PER MR.H.K.BHAISE,HON’BLE MEMBER 

1)                The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986. According to the complainant, on 3^rd March, 2012, he was harvesting wheat in his field.  At that time, his right leg crushed into harvester therefore he was admitted in the hospital at Karad and his right leg was amputed upto knee thereby he became permanent disabled.  He has submitted his claim but it was not satisfied therefore he has filed this complaint for insurance claim under the Government Scheme of Shetkari Apghat Vima Yojana of Rs.1 Lakh with interest.

2)                The O.P. appeared and filed written statement. It is submitted that claim was rejected vide letter dated 31^st December, 2012.  It is submitted complete set of documents was not submitted within time as per Tripartite Agreement. There is no deficiency in service on the part of the opponent therefore the complaint is liable to be dismissed with cost.

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

POINTS

REASONS

4) As to Point No.1 & 2 :- According to the complainant, he is an agriculturist holding land Gut No.599/1 at village Kusur, Taluka-Karad, District-Satara.  The complainant has produced 7/12 extract for the year 2012-2013 showing that he is cultivating agricultural land.  According to the opponent, there was no land in the name of the complainant on the date of accident and the complainant has not complied with the requirements under Tripartite Agreement. It is submitted by the learned advocate for the opponent that as per Tripartite Agreement, it is necessary fro the complainant to produce 7/12 extract, Village Annexure No.6C, Village Annexure 6D.  It is further submitted by him that the complainant has not produced copy of F.I.R./Police Patil Report, Spot Panchanama as per requirement of Clause (VI) (F) of Tripartite Agreement.  The above documents are required as per Clause (V) and (VI) (F) of the Tripartite Agreement.  The complainant has not produced these documents along with the complaint.  According to the opponent those documents were also not produced along with the claim form therefore the claim was rejected vide letter dated 31^st December, 2012.  In the written statement as well as in the affidavit of evidence of the opponent, this defence was taken by the opponent.  In spite of it, the complainant has not produced these documents along with the complaint or till today.  Production of these documents is essential in order to claim benefit under the Scheme Shetkari Apghat Vima Yojana. The complainant has to comply with the requirements of the Tripartite Agreement.  He has simply produced 7/12 extract for the year 2012-2013 only. There is no document on record to show that the complainant was holding agricultural land on the day of the accident i.e. 3^rd March, 2012.  As the complainant has not complied with the requirements of Tripartite Agreement, he is not entitled for any benefit under the Scheme of Shetkari Apghat Vima Yojana. Hence, we proceed to pass the following order.

ORDER

1. Complaint stands dismissed.
2. Parties are left to bear their own costs.
3. Inform the parties accordingly.

Pronounced on 30^th October, 2014