By. Smt. Renimol Mathew, Member:-
Consumer complaint No.41/2015 and 42/2015 are filed by the complainant and his wife under section 12 of the Consumer Protection Act against the opposite parties to get compensation as per the Rainfall Insurance Scheme.
2. Brief of the complaints:- The complainant's are the husband and wife, they are agriculturalists. The complainants having Robesta Coffee Plantation in Thomattuchal Village at Wayanad including in the coffee Zone and Sub-Zone at Sulthan Bathery and reference Weather Station Ammaipalam for an extent of 1.60 hecters. The complainants are the subscribers of the policy of Rainfall insurance Scheme for coffee(RISC)-2013-14 vide policy No. AIC/AIMS/RISC/2013-14/0524 dated 30.04.2013 for Robesta plantation to an extent of 1.60 hectors. The insurance policy coverage is for Blossom Backing, Monsoon and Post Monsoon showers. As per the policy the reference weather station is mentioned as Ammaipalam, Sulthan Bathery. The complainant's property situated in the Sulthan bathery Coffee Zone and Sub-Zone and reference weather station mentioned in the Ammaipalam. At the relevant period mentioned as per the policy there is no rain or rainfall reported at Ammaipalam reference weather station. Hence filed this complaint to get compensation from the opposite parties.
3. On receipt of complaint notices were issued to opposite parties and they appeared and filed version. In the version opposite party No.1 and 2 stated that there is no cause of action to file the instant complaint against this opposite parties. The complainant has filed the present complaint with malafide intention to extract money from the opposite party to cause harassment and financial loss to the opposite parties by dragging in unwanted litigation on the basis of false allegation. The above scheme is specially designed by the Agricultural Insurance Company of India Limited(AIC) in consultation with the Coffee Board for the protection of farmers from adverse weather conditions. As per the scheme, if the insurance is taken by a small grower 50% subsidy will be paid by the Coffee Board in the premium and the complainant has only paid 50% of the premium. As per the scheme norms as explained in the scope of coverage, claim assessment is solely based on the Rainfall recorded in the notified Reference Rain Gauge weather station (RRG's/RWS) notified for the Coffee subzone and the term sheet specified for the Coffee zone under which the respective subzones are grouped & there is no physical field level individual loss assessment. As per the notification produced by opposite parties 3&4 thus is no short rain fall or excess rain fall in both the station at Ambalavayal and Ammayipalam and no loss is occurred in that area for Coffee Cultivation in the complainants coffee estate comes under the Ambalavayal Rain gauge weather station. It is submitted that as per the scheme and terms of the risk 2013-2014 the AIC is the authority to settle that claim if any payable to the insured. In the settlement of claims if any made by the insured, the role of Coffee Board is NIL as per the risk 2013-2014, hence it is submitted that there is no consumer dispute against these parties and no cause of action as such to file the complaint by the complainant against these opposite parties No.1 and 2.
4. In the version, opposite parties No.3 and 4 stated that there is no consumer dispute in the alleged set of facts and the complaint is not maintainable against this opposite party. Again submitted that the Coffee Rainfall insurance is a unique rainfall based insurance scheme specially designed for the coffee growers of the country. This Scheme has been designed by the Agriculture Insurance Company of India Limited (AIC) in consultation with Coffee Board (which functions under Ministry of Commerce and Industry ,Government of India) which has provided the technical inputs for the Scheme and the Field Level experiences the Coffee Growers Associations. The insurance scheme provides effective risk management aid to those coffee growers likely to be impacted by adverse rainfall incidence rainfall is the most critical weather parameter affecting blossom and yield of coffee. All the coffee growers in the country cultivating Arabica/Robusta coffee are eligible to buy the insurance. The small growers owning up to 10 hectre are eligible for subsidy, support towards premium payable by them from the Government of India. The medium and large growers can subscribe to the scheme by paying full premium. The Scheme is purely voluntary. As per the Scheme norms as explained in the scope of coverage, Claim assessment is solely based on the Rainfall recorded in the notified Reference Rainguage Weather Stations (RRGs/RWS) notified for the Coffee Subzone and the Term Sheet specified for the Coffee Zone under which the respective Sub-Zones are grouped & there is no physical field level individual loss assessment. A grower can subscribe for the insurance cover either for any of the individual (except for standalone backing showers option) or for a combination of options as Blossom Showers, Monsoon Showers, Post-Monsoon Showers, Blossom & Backing Showers, Blossom & Monsoon Showers, Blossom, Backing & Monsoon Showers, Blossom, Backing, Monsoon & Post Monsoon Showers, Monsoon & Post Monsoon Showers. Premium & Subsidy the premium differs from zone to zone/year to year as per the historical data of the zone and is as per the Term Sheet attached. The farmers can choose all the 4 options/combinations of phases or individual option With respective sum insured. Further it is submitted that the approach of RISC is "Area Approach" and Coffee Subzones so grouped are linked to specific weather stations . The claim arises only in case of 'Adverse Weather Incidence' which is equivalent to the deviation between 'Trigger Weather' ( as per the Term Sheet mentioned in point 5 above) and 'Actual Weather' data recorded at the notified 'Reference Weather Station' during the specified time period mentioned as in the term-sheet The petitioner cannot be allowed to his own criteria to justify the claims. Moreover the petitioner had full knowledge of all the scheme norms at the time of enrollment as evidenced by the proposal form where in the salient norms are given in vernacular language. Hence the averment in the complaint that the petitioners are entitled to get compensation is irrational against the Scheme norms and invalid. As per the rainfall data this petitioners are not entitled to get any compensation.
5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
6. Point No.1:- The complainants filed chief affidavit and examined as PW1. Ext.A1 and A2 documents were marked. Authorized representative of opposite party No.3 and 4 present and examined as OPW1 and Ext.B1 to B12 documents were marked. Authorized representative of opposite party No.1 and 2 were present and examined as OPW2. The complainant argued that they are the policy holders of opposite party's rainfall Insurance Scheme as per Ext.A1 and A2. The insurance policy coverage is for Blossom backing, Monsoon and Post Monsoon Showers. As per the Ext.A1 and A2 policies, the cover is for 1.6 hector each. The Blossom rainfall period starts from 20.02.2013 to 05.04.2013 the condition is the pay out will start if the cumulative rainfall is less than 20 mm in 7 consecutive days during the specified period. In case of multiple events and all of less than 20 mm (over 7 consecutive days), the event the maximum rainfall would be considered. The tigger and payments slab is rainfall less than 20mm the pay out is Rs.2,000/-, the rainfall is below 50mm the pay out is Rs.3,000/-, the rainfall is 12mm the payout is Rs.4,500/-, the rainfall less than 8mm the payout is Rs.6,000/- the rainfall is below 5mni the payout is Rs.8,000/- than 8 mm the payout is Rs.6,000/- the rainfall is below 5mm the payout is Rs.8,000/-. The petitioners' properties are situated in Sulthan Bathery Coffee Zone and Sub-Zone and reference weather station mentioned in the Ammaipalam. At the relavent period mentioned as per the policies there is no rain or rainfall reported at Ammaipalam reference weather station. So the complainants argued that they are entitled to get compensation for Rs.8,000/- xl.6 = Rs.12,800/- for loss of Blossom rainfall and loss of Backing rainfall Rs.4,000/-xl.6=Rs.6,400/- and Total Rs.19,200/- in each cases individually.
7. Opposite parties opposed the case stating that the Coffee Board is a body constituted for the promotion of Coffee throughout India and guide the farmers for the same, which also functions under ministry of commerce and Industry. The above scheme is specially designed by the Agriculture Insurance Company of India Ltd (AIC) in consultation with the Coffee Board for the protection of farmers from adverse weather conditions. As per the Ext.B3 scheme, if the insurance is taken by a small grower 50% subsidy will be paid by the Coffee Board in the premium and the complainant has only paid 50% of the premium. As per the Ext.B4 notification produced by opposite parties 3&4 no short rain fall or excess rain fall in both the stations at Ambalavayal and Ammayipalam and no loss is occurred in that area for Coffee Cultivation. The complainants coffee estate comes under the Ambalavayal Rain gauge weather station.
8. Opposite party No.3 and 4 contented that the Coffee Rainfall insurance is a unique rainfall based insurance scheme specially designed for the coffee growers of the country. This Scheme has been designed by the Agriculture Insurance Company of India Limited (AIC) in consultation with Coffee Board ( which functions under Ministry of Commerce and Industry ,Government of India) which has provided the technical inputs for the Scheme and the Field Level experiences the Coffee Growers Associations. The insurance scheme provides effective risk management aid to those coffee growers likely to be impacted by adverse rainfall incidence. Rainfall is the most critical weather parameter affecting blossom and yield of coffee. The notified Coffee sub zones are linked to specific Reference Rainguage Stations (RRG's)/Reference Weather Stations (RWS's) and the weather data from these RWS are utilized for the purpose of assessment of compensation as per scheme. The Coffee Zones, Subzones ,Reference Rainguage /Weather Stations (RRG's/RWS) and Back up Weather Stations(BWS) are notified in the RISC 2013-14 Scheme Brochure. As per the Scheme norms as explained in the scope of coverage, Claim assessment is solely based on the. Rainfall recorded in the notified Reference Rainguage Weather Stations (RRGs/RWS) notified for the Coffee Subzone and the Term Sheet specified for the Coffee Zone under which the respective Sub-Zones are grouped & there is no physical field level individual loss assessment. A grower can subscribe for the insurance cover either for any of the individual (except for standalone backing showers option) or for a combination of options as Blossom Showers, Monsoon Showers, Post-Monsoon Showers, Blossom & Backing Showers, Blossom & Monsoon Showers, Blossom, Backing & Monsoon Showers, Blossom, Backing, Monsoon & Post Monsoon Showers, Monsoon & Post Monsoon Showers.
9. Sum Insured:- Maximum sum insured per hectare for Arabica and Robusta varieties shall be Rs.40,000/- and Rs.30,000/- respectively for covering all risk options like Blossom, Backing, Monsoon & Post Monsoon phases. This is the maximum indemnity that AIC will pay in all under each policy. Premium & Subsidy:- The premium differs from zone to zone/year to year as per the historical data of the zone and is as per the Term Sheet attached. The farmers can choose all the 4 option/combinations of phases or individual option with respective sum insured. In the event that, in the geographical location (ie the Coffee Sub Zone) and during the specified insurance period as per the insurance cover, the actual rainfall is deficit/excess compared to the specified trigger level in the Term Sheet for the Coffee Zone/the benefit payable to the insured shall be a sum specified corresponding to the trigger level, subject to maximum of the sum insured specified under various options of the scheme. Claims are automated and will be settled on the basis of actual rainfall data (Ext.B7) received from the notified Reference Rainguage Stations /Reference Weather Stations(RRG's /RWS's ). Claims are directly credited to the Bank account of the insured grower wherever possible or at Par cheques in the name of the insured and dispatched by Registered Speed Post, as specified in the proposal form. As in the case of all Schemes implemented by AIC , every earnest effort was undertaken to create awareness about the Scheme through Mass Media (News Paper Advertisement, All India Radio Audiospots), Insurance Intermediaries & also by issuing notices regarding the Scheme in all the implementing districts for RISC 2013-14 also.
10. Complainant argued that in Ext.A1 and A2 policy (Cover Note) reference weather station is noted as Ammaipalam instead of Thomattuchal weather station. Opposite parties opposed this stating that it was a mistake. As per the terms and conditions of the policy, condition No.9 “it is mentioned that any difference in details entered may be intimated in writing to AICIL within 10 days of the receipt of cover note”. But in this case complainants failed to intimate the “difference in weather station” to the opposite party No.3 and 4 in time. Hence we are of the opinion that it was a genuine mistake. On verification of Ext.B7 notification and Ext.B8 payout summary, we found that there is no short rain fall or excess rain fall in both the stations at Ambalavayal and Ammayipalam and no loss is occurred in that area for Coffee Cultivation. The complainants coffee estate comes under the Ambalavayal Rain gauge weather station. As per rain fall data Ext.B7 there is no claim in Thomattuchal sub-zone based on weather data of RWS at Ambalavayal, even if the wrong RWS at Ammayipalam is considered, as per the weather data, no claim is payable in the coffee subzones notified under the said RWS as per the Actual weather Data of RWS at Ammayipalam. On an overall evaluation of the pleadings and records we opine that in any way complainant is not entitled to get compensation from the opposite parties. Hence there is no deficiency of service from the part of opposite parties.
In the result, the complaint is dismissed.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 15th day of February 2016.
Date of Filing:03.02.2015.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:-
PW1. Renjith. Complainant.
Witness for the Opposite Parties:-
OPW1. Vimal. C. V. Administrative Officer, Agricultural Insurance
Companyof India Ltd, Trivandrum.
OPW2. Malligarjun. N. A. Senior Laison Officer, Coffee Board, Sulthan Bathery.
Exhibits for the complainants:
A1. Cover Note (Rainfall Insurance Scheme-Coffee (RISC) 2013-14 In the name of
P. Ranjith.
A2. Cover Note (Rainfall Insurance Scheme-Coffee (RISC) 2013-14 In the name of
Shylaja. K. M.
Exhibits for the opposite parties:-
B1. Copy of Proposal Form.
B2. Copy of Proposal Form.
B3. Rainfall Insurance Scheme for Coffee (RISC) 2013-14.
B4. Copy of Term-sheet.
B5. Copy of Notice.
B6. Copy of Newspaper Advertisement.
B7. Copy of Daily Rainfall Data of Reference Weather Station Ambalavayal.
B8. Copy of Payout Summary.
B9. Copy of Proposal Form.
B10. Copy of Judgment of Honorable High Court of Patna.
B11. Copy of Daily Rainfall Data of Reference Weather Station Ambalavayal.
B12. Copy of Payout Summary.
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PRESIDENT, CDRF, WAYANAD.
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