TMI Blog2004 (5) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... the nursery, they did not germinate properly. He made complaint to the respondent; the respondent deputed the Agricultural Extension Officer to inspect the land and to submit his report about the quality of the seeds supplied to the appellant; the said Officer having inspected the spot, reported that the germination was hardly upto 10 to 20%: having received the report, the respondent addressed a letter to the Marketing Officer, National Seed Corporation, Mysore, stating that on account of sub-standard paddy seeds sold to the appellant, the appellant had to leave 7 acres of his land fallow and uncultivated and that the National Seed Corporation was liable to make good the loss. The National Seed Corporation, in spite of the request of the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rict Forum directed the respondent to pay a sum of ₹ 17,500/- to the appellant by way of refunding of the price of the paddy seeds and damages caused to him as a result of the transaction. A further direction was given to pay ₹ 100/- as cost to the appellant. 2. The respondent took up the matter in appeal before the Karnataka State Consumer Disputes Redressal Commission (for short 'the State Commission'). The State commission concurred with the findings recorded by the District Forum but modified the order of the District Forum directing the respondent to pay and refund a sum of ₹ 1,350/-, the price of the seeds, to the appellant with interest thereon at 18% per annum from the date of its purchase. The State Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arguments reiterated the submissions that were made before the District Forum and the State Commission. 5. In view of the admitted position and the facts as found both by District Forum as well as State Commission, it is unnecessary to refer to them again. The only point that needs to be examined is whether the State Commission was right and justified in reducing the amount of compensation for the reasons recorded in paragraph 7 extracted above. In our view, the State Commission committed a serious error in its approach in expecting the appellant to take steps to avoid loss to him even though admittedly the goods supplied by the respondent were defective. The approach of the State Commission was merely theoretical and not reasonable ther ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... establish that the paddy seeds supplied by the respondent were defective. 7. In this regard, the District Forum and the State Commission have recorded concurrent findings of fact. The State Commission also has not kept in mind the very object of the Act which was enacted to better protect the interest of the consumers. The Act is one of the benevolent pieces of legislation intended to protect a large body of consumers from exploitation. The provisions of the Act ought to be interpreted in a rational manner for achieving the objective set forth in the Act. The approach of the Forums has to be rational consistent with the purpose of the Act rather than technical. In Secretary, Thirumurugan Cooperative Agricultural Credit Society v. M. Lal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ement machinery either does not move or it moves ineffectively, inefficiently and for reasons which are not necessary to be stated. The importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. It attempts to remove the helplessness of a consumer which he faces against powerful, business, described as, 'a network of rackets' or a society in which, 'producers have secured power' to 'rob the rest' and the might of public bodies which are degenerating into storehouses of inaction where papers do not move from one desk to another as a matter of duty and responsibility but for extraneous consideration leaving the common man helpless, bewildered a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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