By Sri. K. Gheevarghese, President:

The complaint filed against the Opposite Parties for the insured sum of banana plantains which destroyed in natural calamity.

2. The complaint in brief is as follows:- The Complainant is an insured who planted 2000 banana plantains remitting the premium of Rs.2.80 per plant. The cultivation of the plantains were on availing the loan from North Malabar Gramine Bank. The policy covers the period from 30.06.2006 to 30.06.2007. On 22. 06.2007 the Complainant's 1200 plantains get destroyed in strong wind and heavy rain. The complainant's request to compensate the loss was repudiated on flimsy ground. The Opposite Parties had conducted an inspection to the site and they estimated the loss and a report was filed. The Complainant is to be compensated with Rs.60/- for each plantains and the loss of 1115 plantains are to be compensated along with cost and compensation.

3. The Complainant was heard in I.A. No.127/2010 to condone the delay of 25 days in filing the complaint hence the petition is allowed.

4. The Opposite Parties filed version sum up of the version filed by the 1^st Opposite party is as follows:- The insurance of Complainant's plantains are admitted. The 1^st Opposite Party is the implementing agency of the scheme upon information of damages from the Complainant, the surveyor of the 2^nd Opposite Party and Assistant Manager of the 1^st Opposite Party inspected the site and a report was filed. But the Complainant had a loss 1115 plantains which deserve the Compensation. The 1^st Opposite Party also filed a copy of the claim form endorsed by the Surveyor of the 2^nd Opposite Party that the Complainant had loss of 1115 bunched banana plantains.

5. The 2^nd Opposite Party filed version in short it is as follows:- The banana plantains had the insurance coverage for a period from 30.06.2006 to 30.06.2007. The alleged incident took place on 22.06.2007. The crop season of the plantains were over. The claim of the Complainant was intimated to the Opposite Parties on 16.07.2007. The actual number of plantains get destroyed are not the number claimed. The Complainant in collusion with the surveyor of the 2^nd Opposite Party suppressed the real facts. The Complainant is not entitled for any compensation and it is to be dismissed with cost.

6. Points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

7. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant. Exts.A1 and B1 to B3 are the documents considered. The oral testimony of the Complainant is also taken into consideration. It is undisputed that the Complainant insured the banana plantains that destroyed in strong wind and heavy rain. The 1^st Opposite Party is the implementing agency of the scheme which is an establishment setup by the Government of Kerala. It is admitted by the 1^st Opposite Party that the surveyor of the 2^nd Opposite Party and Assistant Manager of the Vegetable Fruits Promotion Council Kerala (VFPCK) jointly inspected the site and assessed the loss. The claim form forwarded to the 2^nd Opposite Party the Ext.B2 consists of the loss of 1115 bunched plantains in the age of 11 months. According to the 2^nd Opposite Party for completion of the insurance coverage extent to a period of 12 months. It is undisputed that the banana plantains were about to reap. The cropping of the cultivation would lessen the loss. The Complainant is to be proportionately compensated for the plantains which met in destruction, each banana plantains is to be compensated with Rs. 15/-. The 1^st Opposite Party is only an implementing agency and they are absolved from liability.

In the result, the complaint is partly allowed. The 2^nd Opposite Party is directed to reimburse the loss of Rs.16,725/- (Rupees Sixteen thousand Seven hundred and Twenty Five only) to the Complainant towards the loss of 1115 plantains destroyed considering Rs.15/- for each plant. The 2^nd Opposite Party is directed to comply this within one month from the date of receipt of this order. The parties have to bear the respective cost.

Pronounced in open Forum on this the day of 28^th September 2010.

Date of filing: 02.01.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Thambi.T.P. Complainant.

Witness for the Opposite Parties:

Nil.

Exhibit for the Complainant:

A1. Copy of the Claim Form. dt:25.06.2007.

Exhibits for the Opposite Parties:

B1 Copy of the Agreement.

B2. Claim Form.

B3. Claim repudiation letter. dt:07.12.2007.