Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R, Member
30th day of November 2022
CC 44/21 filed on 02/02/21
Complainant : T.R.Pushpangadhan, Thandyekkal House,
P.O.Anthikkadu, Thrissur.
(By Adv. A.D.Benny, Thrissur)
Opposite Parties :1. Agricultural Officer, Chazhoor Krishi Bhavan,
P.O.Chazhoor, Thrissur.
2. Principal Agricultural Officer, Agricultural
Complex, Chembookkavu, Thrissur-680 021.
3. Kerala State, Rep.by District Collector,
Ayyanthole, Thrissur-3.
(Ex-parte)
O R D E R
By Smt. Sreeja S. Member:
1) Complainant hold 2.125 acres of paddy land within Pullu Padav in Survey 116/P, 114, 115/P, 140 of Pullu village. The cultivation comes under Chazhoor Krishi Bhavan and he remitted Rs.212/- on 16/03/20 towards crop insurance of Anthikkad Kole Padav Padasekhara Committee. The cultivation done at the direction and instruction of the Krishi Bhavan and all the crops turn to chaff and he is entitled to be indemnified by claiming the insurance coverage under the insurance scheme. In the earlier years, the complainant would get 5 tonnes of yield on an average basis and the complainant has a loss of Rs.1,00,000/-. So he issued a lawyer notice dated 20/02/20 demanding for the claim which yielded no result. The act of the opposite party amounts to deficiency in service. Hence this complaint.
2) On receiving complaint, notice was properly sent to the opposite party. Opposite party not appeared before this Commission and called absent set ex-parte.
3) Complainant appeared before this Commission and filed proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He produced ten documents which are marked as Exts. A1 to A10. Ext. A1 is the receipt of ‘Vila Insurance’ dated 16/03/20; Ext.A2 is the tax receipt dated 26/04/19; Ext.A3 is the Annual Activity report of Anthikkad Kole Padav Padasekhara Committee; Ext.A4 is the testimony from Padasekhara Committee; Ext.A5 is the copy of token receipt (quantity of sale of product) dated 11/05/19; Ext.A6 is the copy of token receipt (quantity of sale of product) dated 29/04/21; Ext.A7 is the bank statement of Bank of India; Ext.A8 is the copy of Government Circular; Ext.A9 is the copy of lawyer notice with postal receipt dated 20/12/20 and Ext.A10 are the AD Cards.
4) We have gone through the pleading and documents produced by the complainant. Ext.A1 to A10 marked. Ext.A1 proves complainant paid the amount for insurance. Ext.A8 proves that the crop insurance main object is to compensate against crop loss due to natural calamities and for cross loss due to pest and disease attack in the rice. Ext. A4 proves that he sustained loss. Ext.A5 to A7 shows the complainant’s previous income from the cultivation. Since there is no contra evidence available before us. We are inclined to allow this complaint.
In the result complaint is allowed and hereby direct the 1st and 2nd opposite parties to pay Rs.1,00,000/- to complainant and also pay compensation of Rs.5000/- and Rs.3000/- as cost to the complainant within one month from the date of receipt of copy of this order. Failing in which all amount carry 8% interest from the date of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30th day of November 2022.
Sd/- Sd/- Sd/-
Sreeja S Ram Mohan R C.T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 is the receipt of ‘Vila Insurance’ dated 16/03/20.
Ext.A2 is the tax receipt dated 26/04/19.
Ext.A3 is the Annual Activity report of Anthikkad Kole Padav Padasekhara
Committee.
Ext.A4 is the testimony from Padasekhara Committee.
Ext.A5 is the copy of token receipt (quantity of sale of product) dated 11/05/19. Ext.A6 is the copy of token receipt (quantity of sale of product) dated 29/04/21. Ext.A7 is the bank statement of Bank of India.
Ext.A8 is the copy of Government Circular.
Ext.A9 is the copy of lawyer notice with postal receipt dated 20/12/20.
Ext.A10 are the AD Cards.
Id/-
Member
