PER MR.B.S.WASEKAR, HON’BLE PRESIDENT

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, her husband Shri Ananda Dattu Parit was an agriculturist holding agricultural land Gut No.339 at village Bilashi, Taluka-Shirala, District-Sangli. He died accidentally on 4^th August, 2012 due to drowning. She submitted insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana.  Her claim was not satisfied therefore she has filed this complaint for insurance claim of Rs.1 Lakh with interest. 

2)                The O.P.No.1 appeared and filed written statement. It is submitted that the claim was rejected vide letter dated 20^th April, 2013  as complete set of documents was not submitted within time as per Tripartite Agreement therefore, she can not file claim before this Forum. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.

3)                The O.P.No.2 appeared and filed written statement. It is submitted that the claim was received late and the same was forwarded to the O.P.No.1 and the O.P.No.1 repudiated the claim vide letter dated 20^th April, 2013.  

4)                After hearing all the parties and after going through the record, following points arise for our consideration.

POINTS

REASONS

5) As to Point No.1:- It is submitted by the learned advocate for the O.P.No.1 that as per Tripartite Agreement, it was necessary to put grievance before the Conciliation Committee.  The complainant has filed this complaint without putting her grievance before the Conciliation Committee therefore the complaint is not maintainable.  It is settled law that the Consumer Forum has jurisdiction to hear all the complaints as it is additional remedy available to the complainant. Therefore, merely because the complainant did not approach the Conciliation Committee, the complaint can not be rejected.                                 

6) As to Point No.2 & 3 :- The complainant has produced revenue record showing that her husband was holding agricultural land and he was farmer. The complainant also produced copies of Police Complaint, Spot Panchanama, Inquest Panchanama, Post Mortem Report and copy of Claim Form submitted to the Taluka Krishi Adhikari. On going through all these papers, it is clear that the husband of the complainant died due to drowning. According to the opponents, complete set of documents was not submitted. On perusal of the documents produced by the complainant, it is complete set as per requirement under the Agreement.  Under the Government Resolution, the beneficiary has to submit the claim to the concern agricultural department and the concern agricultural department has to comply all the formalities i.e. necessary documents and submit it to the opponents.  Liability is fixed on the government agricultural department. The beneficiary should not be suffered due to lack of the compliance within time by the government machinery. According to the complainant, the claim was submitted to the opponent government office within time. The opponent had produced copy of repudiation letter dated 20^th April, 2013.  If, according to the opponents, complete set of documents was not submitted within time, it was necessary to inform the complainant accordingly.  There is nothing on record to show that the complainant was informed to submit the complete set of documents.  On the other hand, the complainant has produced copies of Claim Form along with required documents having acknowledgement of Taluka Krishi Adhikari. The accidental death took place on 4^th August, 2012 and the Claim Form was submitted to the Taluka Krishi Adhikari on 10^th October, 2012. The same was forwarded to the O.P.No.2 by Taluka Krishi Adhikari on 7^th November, 2012.  Therefore, the defence taken by the opponents can not be accepted. The complainant has produced all the required documents under the Agreement therefore her claim can not be rejected. 

7)                The learned advocate for the complainant has placed reliance on the judgment of our State Commission reported in 2008(2) All MR (Journal) 13 in the case of ICICI Lombard General Insurance Company Limited –Versus- Smt.Sindhubai Khanderao Khairnar, decided on 7^th January, 2008. In para 9 of the judgment, the Hon’ble State Commission has observed as under :

The Government declares various benevolent schemes for Agriculturists and person coming from lower strata of society. For effective implementation of the claim, Govt. prescribed simple procedure. Taking into consideration, the illiteracy in the rural areas, the liability is imposed on the Village Revenue Officer and Tahsildar for purpose of collection of necessary documents and submission of the claim to the insurance company. The success of benevolent scheme depends as to how and in what manner such schemes are implemented. Unfortunately, because of lukewarm and obstructive attitude of insurance company, genuine and honest claim of widow is defeated for no fault of her.

In the instant complaint before us also, claim form was immediately submitted to the government office. Therefore, the claim of the complainant can not be repudiated.

8)                Thus, there is sufficient evidence on record to show that the deceased was the farmer holding agricultural land. He died accidentally due to drowning. The complainant is a widow therefore, as per the Agreement, the opponent is liable to satisfy the claim of the complainant. The complainant has complied all the formalities as required under the Agreement and the Government Resolution.

         As discussed above, the complainant is entitled for the relief as prayed. Hence, we proceed to pass the following order.

ORDER

1. Complaint is allowed.
2. The O.P.No.1/Insurance Company is directed to pay Rs.1,00,000/- (Rs.One Lakh Only) to the complainant with interest at the rate of 12% per annum from the date of death of the insured i.e. 4^th August, 2012 till its realization.
3. The O.P.No.1/Insurance Company is further directed to pay Rs.3,000/- (Rs.Three Thousand Only) to the complainant as cost of this proceeding.
4. The above order shall be complied with within a period of one month from today.
5. Copies of this order be sent to the parties free of cost.

Pronounced on 2^nd March, 2015