DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT NO.353/2008 DISPOSED ON 22nd DAY OF SEPTEMBER 2022 |
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BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER |
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COMPLAINT NO.353/2008
Complainants :- | 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14 15 | Prabhanna Kallappa Palled (Dead) Basappa Channabasappa Soodi (Dead) Sangappa Jayadevappa Menasagi Kashappa Shivappa Kudari Maheshwar Sankappa Kori Muttanna Shekhrappa Kori Savitridevi W/o Jambunath Doddameti Mallikarjunappa Marabasappa Kudari Mallawwa W/o Parameshwarappa Hugar Paramma W/o Maradeppa Kudari Basappa Gurappa Koppad Subhas Ayyappa Doddameti Laxmawwa W/o Prabhanna Palled Mahadevappa Shankarapap Menasagi Kashappa Shivappa Kudari All Complainants are Age:Major Occ: Agriculturists, R/at: Jakkali, Tq: Ron, & Dist: Gadag. (Rep. by Sri.C.B.Koppad, Adv.) |
V/s
Respondents :- | 1.
2. 3. | The Managing Director, Indian Agricultural Insurance Company, Shankarnarayan Building, No.25, M.G.Road, Bangalore – 560 001. (Rep. by Sri.K.V.Kerur, Advocate) The Manager, Vyavasaya Seva Sahakari Bank, Branch Jakkali, Tq: Ron, Dist: Gadag. (Absent) The Government of Karnataka, Through its District Commissioner, Gadag District, Gadag (Rep. by DGP, Gadag) |
JUDGEMENT
JUDGEMENT DELIVERED BY SRI. D.Y. BASAPUR, PRESIDENT
The complainants have filed the complaint U/Sec.12 of the Consumer Protection Act, 1986 for crop loan insurance amount of Rs.1,36,663/- with interest @ 12% p.a, towards mental agony of Rs.5,000/- each and cost of the proceedings.
2. The brief facts of the complaint are as under:
Complainants are resident of Jakkali village of Ron Taluk. They have grown Maize, Jowar and Groundnut for the year 2004-05 in Kharif season and paid the premium amount through OP No.2. Complainants have separately mentioned the extent of land, premium amount, insurance amount, season and name of crop in detail. The Government declared drought and waived the revenue tax of the Agricultural lands. However, OPs did not pay the insured amount. Hence filed this complaint.
3. In pursuance of service of notice, OP No.1 appeared through counsel. OP No.2 remained absent. DGP appeared for OP No.3. OP No.1 & 3 filed written version.
4. The brief facts of the written version filed by OP No.1 are as under:
OP No.1 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the Kharif season 2004-05. As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall in the yield to crops. In the written version it is specifically mentioned as threshold yield and shortfall is Nil. So there is no deficiency of service committed by this OP. Hence, prays for dismissal of the complaint.
5. The brief facts of written version filed by OP No.3 are as under:
OP No.3 denied the various allegations and contended that, complainants have claimed for the loss of their crop during the Kharif season 2004-05. Complainants are not a consumer to this Op. Op No.3 has only supervising power over the other Ops. So, there is no deficiency of service. Hence, prays for dismissal of the complaint.
6. After hearing, my predecessor judgment passed on 30.09.2008 and partly allowed. OP No.1 has challenged the judgment in Appeal No.1603/2009 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bengaluru the same came to be allowed on 19.11.2010.
7. After hearing, my predecessor judgment passed on 06.15.2016 and partly allowed. OP No.1 has challenged the judgment in Appeal No.476/2016 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bengaluru the same came to be allowed on 03.02.2020.
8. After receipt of the records, notice issued to the parties. Complainant
No. 1 & 2 are reported as dead, no LRS brought on record. Notice served to Complainant No.3,6,7,8,10 to 14 and OP No.1 to 3 they are remained absent. DGP filed M/A for OP No.3 and written version. Complainant No.1 filed affidavit and examined as PW-1 and got marked documents as Ex.C-1 to Ex.46. Op No.1 filed affidavit and examined as RW-1 and got marked documents as Ex.Op-1 to Ex.OP-14. OP No.2 & 3 not chosen to file affidavit evidence.
9. OP No.1 filed written arguments. Heard arguments on both sides.
10. The points for consideration to us are as under:
- Whether the complainants prove that, there is a deficiency in service by the OPs?
- Whether the complainants prove that, they are
entitled for relief?
- What Order?
11. Our findings on the above points are as under:
Point No. 1: Negative.
Point No. 2: Negative
Point No. 3: As per the final Order
R E A S O N S
12. Point No.1 & 2:- The points are taken together to avoid the repetition of facts.
13. On careful perusal of the materials placed before us, case remanded for fresh disposal with a direction take affidavit evidence of all complainants. PW-1 filed affidavits and reiterated contents of complaint. PW-1 has stated that, Complainants are resident of Jakkali village of Ron Taluk. They have grown Maize, Jowar and Groundnut for the year 2004-05 in Kharif season and paid the premium amount through OP No.2. Complainants have separately mentioned the extent of land, premium amount, insurance amount, season and name of crop in detail. The Government declared drought and waived the revenue tax of the Agricultural lands. However, OPs did not pay the insured amount. Ex.C-1 to Ex.C-46 RTCs and other documents are not disputing by the Ops.
14. RW-1 field affidavit and reiterated the contents of the written version. RW-1 has stated that, there was a no shortfall as per yield data report issued by statistical department. In the written version filed by Op No.1 shown the threshold yield, assessed yield and shortfall for the year 2004-05 for Kharif season there is no shortfall. Ex.Op-1 to Ex.Op-14 reveal that Ops have adopted the crop cutting experiments as per guidelines and there is no shortfall.
15. Even no cause of action arose to file this complaint as there is no deficiency of service committed by Ops. Complainants claiming compensation for the loss of crops for the year 2004-05 and complaint filed after 4 years in the year 2008. Even complaint is barred by limitation. Without proving the case with affidavit evidence and documents, complainants are not entitled the relief. Mere allegation made in the complaint without producing documentary evidence to show that there is a shortfall, they cannot be entitled the reliefs.
16. For the above, complainants have failed to prove that OPs have committed deficiency of service and they are entitled for the relief. Accordingly, we answer Point No.1 and 2 in the Negative.
17. POINT NO. 3: In the result, we pass the following:
//O R D E R//
The complaint filed U/Sec.12 of the Consumer Protection Act, 1986 is dismissed.No order as to costs.
Office is directed to send the copies of this order to the parties free of cost.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 22nd day of September- 2022)
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
-: ANNEXURE :-
EVIDENCE ON BEHALF OF COMPLAINANT/S:
PW-1: Prabhanna Kallappa Palled
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1:Proposal form
Ex.C-2: Crop certificate
Ex.C-3 to 5: RTCs
Ex.C-6: Crop certificate
Ex.C-7: RTC
Ex.C-8 : Proposal form
Ex.C-9: Crop certificate
Ex.C-10: RTC
Ex.C-11: Proposal form
Ex.C-12: Crop certificate
Ex.C-13: RTC
Ex.C-14: Proposal form
Ex.C-15: Crop certificate
Ex.C-16: Proposal form
Ex.C-17: Crop certificate
Ex.C-18: Proposal form
Ex.C-19: Crop certificate
Ex.C-20: RTC
Ex.C-21: Proposal form.
Ex.C-22: Crop certificate
Ex.C-23 :RTC
Ex.C-24: Proposal form
Ex.C-25 : Crop certificate
Ex.C-26:RTC
Ex.C-27: Proposal form
Ex.C-28: Crop certificate
Ex.C-29:RTC
Ex.C-30: Proposal form
Ex.C-31 : Crop certificate
Ex.C-32 & 33:RTCs
Ex.C-34: Proposal form
Ex.C-35: Crop certificate
Ex.C-36:RTC
Ex.C-37: Proposal form
Ex.C-38: Crop certificate
Ex.C-39: RTC
Ex.C-40: Proposal form.
Ex.C-41: Crop certificate
Ex.C-42 : RTC
Ex.C-43:Proposal form
Ex.C-44: Crop certificate
Ex.C-45: RTC
Ex.C-46 : Letter from Dist. Statistical officer, Gadag dtd:20.10.2012.
EVIDENCE ON BEHALF OF OPs:
RW-1: Praveen Kumar B.R.
DOCUMENTS ON BEHALF OF OPs:
Ex.OP-1 :Scheme and Guidelines.
Ex.Op-2 :Copy of the Government order under RKBY Kharif Season 2004
issued by the Government dtd:24.05.2004.
Ex.Op-3 : Copy of statement showing bankwise claims for Kharif 2004 season
(All crops)
Ex.Op-4 : Statement showing year wise assessed yield for Hoblis proposed for
Notification under R.K.B.Y. for 2004-05 for Kharif Season
(Groundnut irrigated).
Ex.Op-5 : Copy of Assessed yield for Kharif 2004-05 issued by Director of
Economics and Statics (Groundnut irrigated)
Ex.Op-6: Copy of letter issued by Director to the Regional Manager Agriculture
Insurance Company of India Ltd., Bangalore dtd:15.04.2005.
Ex.Op-7 : Statement showing year wise assessed yield for Hoblis proposed for
Notification under R.K.B.Y. for 2004-05 for Kharif Season
(Maize irrigated).
Ex.Op-8 : Copy of Assessed yield for Kharif 2004-05 issued by Director of
Economics and Statics (Groundnut Rainfed)
Ex.Op-9 : Statement showing year wise assessed yield for Hoblis proposed for
Notification under R.K.B.Y. for 2004-05 for Kharif Season
(Maize Unirrigated).
Ex.Op-10: Copy of Assessed yield for Kharif 2004-05 issued by Director of
Economics and Statics (Maize irrigated)
Ex.Op-11: Statement showing year wise assessed yield for Hoblis proposed for
Notification under R.K.B.Y. for 2004-05 for Kharif Season
(Jowar irrigated). Assessed yield 2004-05
Ex.Op-12: Statement showing year wise assessed yield for Hoblis proposed for
Notification under R.K.B.Y. for 2004-05 for Kharif Season
(Jowar unirrigated).
Ex.Op-13: Assessed yield 2004-05.
Ex.Op-14: Details of past 5 year assessed yield data-District/Taluk/Hoble wise.
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
