Rajasthan High Court - Jodhpur
Iffco-Mc Crop Science Pvt. Ltd vs Kaaluram (2025:Rj-Jd:6277) on 30 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:6018]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 20069/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre, Saket
Place, New Delhi - 110017
----Petitioner
Versus
1. Shankar Lal S/o Girdharilal, Resident- Badhnu Tehsil-
Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil-Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20070/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre, Saket
Place, New Delhi - 110017
----Petitioner
Versus
1. Dhanraj Alias Dhanram S/o Sh. Girdharilal, Resident-
Badhnu Tehsil- Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil-Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20071/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mistubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi - 110017
----Petitioner
Versus
1. Madhi Devi W/o Girdhari, Resident - Badhnu Tehsil -
Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (2 of 11) [CW-20069/2024]
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil - Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20072/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre, Saket
Place, New Delhi - 110017
----Petitioner
Versus
1. Ramratan S/o Sh. Saadulram, Resident-Badhnu Tehsil-
Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil-Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20100/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi - 110017.
----Petitioner
Versus
1. Lichhmanram S/o Sh. Annaram, Resident-Badhnu
Tehsil-Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil-Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20893/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (3 of 11) [CW-20069/2024]
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre, Saket
Place, New Delhi -110017
----Petitioner
Versus
1. Budharam S/o Sh. Narsaram, Resident Village
Nosariya, Tehsil Sridungargarh, Dist. Bikaner,
Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Secretary/president, Ridi Gram Seva Sahkari Samiti
Ltd. Through, Tehsil Sridungargarh, District Bikaner,
Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 20898/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi -110017
----Petitioner
Versus
1. Malaram S/o Sh. Rameshwar @ Parmeshwar Lal,
Resident Village Bandhnu, Tehsil Nokha, Dist. Bikaner,
Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Badhnu Gram Seva Sahkari Samiti Ltd., Through
Manager, Tehsil Nokha Dist. Bikaner.
----Respondents
AND
S.B. Civil Writ Petition No. 21273/2024
Iffco-Mc Crop Science Pvt. Ltd., ( A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi-110017
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (4 of 11) [CW-20069/2024]
----Petitioner
Versus
1. Ramlal Khileri S/o Sh. Padmaram, Resident-Village
Badela, Tehsil Nokha, Dist. Bikaner, Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. President/secretary, Badela Seva Sahkari Samiti Ltd.
Village Badela, Tehsil - Sridungargarh, District
Bikaner, Rajasthan Through Manager.
----Respondents
AND
S.B. Civil Writ Petition No. 21281/2024
Iffco-Mc Crop Science Pvt. Ltd., ( A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi-110017
----Petitioner
Versus
1. Kaaluram S/o Sh. Akharam, Resident-Badhnu Tehsil-
Nokha, Dist. Bikaner, Rajasthan.
2. M/s. Agro Care Manufacturer Yamato, 228, Gits Estate,
Panoli-394116, Dist. Bharuch, Gujarat.
3. Bandhnu Gram Seva Sahkari Samiti Ltd., Through Manager,
Tehsil-Nokha, District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 21562/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi -110017
----Petitioner
Versus
1. Surjaram S/o Sh. Ishraram, Resident - Village
Badela, Tehsil Sridungargarh, Dist. Bikaner,
Rajasthan.
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (5 of 11) [CW-20069/2024]
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Secretary/president, Badela Gram Seva Sahkari
Samiti Ltd. Village Badela, Tehsil Sridungargarh,
District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 21584/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi - 110017.
----Petitioner
Versus
1. Kumbharam S/o Sh. Ramsukh, Resident-Village
Bandhnu, Tehsil Nokha, Dist. Bikaner, Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Badhnu Gram Seva Sahkari Samiti Ltd., Tehsil
Nokha Dist. Bikaner Through Manager, Mohan Lal S/
o Sh. Rughnathram R/o Badhnu Tehsil Nokha Dist.
Bikaner.
----Respondents
AND
S.B. Civil Writ Petition No. 21801/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi - 110017.
----Petitioner
Versus
1. Surjaram Khileri S/o Sh. Padmaram, Resident-
Village Badela, Tehsil Sridungargarh, Dist. Bikaner,
Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (6 of 11) [CW-20069/2024]
Yamato 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Secretary/president, Badela Gram Seva Sahkari
Samiti Ltd. Village Badela, Tehsil-Sridungargarh,
District Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 21805/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre, Saket
Place, New Delhi -110017.
----Petitioner
Versus
1. Nanuram Khileri S/o Sh. Sheraram, Resident-Village
Badela, Tehsil Sridungargarh, Dist. Bikaner, Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist. Bharuch,
Gujarat.
3. Secretary / President, Badela Gram Seva Sahkatr Samiti
Ltd. Through, Tehsil-Sridungargarh, District Bikaner,
Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 21820/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi -110017.
----Petitioner
Versus
1. Phusi Devi W/o Sh. Hemaram, Resident-Village Badela,
Tehsil Sridungargarh, Dist. Bikaner, Rajasthan .
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Secretary / President, Badela Gram Seva Sahkatr
(Downloaded on 03/02/2025 at 11:14:15 PM)
[2025:RJ-JD:6018] (7 of 11) [CW-20069/2024]
Samiti Ltd. Through, Tehsil-Sridungargarh, District
Bikaner, Rajasthan.
----Respondents
AND
S.B. Civil Writ Petition No. 21822/2024
Iffco-Mc Crop Science Pvt. Ltd., (A Joint Venture Of Iffco
Mitsubishi Corporation) Iffco Sadan, C-1, District Centre,
Saket Place, New Delhi -110017.
----Petitioner
Versus
1. Annaram W/o Sh. Hiraram, Resident - Village Badela,
Tehsil Sridungargarh, Dist. Bikaner, Rajasthan.
2. Managing Director, M/s. Agro Care Manufacturer
Yamato, 228, Gits Estate, Panoli-394116, Dist.
Bharuch, Gujarat.
3. Secretary / President, Badela Gram Seva Sahkatr
Samiti Ltd. Through, Tehsil-Sridungargarh, District
Bikaner, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Ravi Bhansali Sr. Adv. Asst by
Mr. Rohin Bhansali
Mohammad Amaan
For Respondent(s) : Mr. Rakesh Chotia
Mr. Divik Mathur
HON'BLE MS. JUSTICE REKHA BORANA
Order 30/01/2025
1. The present writ petitions arise out of a common order dated 26.03.2024 and are hence being decided by this common order.
2. Mr. Ravi Bhansali, learned Senior Counsel appearing for the petitioner Company submits that the order impugned dated 26.03.2024 (Annex.1) has been passed in gross violation of Section 58 (2) of the Consumer Protection Act, 2019 (hereinafter (Downloaded on 03/02/2025 at 11:14:16 PM) [2025:RJ-JD:6018] (8 of 11) [CW-20069/2024] referred to as the 'Act of 2019'). He submits that as per Section 58 (2) of the Act of 2019, the jurisdiction, powers and authority of the National Consumer Disputes Redressal Commission (hereinafter referred to as 'NCDRC') may be exercised by the Bench which is to be constituted by the President with one or more members. However, in the present case, the order impugned dated 26.03.2024 has been passed by a Bench comprising of a single member only. Therefore, NCDRC has wrongly exercised its jurisdiction while deciding the issue in question.
3. In support of his contention, learned Senior Counsel relied on the judgment dated 25.10.2018 passed by this Court in a bunch of writ petitions led by S.B. Civil Writ Petition No.1972/2012 titled Divisional Manager N.I.C. Ltd., Jodhpur vs. Rajasthan State Consumer Disputes Redressal Commission & Ors. and the order dated 01.11.2018 passed by this Court in S.B. Writ Review No.98/2018 titled The State of Rajasthan & Ors. vs. Kamal Travels Kokks International & Ors. whereby the review petition filed against the judgment dated 25.10.2018 stood dismissed.
He further submits that the judgment dated 25.10.2018 has attained finality as the appeal being D.B. Special Appeal (Writ) No.1779/2018 preferred against the said order/order of review and further, a Special Leave to Appeal being Special Leave to Appeal (C) No(s).4969/2020 as preferred, stood dismissed.
4. Mr. Rakesh Kumar Chotia, learned counsel for the respondents is not in a position to refute the above fact.
5. Heard learned counsel for the parties and perused the material available on record.
(Downloaded on 03/02/2025 at 11:14:16 PM) [2025:RJ-JD:6018] (9 of 11) [CW-20069/2024]
6. Section 58 (2) of the Act of 2019 reads as under:
"58. Jurisdiction of National Commission.
(1) xxxxxx.
(2) The jurisdiction, powers and authority of the National Commission may be exercised by Benches thereof and a Bench may be constituted by the President with one or more members as he may deem fit:
Provided that the senior-most member of the Bench shall preside over the Bench. (3) xxxxxx."
7. A bare reading of Section 58(2) of the Act of 2019 reflects that the jurisdiction, power and the authority of NCDRC shall be exercised by a Bench to be constituted by the President with one or more members. Further, the proviso to the said section provides that the senior most member of the Bench shall preside over the Bench.
8. While dealing with a similar provision pertaining to the State Commission, a Co-ordinate Bench of this Court in Divisional Manager's case (supra) observed as under:
"11. Hence, this Court has no hesitation in holding that a Bench of the State Consumer Commission cannot be constituted by a single member and that the same must be comprised of the President and at least one member thereof. In reference to Section 2(jj) of the Act, it is clarified that the word "President" as appearing in the Act, shall always be referred as including a member except where, the jurisdiction of constituting the Bench is to be exercised. The said power is with the President who being the "head of the institution" has the exclusive (Downloaded on 03/02/2025 at 11:14:16 PM) [2025:RJ-JD:6018] (10 of 11) [CW-20069/2024] administrative power to decide the composition of the bench."
9. In Divisional Manager's case (supra), the Court concluded that for lawful decision of the case, Bench/Benches of the Commission must be constituted with atleast two members of the Commission, one of whom may be the President.
10. It is not disputed on record that Section 58 (2) of the Act of 2019 is akin to the provision of Section 47 (2) of the Act which deals with the jurisdiction of the State Commission. The ratio laid down in Divisional Manager's case (supra) therefore, would definitely apply to the present matters too.
11. In view of the ratio laid down in Divisional Manager's case (supra), order dated 26.03.2024 (Annx.1) been passed without jurisdiction is hereby quashed and set aside. The matters are remanded back to the NCDRC for decision afresh through appropriately constituted Bench/Benches.
12. The parties shall appear before the NCDRC on 20.02.2025 and the Commission shall not be under an obligation to issue any fresh notices to the parties. The Commission shall decide the matters expeditiously, preferably within a period of 90 days from 20.02.2025, after affording opportunity of hearing to all the parties concerned.
13. At this stage, learned counsel for the respondents submits that 50% amount in accordance with Section 51 of the Act of 2019 has been deposited by the petitioner Company before the District Consumer Forum. Therefore, the same be directed to be released to the respondents.
(Downloaded on 03/02/2025 at 11:14:16 PM)
[2025:RJ-JD:6018] (11 of 11) [CW-20069/2024]
14. Learned Senior Counsel for the petitioner Company however submits that in terms of Section 51 of the Act of 2019, the Company was only required to deposit the said amount and no provision of law prescribes for disbursal of the same to the respondents.
15. In view of the submissions made, let an appropriate application for the above relief be filed by the respondents before the NCDRC. The Commission shall decide the same in accordance with law and if the respondents are held entitled for disbursal of the said amount, appropriate orders be passed in their favour.
16. With the aforesaid observations and directions, the present writ petitions are disposed of.
17. Stay application and pending applications, if any, also stand disposed of.
(REKHA BORANA),J 2-16-Devanshi/-
(Downloaded on 03/02/2025 at 11:14:16 PM) Powered by TCPDF (www.tcpdf.org)