Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act Error of law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 1986-Error of law and jurisdiction by lower fora-Effect of-Complaint by farmers against Seed Development Corporation alleging poor germination of seeds-Complaints allowed by District Forum and State Commission-Report of the &pert Committee-National Commission also allowed the complaints but observed the report to be ambiguous and not clearly exonerate the Corporation-On appeal, held: Reading the report of the Expert Committee in its entirety, it is clear that the Expert Committee was satisfied that variation in the condition of crop could not be attributed to the quality of seeds but to other factors-Word 'not' was not inserted in the report unauthorisedly-Therefore, report neither ambiguous nor vague but clear and definite-Hence, lower fora committed error of law and jurisdiction-Complaints liable to be dismissed and compensation granted to be refunded-Constitution of India, 1950-Article 136. Respondent-farmers purchased seeds of wheat from the appellant-State Seeds Development Corporation and sowed them in their fields but germination of seeds was very poor. Respondent filed a complaint seeking compensation. Agriculture Officers issued certificate to the effect that the seeds were of sub-standard quality and germination was poor. Both District Forum and State Commission allowed the complaint. Corporation constituted an Expert Committee which submitted the report that variation in the condition of the crop may not be attributed to the quality of seed but it may be due to other factors viz. high salt concentration, brackish water, moisture content at the time of sowing, sowing method and soil physical conditions etc. National Commission even though observed that the report of the Expert Committee was ambiguous and did not clearly exonerate the Corporation but giving the benefit to the complainant, upheld the orders of District Forum. Hence the present appeal. Respondent-complainant contended that the complaints were allowed after considering the evidence on record and perusing both the reports; that the National Commission was right in observing that the report of the Expert Committee was ambiguous inasmuch as though it stated in the operative part of the report that variation in condition of the crop could be attributed to the quality of the seeds, the word 'not' was added subsequently either to favour the Corporation or to cause prejudice to farmers; and that this Court should not interfere with the orders passed and directions issued. Appellant-Corporation contended that the lower fora committed error of law and of jurisdiction by not considering the report of Expert Committee in its proper perspective; that the National Commission erred in observing that the report was ambiguous; and that the word 'not' was very much there in the report and also in the certified copy, and could not be said that it was inserted subsequently. |
Judge | Hon'ble Mr. Justice C.K. Thakker |
Neutral Citation | 2005 INSC 85 |
Petitioner | Haryana Seeds Development Corpn. Ltd. |
Respondent | Sadhu And Anr. |
SCR | [2005] 2 S.C.R. 181 |
Judgement Date | 2005-02-18 |
Case Number | 1308 |
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