LAW FOR ALL

the petitioners who filed the complaints before the District Forum, are agriculturists and their land is situated in village Nagamtha. It is the contention of the complainants that the representative of the respondent company at Shrirampur, approached them and suggested to participate in their seed production programme for JRO-524 variety Jute crop during kharif season. The respondent was to arrange at their expense all the operations such as land preparation, sowing, manuring, plant protection, harvesting etc. The complainants / petitioners were assured a minimum procurement price of Rs.1,000/- per quintal of seed produced. The average yield assured by the respondent company by using JRO-524 variety seed supplied by them was 8 to 10 quintal per acre. The petitioners participated in the seed production programme for a total area of 25 acre and accordingly, the name of the petitioner no. 1 was registered under the programme with the respondent company. The petitioners purchased 21 kg. of the said variety of seeds @Rs.20 per kg. from the respondent company. They also paid registration fee and the inspection fee as well as testing charges. Sowing of the seed, in question, was completed by the petitioners on 5.08.93 under the instructions and supervision of the respondents. In spite of the rainfall being good, it is the contention of the petitioners that the germination of the seeds in the field was not uniform. In fact, germination was very poor. He brought this to the notice of the respondents upon which their representative visited the land, but no action was taken. According to the petitioners, they received a copy of letter dated 9.9.1993 addressed by the respondents to the District Seed Certification Officer, Aurangabad informing that the area under jute cultivation by the petitioner is withdrawn from certification due to failure of the crop. The petitioners were required to replough the entire 25 acre to make it ready for the next Rabi season and in the circumstances, they suffered heavy loss and damages for which they approached the District Forum by filing a consumer complaint demanding compensation of Rs.4,47,544/-.=In the facts and circumstances of the case, the goods purchased were not for self-consumption, but ultimately were for resale, and primarily it was for commercial purpose, with a view to make profit. Nobody undertakes plantation of 1800 poplar trees for sale (resale) in full or part without the aim of earning – profit. Nobody takes up any such activity in 9 acres of irrigated land for self-employment. 14. In the aforementioned circumstances, in our view, the complainant will not fall within the definition of consumer as per law settled on subject by this Commission and also by the Hon’ble Supreme Court in the judgment cited earlier in view of which Consumer Fora would not have entertained this complaint. Accordingly, this appeal is allowed, complaint is dismissed. 15. However, if the respondents / complainant chooses to file a suit for the relief claimed in these proceedings, he can do so according to law and, in such a case, he can claim the benefit of Section 14 of the Limitation Act to exclude the period spent in prosecuting proceedings under Consumer Protection Act while computing the period of limitation prescribed for such a suit as per law laid down by the Hon’ble Supreme Court in the case of Lakshmi Engineering Works v. PSG Industrial Institute (supra).”