By Sri. P. Raveendran, Member:
Brief of the complaint:
The Complainant is an agriculturist and cultivated 300 plantains in his land. The plantains were insured with the 1st Opposite Party on 27.03.2009 through 2nd Opposite Party. All the 300 plantains were completely destroyed on 16.07.2009 due to heavy floods lashed in Wayanad District. Even though the Opposite Party was liable to pay Rs.12,000/- the Complainant has given only 6,490/- and thereby Opposite Party was not fulfilled the conditions stipulated in the agreement. That amounts to deficiency of service on the part of the Opposite Party. Hence it is prayed to direct 1st Opposite Party to pay Rs.5,510/- with 9% interest from 16.07.2009 and pay Rs.4,500/- towards mental agony and cost of the complaint.
2. 1st and 2nd Opposite Parties appeared and filed their version. In the version of 1st Opposite Party he admits that 300 plantains were insured by the Complainant. As per the claim form dated 29.07.2009 they processed the claim form as per the terms and paid Rs.6,490/- to the Complainant. Since the Complainant has received the cheque towards full and final settlement of the claims arising under the policy there is no deficiency in service on the part of the 1st Opposite Party and the Complaint may be dismissed with cost of the Opposite Party.
3. The 2nd Opposite Party also filed their version. In their version they admitted that the Complainant has cultivated 300 plantains and the same were insured with 1st Opposite Party through the 2nd Opposite Party. A claim form was submitted by the Complainant. The Assistant Manager of the VFPCK was respected the spot and found that 285 plantains were destroyed due to heavy flood in Wayanad District. The 2nd Opposite Party recommended in the claim form to pay Rs.9,120/- to the Complainant. But the 1st Opposite party has sanctioned only Rs.6,490/-.
4. On perusing the complaint and versions, the following points are to be considered.
1. Whether there is any deficiency of service on the part of the 1st Opposite
Party?
2. Relief and cost.
5. Point No.1:- To prove Complainants case he has filed his proof affidavit and also produced Ext.A1 and Ext.A2 documents. In the proof affidavit he has stated as stated in the complaint. Ext.A1 is the copy of conditions of insuring the plantain and Ext.A2 is the copy of cheque for Rs.6,490/-. 1st Opposite Party has produced Ext.B1 document which is none other than the copy of claim form. On perusing the entire documents it is clear that the Complainant has insured 300 plantains with 1st Opposite Party and out of which 285 plantains were destroyed due to heavy flood in Wayanad District. So he is entitled to get Rs.9,120/- from 1st Opposite Party. But it is seen that the 1st Opposite Party has sanctioned only Rs.6,490/- to the Complainant. Non sanctioning of the entire amount is deficiency of service on the part of 1st Opposite Party. Point No.1 is decided accordingly.
6. Point No.2:- The Complainant is entitled to get Rs.9,120/- from 1st Opposite Party. But 1st Opposite Party has sanction Rs.6,490/- only. 1st Opposite Party has to pay the balance amount ie Rs.2,630/- to the Complainant with 9% interest from the date of filing the complaint till the payment is made. The Complainant is also entitled to get Rs.600/- as cost of this litigation.
In the result, the complaint is partly allowed and 1st Opposite Party is directed to pay Rs.2,630/- (Rupees Two thousand Six hundred and Thirty only) to the Complainant with 9% interest from the date of filing the complaint ie from 27.08.2010 till the payment is made. 1st Opposite Party is also directed to pay Rs.600/- (Rupees Six hundred only) towards the cost of this litigation.
Pronounced in open Forum on this the day of 26th April 2011.
Date of filing:27.08.2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
A P P E N D I X
Witness for the Complainant:
PW1. V.J. Kurian. Complainant.
Witness for the Opposite Parties:
Nil.
Exhibits for the Complainant:
A1 Copy of the conditions of insuring the plantain.
A2. Copy of the cheque
Exhibits for the Opposite Parties:
B1. Claim and Verification Report.
