No Defects In The Onion Seeds Sold By NHRDC: NCDRC Confirms The Order Of State Commission

The National Consumer Dispute Redressal Commission (NCDRC) bench comprising Justice R.K. Agrawal(President )and Dinesh Singh (Member) has dismissed the Revision Petitions against National Horticulture Research and Development Centre and upheld the Order passed by the Haryana State Commission. The complainant (Vimal Kumar) purchased 8 kg onion seeds @ ₹300/- per Kg. from the office of National Horticulture Research and Development Centre /Opposite Party No.2 at Karnal. At the time of harvesting the onion crop, he noticed that neither the quality nor the quantity was as per expectation. Hence, he could not sell the onion as per the market rate. Vimal Kumar stored the remaining onion crop in his house, where two ceiling fans were installed. He was waiting for the rise in the price of onion. Due to the poor quality of the seeds, he couldn’t store the onion for a longer period. Accordingly, the complainant (Vimal Kumar) sold the onion crop in the market at cheaper rate and allegedly suffered a loss of ₹2.00 Lakhs. The complainant alleged that there was deficiency in service on the part of the National Horticulture Research and Development Centre /Opposite Parties in selling inferior quality onion seeds to the Complainant, which has resulted in the huge loss. Vimal Kumar/complainant filed the complaint before the District Commission, Karnal seeking compensation of ₹2.00 Lakhs towards loss suffered and the equal sum towards mental and physical stress. National Horticulture Research and Development Centre /Opposite Parties submitted that Satyender Singh/Deputy Director inspected the room wherein the onion was stored and found that the room used to store the onion crop was closed. The room was not having the provision of ventilation except two ceiling fans. As per the Onion Storage book filed along with the Written Version, the onion should be stored in an airy and open place. After hearing both the parties, the District Consumer Disputes Redressal Commission, Karnal held that there was deficiency of service and directed the National Horticulture Research & Development Centre to pay Rs.60,000/- along with 9% interest per annum from the date of filing of the Complaint, till its realization and a further sum of Rs.5000/- as litigation charges to the complainant . The Order of the District Forum was challenged by both the parties. The complainant filed Appeal seeking enhancement of the compensation while National Horticulture Research & Development Centre filed appeal for setting aside the Order of the District Commission. After hearing both the Parties and perusing the documents, the State Commission observed that the Complainant had not followed the procedure for storage of the onion and kept the onion in a room in bags without proper ventilation. It further observed that the procedure adopted by the Complainant for storing the onion was improper due to which the onion got damaged and at that later stage the Complainant can’t take a plea with respect to the inferior quality of onions seeds., It cannot be said that the damage to the onion crop was due to defect of the seeds. Consequently, the Haryana State Commission set aside the Order passed the District Commission and allowed the Appeal preferred by the National Horticulture Research & Development Centre and dismissed the Appeal filed by the Vimal Kumar/Complainant. Mr. Vimal Kumar /Complainant finally filed the Revision Petitions against the Order of the Haryana State Consumer Disputes Redressal Commission. NCDRC considered 2 issues while deciding the Revision Petitions. 1. Whether the damage to the Complainant’s onion crop was on account of inferior quality of the seeds sold by the Opposite Parties 2, The damage was because of improper method of storage resorted to by the Complainant. NCDRC observed that the damage to the Complainant’s onion crop was not on account of the seeds sold by the Opposite Parties and accepted the stand taken by the Opposite Parties that the damage to the crop was on account of improper method of storage resorted to by the Complainant. NCDRC, therefore, dismissed the Revision Petition filed by the complainant. Case Name: Vimal Kumar Vs Director, National Horticulture Research & Development Centre & Anr. Case No. Revision Petition No. 4033 Of 2011 Decided On: 20.03.2023 Click Here To Read/Download Order

No Defects In The Onion Seeds Sold By NHRDC: NCDRC Confirms The Order Of State Commission

Sindhu.T.P

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