Dtd.29.01.2024                                            A/83/2024

O R D E R

       BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    This is an appeal filed U/s.41 of CPA 2019 by OP.1 & 2/Appellants aggrieved by the order dtd.17.11.2023 passed in CC/95/2022 on the file of Dharwad District Commission.  
2. This appeal is set for hearing on admission. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsel for Appellants.
3. Learned counsel for Appellant submits that, Commission below committed grave error in holding banker liable to pay claim of crop insurance of the Complainant although banker/Appellants did their job by updating particulars of the Complainant in Samrakshane portal and to find support copy of Samrakashane Online Facility For Crop Insurance check status for the year 2017-18 is placed along with appeal memo, wherein could see application no.749852 is updated which is in respect of Mr.GovindGouda Narayan Patil who is none other Complainant, but facts remain, Forum below failed to ascertain whether such particulars were updated by the banker before passing impugned order. Further learned counsel submits insurer was not made a party, yet held banker liable to pay claim of crop insurance of the Complainant. It is therefore, it would be appropriate to remand back this matter to the Commission below giving opportunity to the Complainant to implead insurer as one of the party and to decide the complaint affording opportunity to both parties by receiving additional evidence if any to be placed by the parties to the complaint as early as possible not later than three months from the date of receipt of this order. Issuance of notice of this appeal on Respondent/Complainant stands dismissed with to avoid further delay.
4. The amount in deposit is directed to be transferred to the District Commission for needful. 
5. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member                President        

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