-:COMMON ORDER:-

Mr JUSTICE HULUVADI G RAMESH: PRESIDENT

1.      These Appeals filed by the OP/Appellant, aggrieved by the order passed by District Consumer Disputes Redressal Forum, Bidar in CC-23 to 33 of 2018 on 13.06.2019 (for short District Forum/Commission and the parties as arrayed in Consumer Case).

2.      The Brief facts are: Complainants under the scheme of “Pradhan Mantri Fasal Bima Yojana”(herein after referred to as PMFBY for the sake of brevity) had availed crop insurance, for indemnity against natural calamities to raise Soyabean crops in their respective lands in Kharif Fasli year of 2016. The prescribed premiums were paid to OP1 insurance company through OP2 a financial institution extending agriculture loans and even otherwise collecting insurance premiums from loaness and other cultivators.  In the month of September in the Fasli year 2016 there was crop destruction owing to severe rain fall and flood.  Complainants raised a claim for the insured amount, which the OP1 insurance company never fulfilled. Hence, alleged deficiency of service on the part of OPs. Inspite of service of notice OP2 failed to appear before the Forum and was placed exparte. OP1 appeared through learned counsel but failed to file their version, affidavit evidence and written arguments inspite of taking several adjournments by District Forum. However, the Forum below passed the impugned order in favour of complainant by directing OP1/appellant to pay the insured amount to the complainants along with interest @ 12% p.a. from the date of filing of the complaint till realization and to pay Rs.5,000/- and Rs.2,500/-  towards compensation and litigation expenses.

3. Aggrieved by the said Order, OP1/appellant preferred these appeals, on the grounds that, the impugned order is contrary to law and facts, liable to be set aside.

4. Commission heard learned counsel for appellant/OP1 and perused the impugned order passed by Forum below in CC-23 to 33 of 2018, dated 13.06.2019.Now Commission has to decide whether impugned order passed by the Forum below is contrary to the facts and law as appealed?

5. It is undisputed that complainants/respondents had availed crop insurance under PMFBY scheme for indemnity against natural calamities.It is also not in dispute that the complainant/respondents paid prescribed premiums to appellant/OP1. The only dispute is regarding settlement of claim amount. Learned counsel for appellant/OP1 submits the Forum below has erred in considering the vital aspect that complainants/respondents had not made State Government as a party to the complaint since the settlement of claim can be done as per the data provided by the State Government. Further alleged that appellant is unable to process the claim amount due to non-availability of correct bank account details. It is to be noted herein that PMFBY is a scheme by Central Government for providing financial support to farmers suffering crop loss/damage arising out of unforeseen events. The guidelines for claiming settlement are laid down by Government under the crop insurance scheme as per PMBFY. In our view, the Forum below would have directed the complainants to make State Government as a necessary party to the complaint before passing the impugned order.Further, it is the duty of the respondent bank to provide correct data of the account holders as per the guidelines of Government for processing the claim amount.

6. In the above such circumstances, the matter requires reconsideration by the Forum below. Accordingly, we proceed to allow the Appeal No.661 to 671/2020.Consequently, impugned order is set aside and remanded back all these matters with a direction to Forum below to allow the complainant to implead State Government as the necessary party to the complaint and to decide the case on merits affording opportunity to the parties to lead their evidence and documents if any and dispose of the case in accordance with law as early as possible not later than three months.

7. Amount in deposit is directed to be transferred to the concerned District Forum for the needful.

8.      Keep the original order in A/661/2020 and the copies in respective connected appeals.

9. Provide copy of this order to the District Commission and parties to the appeal.

Lady Member              Judicial Member                  President

*GGH*