1. PETITION UNDER PUNJAB CONSUMER PROTECTION ACT, 2005 Contention of the claimant vide his instant petition is that he had cordial relation with respondent No.2, with whose consultation, he purchased 100 Kg Seeds of Rice of "Kainat Variety" at assurance that it gives excellent yield. After sowing the same, it transpired that the seed was faulty and was of mixed variety due to which he suffered financial loss.
2. He complained the matter with Deputy Director Seeds (Certification) at which Mohammad Azam Inquiry Officer summoned both the parties and heard and decided that the seed was of unapproved variety. Respondent was asked to compensate the claimant but they insulted the claimant.
3. Due grievance legal notices were served which were never replied, hence the instant petition for recovery of Rs.7,17,000/-, as detailed in para No.5 of the petition.
4. Respondent contested the petition on legal and factual grounds submitting that the relationship of customers and product seller does not exist in between the parties and no such transaction has ever taken place in between the claimant and the respondent. Factum of issuance of any grievance legal notice by claimant or receiving of the same by the respondent was totally denied; lastly prayer was made for dismissal of the petition.
5. Claimant got recorded his statement before my Learned Predecessor in which he tendered his complaint as Exb.P1, legal notice Mark "A", postal receipt Exb.P2 & P3 alongwith acknowledge receipt Exb.P4 & P5 and report of EDO (Agricultural), as mark "B" and closed his evidence.
6. Previously respondent was proceeded against ex-parte and case be decided on exparte bases on 17.01.2014 but thereafter at the petition so filed by the respondent for getting set-a-side the same and at the statement of learned counsel for parties the ex-parte proceeding and judgment was set-a-side on 18.11.2014 and thereafter parties were directed to produce their evidence but respondent failed to produce any sort of evidence in support of his version.
7. Today, file has been kept waiting till closing hours of the Court but none has turned up on behalf of respondent. There is nothing on record in rebuttal.
8. The version so adopted by respondent that relationship of consumer/product seller does not exists is not sustainable especially due to want of evidence/affidavit on the part of respondent, so in the circumstances this Court has left with no option except to rely upon the report of EDO Agriculture dated 18.03.2014 resultantly petition stands accepted in the same terms as was decided on 17.06.2014 and respondent is burdened with a cost of Rs.50,000/- as compensation for the loss so suffered by the claimant due to Faulty and Defective seeds provided by the respondent.
9. File be consigned.