Complaint filed on: 24-12-2019
Disposed on: 23-06-2021
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.189/2019
DATED THIS THE 23rd DAY OF JUNE, 2021
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: -
R.R.Ravish
S/o T.Rangaiah @ Rangaswamaiah
52 years, R/at S.Lakkihalli,
C.S.Pura post, Kasaba hobli,
Tiptur taluk, Tumkur district
(By Sri.G.Virupaksha, Advocate)
V/s
Opposite parties:-
- Secretary,
Prathamika Krushi Pattina Sahakara
Sangha Niyamitha, Tadasuru,
Tiptur taluk, Tumkur district
- B.C.Mallikarjunaiah
Chief Executive Officer,
Prathamika Krushi Pattina Sahakara
Sangha Niyamitha, Tadasuru,
Tiptur taluk, Tumkur district
- The Manager,
Agriculture Insurance Company of
India Ltd, No.18, 3rd Floor,
Karnataka Krushika Samaja,
Nrupathunga road, Hudson circle, Bengaluru-01
(OP No.1 & 2 - Exparte)
(OP No.3-by Sri.Mohamed Afroze Ahamed, Advocate)
ORDER
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed under Section 12 of the Consumer Protection Act, 1986 to direct the Opposite parties to pay insured amount of Rs.1,00,000-00 with interest for the loss of crop during the year -2018-2019.
2. The OP Nos.1 and 2 are Prathamika Krushi Pattina Sahakara
Sangha Niyamitha, Tadasuru branch, Tiptur taluk, Tumkur district and OP No.3 is Agricultural Insurance Company of India Ltd (the OP No.1 and 2 hereinafter called as bank and OP No.3 as insurer).
3. It is the case of complainant that he being the owner of lands Sy.No.90/2 measuring 01 acre 2 guntas, Sy.No.58/2 measuring 24 guntas, Sy.No.90/1 measuring 01 acre 02 guntas and Sy.No.28 measuring 01 acre 33 guntas situated within the limits of Lakkihalli Kaval village, Kasaba hobli, Tiptur taluk, Tumakuru district. The complainant has insured Ragi crop on 2-7-2018 by paying premium amount of Rs.1,376-00 through OPs bank. The OPs bank has paid the amount to the 3rd OP insurer. It is further case of complainant that during the year 2018-19 on account of drought he could not get any crop consequently, sustained loss. The complainant did not receive crop insurance amount, then he wrote a letter to the OPs on 20-11-2019 for release of crop insurance amount but there was no response hence, he approached this Commission.
4. The 3rd OP-Insurer appeared through its learned counsel in response to notice and filed written version stating that the Pradhan Mantri Fasal Bima Yojana (PMFBY) is being implemented in the country with effect from 23-2-2016. The 3rd OP submitted that the complainant has demanded for claim settlement in respect of Green gram grown on rainfed basis pertaining to Tiptur hobli for Kharif 2018-19 season. The State Level Coordination Committee on Crop Insurance (SLCCCI) has assessed the loss of crop in Tiptur hobli, Tiptur taluk as per the guidelines of PMFBY scheme and claim percentage worked out at 80% for green gram crop. There is no shortfall in yield in respect of the above said crop during the year 2018-19 as such the complainant is not entitled for crop compensation. Therefore, the insurer has already settled all the eligible claims as per the declarations sent by Nodal banks hence, there is no claim pending to be settled as per scheme. There is no deficiency in service on the part of insurer or negligence on its part. On the above grounds, the insurer 3rd OP asked to dismiss the complaint.
5. The OP Nos.1 and 2 bank despite the service of notice was proceeded exparte.
6. The complainant has filed affidavit evidence and got marked Exs-P1 to P21. On behalf of the 3rd OP its Deputy Manager one J.M.S.Ahmed filed affidavit evidence and got marked Exs.R1 to R9
7. We have heard the arguments advanced by the learned by the complainant and learned counsel representing the 3rd OP and the points that would arise for determination are as under:
1) Whether the complainant proves the deficiency in service on the part of OPs?
2) Is complainant entitled to the reliefs sought for?
8. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative
Point No.2: In the partly affirmative for the below
REASONS
9. Point No.1 to 2: The learned counsel for the complainant submitted that the complainant has paid the insurance premium amount before the cutoff date. The insurer has not disputed payment of insurance premium by the complainant through his banker for the year 2018-19. The OP No.3 has taken contention in the written version and affidavit evidence that the complainant has demanded for claim settlement in respect of green gram (rain fed) pertaining to Tiptur hobli under PMFBY khariff 2018-19. The defence of insurer is contrary to the claim of complainant in respect of Ragi crop. The complainant produced Ex-P9 copy of application submitted to the OP bank for the year 2018 insuring Ragi crop by premium of Rs.1376-00 for an area of 04 acres 21 guntas. Exs-P10 and 18 are the copy and original premium payment receipts dated 2-7-2018. The complainant has insured Ragi crop but the OP insurer has taken defence that the complainant claimed settlement in respect of green gram crop. The insurer has not produced any documents to show that the complainant had insured green gram crop in the year 2018 under PMFBY scheme. Therefore, the defence of insurer cannot be looked into.
10. The PMFBY aims at supporting sustainable production in agriculture sector by way of providing financial support to farmers suffering crop loss or damage arising out of unforeseen events and stabilizing the income of farmers to ensure their continuance in farming. Weather Based Crop Insurance Scheme (WBCIS) aims to mitigate the hardship of the insured farmers against the likelihood of financial loss on account of anticipated crop loss resulting from adverse weather conditions relating to rainfall, temperature, wind, humidity etc.
11. Under PMFBY the State Government has formed the State Level Co-ordination Committee on crop insurance and District Level committee to assess the loss suffered by farmers by using Crop Cutting Experiments (CCE) method. On the basis of report submitted by committee loss yield report is updated in the State Samrakshane portal.
12. The complainant produced Ex-P19 pamphlet issued by the Department of Agriculture, Tiptur and Zilla Panchayath, Tumakuru explaining the purpose of PMFBY, payment of insurance premium by farmers to different crops to be raised in Tiptur taluk during the year 2018-19. In this Ex.P9 the farmer can insure Ragi crop for a sum of Rs.15,200-00 per acre, premium amount is Rs.304-00 per acre and last date for payment of premium was on 31-7-2018. The complainant has paid proper premium of Rs.1376-00 for 04 acres 21 guntas before cutoff date. The complainant produced Ex-P21 letter dated 9-12-2020 issued by the Asst. Director of Agriculture, Tiptur taluk, Tiptur in response to the complainant representation. According to Ex-P21 threshold yield of Ragi was 1158.87 kgs per hector. The insurer has produced Ex-R8 dated 30-3-2019 issued by the Director of Economic and Statistics to the Commissioner of Agriculture department, Bengaluru in respect of Khariff crop yield for the year 2018-19 of Tiptur taluk. According to Ex-R8 in Kasaba hobli of Tiptur taluk Ragi crop actual yield was 792.17 kgs per hector during the year 2018-19.
Threshold yield – 1158.87 kg per hector
(-) Actual yield – 792.97 kg per hector
Short fall of Ragi crop
during the year
2018-19 - 365.90 kg per hector i.e.32% per hector
Insured amount for 04 acres 21 guntas comes to Rs.63992-00. Short fall of 32% per hector of Ragi crop taken into consideration the complainant has sustained loss to the extent of Rs.10238-00 for 04 acres 21 guntas.
13. The insurer without considering the claim of complainant for Ragi crop has filed defence that there was no short fall in green gram crop. The complainant is entitled to crop insurance amount of Rs.10,238-00 rounded of Rs.10,240-00 with interest @ 8% per annum from 01-08-2018 till the date of payment with litigation expenses of Rs.10,000-00. The OP No.3 insurer shall liable to pay crop insurance compensation and litigation cost to the complainant. In the result, we proceed to pass the following;
ORDER
The complaint is partly allowed directing the OP No.3 insurer to pay a sum of Rs.10,240-00 with interest @ 8% per annum from 01-08-2018 till the date of payment.
It is further ordered that the OP No.3 insurer shall pay litigation cost of Rs.10,000-00 to the complainant within 45 days from the date of order otherwise, it carries interest @ 8% per annum from the date of filing complaint till the date of payment.
The complaint against OP No.1 and 2 is dismissed.
Furnish the copy of order to the complainant and opposite parties at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 23rd day of June, 2021).
LADY MEMBER MEMBER PRESIDENT
