of the said order to the petitioner. However, since the petitioners were not satisfied with the quantum of the compensation awarded to them by the State Commission, they approached NCDRC by way of these revision petitions. Since there was delay of 257 days in filing the revision petitions, complainants/petitioners sought condonation of the said delay citing sufficient cause, which was accepted by the Commission.

"Considering the fact that the petitioners are poor farmers and also considering that the State Commission did not award even the minimum price of the crop to them while assessing the compensation for the loss of the crop, the delay in filing the revision petitions is condoned."

Order

Commission upon perusal of the challenged order found in the consumer complaint filed by one Vinod Kumar that there was loss of Gwar to the extent of at least 20 quintals. It was pleaded in the complaint that the price of Gwar at the relevant time raised from Rs.17,000 to Rs.33,000 per quintal. The said averment was not disputed in the reply filed by the respondent before the District Forum.

Presiding member Justice V.K.Jain considering it noted that even if the compensation for the loss of the crop is calculated @ Rs.17,000 per quintal, the compensation for the loss of crop itself would come to Rs.3,40,000 in the consumer complaint filed by Vinod Kumar whereas it will come to Rs.1,02,000 in the consumer complaint filed by Mr. Vijay Kumar. It accordingly modified impugned order to the extent that in addition to compensation for the mental harassment and cost of litigation awarded by the State Commission, the petitioner in namely, Vinod Kumar will be entitled to compensation amounting to Rs.3,40,000 for the loss of crop, whereas the complainant namely, Vijay Kumar will be entitled to the compensation of Rs.1,02,000 in addition to the compensation for mental harassment and the cost of litigation awarded by the State Commission. The balance payment to the complainants, it directed, shall be made within eight weeks from the date of the order, failing which it shall carry interest @ 9% p.a. from the date of institution of the complaint. It disposed of the revision petitions accordingly.

Petitioners were represented by advocate Sanchar Ahmad and respondent(s) by advocate Mansi Bajaj & Nidhi Tyagi in the case.

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