By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainants are the members in Souparnika Swasraya Sangam, who cultivated banana in 5 ½ acres land which was taken only for the cultivation of plantain. They had taken loan from the State Bank of Tranvancore, Mananthavady. The planting of bananas were upon the loan amount availed of Rs.6,000/- and the crops were insured also. The premium amount for the insurance of the banana plants were remitted. The total cost of the plantains comes Rs.3,50,000/-. The plantains were in the different stages of bunching and some were yet to be bunched. The bananas were almost destroyed in heavy rain and strong wind. The promoting Agency of the insurance were the 3^rd Opposite Party. Immediately after the destruction of the crops, the Opposite Parties were informed of the catastrophe and inspection were timely done by them. The destruction of the crop were assessed and the 8^th and 9^th Complainants were granted meager sum. Whereas the claim of the 1^st, 2^nd and 3^rd Complainants were rejected on the ground that the photograph taken at the time were not matching to the destruction. The Opposite Parties rejected the claim of the other Complainants opting one or other reasons. In the adverse climate, the plantain crops were destroyed in 2 successive events. There may be an order directing the Opposite Party to give the 1^st Complainant Rs.16,622/-, Rs.25,596/- is to be given to the 2^nd Complainant, for the 3^rd Complainant Rs.24,624/-, Rs.25,272/- to the 4^th Complainant. The 5^th Complainant is to be given Rs.29,376/-deducting Rs.2,700/- which was already given by the Opposite Party. Rs.24,040/- to the 6^th Complainant and Rs.4,100/- the amount already received is to be deducted from the claim amount. The 7^th Complainant is to be given Rs. 31,212/-. The 8^th Complainant is to be given Rs.10,912/- Rs.6,800/- already deducted. Rs.13,692/- is to be awarded to the 9^th Complainant excluding the Rs.7,800/-already received. It is further submitted that the Complainant is to be compensated with the compensation of Rs. 10,000/-.

2. The 1^st Opposite Party filed version in short it is as follows:- The Complainant itself is not maintainable. There is no deficiency in service on the part of the Opposite Parties. The insurance coverage of the plantains are admitted by the 1^st Opposite Party and the implementation of the scheme are also admitted by the 1^st Opposite party. The scheme is based on the master agreement. As per the provisions of this agreement, the insured can claim the amount for the loss of crops before 12 months from the date of planting. According to the Complainant the planting was on 15.6.2006. The destruction of the plantains in natural catastrophe evented on 21.4.2007, 07.06.2007 and 22.6.2007. The provision of the scheme is as such that after one year from the date of planting the coverage of policy ceased to exist. On visual verification of the photograph of the plantains shows that large number of plantains were not having bunches. The coverage of the scheme also lapses after one year. The protective measures were not sufficient enough to keep the plantain in its position in strong wind. The maintenance of the bananas were also not done properly. As per the terms of contract Rs.10/- to be deducted as salvage value for the plants which are in the age of 8 months. It is further submitted by the Opposite Parties that Rs.10,000/- was paid to the 1^st Complainant, Rs.5,500/- paid to 6^th Complainant deducting the amount already paid. The 2^nd and 3^rd Complainants had not produced the documents to estimate the loss. The Complainant are not entitled to get the relief as prayed for hence it is to be dismissed with cost to the Opposite Party.

3. The 2^nd Opposite Party is supplemented and filed version, in brief is as follows:- The natural calamities took place on 21.04.2007. The following farmers had the destruction of

plantains which are as detailed below.

1. E. Narayanan Nambuthiri loss of 375 bananas.

2. K. Annan loss of 74 bananas were destroyed.

3. Vinod M.G loss of 98 bananas.

4. Sugumaran Nair. M loss of 148 bananas.

5. Narayanankutty loss of 208 bananas.

6. Vijayan. M loss of 238 bananas.

4. These were the number of bananas which destroyed in the natural calamity. The claim form were filled up and given to the Insurance Company whereas Narayanankutty was given Rs.6,800/-. Vijayan was given Rs.7,800/- the claim of the other claimants were not considered by the Insurance Company stating that the policy number found to be wrong and photographs taken at the time of crop destruction was not matching to the situation. Subsequently on 22.06.07 the crop destruction was there in strong wind. Annan had a loss of 424 bananas, E. Narayanan Nambuthiri 455, Narayanan Kutty.T.K 298, Vinod. M 388 and stating these fact the claim form was filed up and given to the 1^st Opposite Party. In the 2^nd instance the 1^st Opposite Party had issued Rs.15,000/- and Rs.10,000/- to E. Narayanan Namboothiri. The request of the other claimant were rejected. The assessment of destruction of plantains up to 100 numbers were done jointly by VFPCK Assistant Manager, the loss above 100 in number were assessed by the Bank Manager, in the surveyor of the 1^st Opposite Party along with Assistant Manager VFPCK.

5. The points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

6. Point No.1 and 2:- The evidence in this case consists proof affidavit of the

Complainant and 1^st Opposite Party. The documents Exts.A1 to A7, Ext.X1 series and B1 are marked. The oral testimony of the 1^st Complainant and the 1^st Opposite Party are also considered in this case.

7. The case of the Complainant is that the banana cultivated by the Complainants were insured. The crops were destroyed partially and in total with respect to the Complainant. The claim of the Complainant were not considered in its entirety. Out of 9 Complainants 5 of them were given the compensation in part. Ext.X1 series consists of the claim form forwarded along with the report of the officials from 1^st Opposite Party. The 2^nd Opposite Party is the processor of the insurance scheme it is admitted by the 2^nd Opposite Party that the Complainant belong to the self supporting group of Vegetable Fruits Promotion Council of Kerala. The crops cultivated by the Complainants are insured by the 1^st Opposite Party. The banana crop destruction of the Complainants effected in the month of April 2007 and followed by that the crops of some of the farmers were destroyed in June 2007 in subsequent events. Ext.X1 series also shows that the destruction of the banana crop were inspected and assessment made on the nature of destruction in presence of the officials of the insurer. The application for compensation was found forwarded by the Complainants in time. The destruction of the crops were not taken place in a single incident. The strong wind in the month of April caused destruction of the crop of some of the Complainants and later in a subsequent event in the June 2007, the remaining crops of the Complainants were found to be destroyed. The 1^st Complainant Narayanan Namboothiri was given Rs.10,000/-, 5^th Complainant Suresh kumar was given 2,700/-, 8^th Complainanant Narayanan kutty got Rs.6,800/- and 9^th Complainant Vijayan was given Rs.7,800/-, 6^th Complainant Balakrishnan was paid Rs.4,100/-. There is no justification in the issuance of the

portion of the amount given to the claimant. On verification of the claim form and assessment report of the 2^nd Opposite Party on the loss of the banana crops, the loss of banana including bunched and unbunched are as follows:-

8. The tabulation of the amount received by the Complainant are as follows:-

1. Narayanan Namboothiri - Rs. 10,000/-

2. Narayanankutty - Rs. 6,800/-

3. Sureshkumar. - Rs. 2,700/-

4. Balakrishnan - Rs. 4,100/-

5. Vijayan - Rs. 7,800/-

    

9. The Another contention of the Complainants and Opposite Party for repudiation of the claim is that the photographs which detail the nature of loss are not reliable, this contention of the Opposite Party for the repudiation of the claim cannot be justified. The claim envisaged for compensation of banana in natural calamity is such that if the banana are in the age of 5 months before emergence of bunch. The compensation payable is Rs.40/-, after emergence of bunch and staking of plants using poles or strings. The compensation of banana is Rs.60/-. The plants which destroyed are in the age of 8 months and above. The salvage value deductible is Rs. 10/-. The terms of agreement entered into the farmers by the VFPCK are to be followed in estimating the loss of the crops to the Complainants. The Complainants are to be given compensation based on the terms agreed for the loss of bananas in natural calamity. For the loss of each bunched banana Rs.50/- deducting the salvage value of Rs.10 are to be given. The non bunched bananas are in the age more than 5 months after planting. The compensation of each plant unbunched is to be given Rs.40/-. On perusing the documents of claim form and recommendation forwarded by the Vegetable Fruits Promotion Council, the amount towards compensation are to be paid by the 1^st Opposite Party to the insured 1 to 9. The 1^st Complainant Narayanan Namboothiri had loss of 423 bunched banana and 32 non bunched bananas Rs.10,000/- was already given in advance towards the compensation to this complainant. Rs. 12,430/- is to be paid to the 1^st Complainant out of total amount 22,430/- deducting the amount already paid. The 2^nd Complainant had the loss of 424 bunched banana Rs. 21,200/- is to be paid to this claimant, The 3^rd Complainant Vinod M.G had loss of 456 bunched bananas and no amount was given as compensation towards the insured sum hence Rs.22,800/- is to be given to this Complainant. Sukumaran Nair. M 4^th Complainant was not paid any amount towards destruction of the crops the loss of bunched banana to this Complainant was 448 in number and the desirable amount to this Complainant is Rs.22,400/-. Sureshkumar. T received Rs.2,700/- in advance from the Opposite party who had a loss of 594 bunched bananas. Deducting the amount already paid Rs.27,000/- is to be given to this Complainant. The 6^th Complainant Balakrishnan was given an advance of Rs.4,100/- who had a loss of 560 bunched bananas, the total amount in loss comes Rs.28,000/- deducted the advance amount Rs.23,900/- is to be given to this Complainant. Saseendran had a loss of 578 bunched banana the amount liable to be paid to this Complainant

is Rs.28,900/-. Narayanankutty the 8^th Complainant was given an advance of Rs.6,800/- towards the compensation of 328 bunched bananas Rs.9,600/- is to be given to this Complainant towards loss. The 9^th Complainant Vijayan was given an advance of Rs.7,800/- who had the loss of 308 bunched banana and 30 non bunched banana deducting the amount already paid Rs.8,800/- is to be given to this Complainant.

In the result, the complaint is partly allowed. The 1^st Opposite Party is directed to give the amount as follows to the Complainants Rs.12,430 (Rupees Twelve thousand Four hundred and Thirty only) is to be given to 1^st Complainant Narayanan Namboothiri, Rs. 21,200/- (Rupees Twenty One thousand Two hundred only) to the 2^nd Complainant Annan. The 3^rd Complainant, Vinod .M.G, is to be given Rs. 22,800/-(Rupees Twenty Two thousand Eight hundred only), Rs. 22,400/- (Rupees Twenty Two thousand Four hundred only) to the 4^th Complainant, Rs.27,000/- (Rupees Twenty Seven thousand only) to the 5^th Complainant Sureshkumar. T, Rs.23,900/- (Rupees Twenty Three thousand Nine hundred only) to the 6^th Complainant Balakrishnan, Rs.28,900/- (Twenty Eight thousand Nine hundred only) is to be given to the 7^th Complainant, Rs.9,600/- (Rupees Nine thousand Six hundred only) to Narayanankutty 8^th Complainant and Rs.8,800/- (Rupees Eight thousand Eight hundred only) Vijayan the 9^th Complainant. The Complainants are also entitled for an interest at the rate of 12% from the date of filing this complaint till realisation of the amount. Towards cost of this proceedings Rs.500/- (Rupees Five hundred only) is also to be paid. The 1^st Opposite Party is directed to give aforesaid sum to the insured 1 to 9 within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 31^st May 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Narayanan Namboothiri 1^st Complainant.

Witness for the Opposite Parties:

OPW1. Vijayan. Manager United India Insurance Co. Ltd., Kalpetta.

Exhibits for the Complainant:

A1 series. Copy of Claim Form.

A2. Copy of Agreement. dt:15.05.2006.

A3 series. Copy of Policy.

A4. Copy of Letter. dt:13.11.2007.

A5 series. Claim Form.

A6 series (6 in numbers) Photograph.

A7 series (9 in numbers) Statement of Account.

Exhibits for the Opposite Parties:

B1. Copy of Master Agreement for Banana and Vegetable Insurance for Participating

Farmers of Vegetable & Fruits Promotion Council, Keralam.

X1 series consists of the claim form forwarded along with the report of the officials from 1^st Opposite Party.(62 pages)