Karnataka

Chitradurga

CC/22/2019

Sri K.T.Thippeswamy, S/o Thimmanna - Complainant(s)

Versus

Sri Nasira, S/o Ismail - Opp.Party(s)

Sri.Thippeswamy.N

01 Oct 2019

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:244/2018, 256/2018, 257/2018, 260/2018, 261/2018, 263/2018, 287/2018, 297/2018, 300/2018, 21/2019 and 22/2019

 

DATED: 1^st September 2019

PRESENT :-     SMT.C.M. CHANCHALA         : PRESIDENT                   B.A.L., LL.B.,

                        SRI. SHIVAKUMAR.K.N         :     MEMBER

                             M.Com., LL.B.,

 

CC.NO:244/2018, 256/2018, 257/2018, 260/2018, 261/2018, 263/2018, 287/2018, 297/2018, 300/2018, 21/2019 and 22/2019

 

……COMPLAINANT/S	Sri. Eshwarappa K.T. S/o Thippanna Aged about 55 years, Agriculturist, Madanayakanahalli, Chitradurga.     Smt. M.E. Drakshayani w/o Thimmareddy D.R.Agriculturist, Madanayakanahalli, Chitradurga.     Smt. Asha S.J. D/o S.T. Jayanna, Aged about 55 years, Agriculturist, Madanayakanahalli, Chitradurga.     Smt. T. Shanthamm W/o R.T. Jayanna, Aged about 50 years, Agriculturist, Madanayakanahalli, Chitradurga.               Sri. S.T. Thippeswamy S/o Thippeswamy, Aged about 60 years, Agriculturist, Madanayakanahalli, Chitradurga.     Sri. Jayanna S/o Thipperudrappa, Aged about 58 years, Agriculturist, Madanayakanahalli, Chitradurga.     Sri. K.T. Thipperudrappa, S/o SannaThippanna, Aged about 48 years, Agriculturist, Madanayakanahalli, Chitradurga.     Sri. MadivalaraDoddaKriyappa, @ MadivalaraKriyappa, S/o Veerabhadrappa, Aged about 65 years, Agriculturist, Madanayakanahalli, Chitradurga.     Sri.Murughendrappa S/o Gangadharappa, Aged about 55 years,Agriculturist, Madanayakanahalli, Chitradurga.     C.No. 22/2019 Sri. K.T. Thippeswamy, S/o Thimmanna, Aged about 45 years, Agriculturist, Chikkagondanahlli, Chitradurga.   (Rep by Sri.Thippeswamy N. Advocate in all the cases)
V/S
…..OPPOSITE PARTIES	CC.Nos.244/2018, 256/2018, 257/2018, 260/2018, 261/2018, 263/2018, 287/2018, 297/2018, 21/2019 and 22/2019   1. Sri. Nasira, S/I Ismail, Aged about 30 years, Propritor, C.S.C Center, I.F.C. Code ( C.S.C.Center) I.F.C. Code (C.S.C.001) Tippu Circle, Agasanakallu road, Chitradurga.   2. The Manager, Universal Shampo General Insurance Company Limited, Divisional Office, 3rd Floor, K.V.V. Smart, 217/A, 3rd Main road, Outer Ring Road, KasturiNagara, Bengaluru-43.   (Rep by OP.2 by Sri. K. Mohan Bhata, Advocate& OP No.1 ex-parte)
……COMPLAINANT/S	Sri. Manjanna @ Manjappa K.C. S/o Channappa, Aged about 48 years, Agriculturist, Madanayakanahalli, Chitradurga.
…..OPPOSITE PARTIES	1. The Manager, D.C.C. Bank, Chitradurga Branch, OPP., Court Complex, Chitradurga.   2. The Manager, Universal Shampo General Insurance Company Limited, Divisional Office, 3rd Floor, K.V.V. Smart, 217/A, 3rd Main road, Outer Ring Road, KasturiNagara, Bengaluru-43.   (Rep by OP.1 by Sri. KalidAhmmed, Advocate and OP No.2 by Sri. K. Mohan Bhata, Advocate)

 

Pronounced on 1^st October 2019 .

Written by SRI. SHIVAKUMAR.K.N: Member                       

.

 

 

ORDER

 

The complainants in all the cases have filed these complaints against the OPs for issued direction to pay the insurance amount with interest and mental agony, loss of time and for such other reliefs.

Since the above complaints have been filed against the same OPs, for the similar reliefs and compensation thereon and also for costs and interest and since the above matters are similar and for the sake of convenience they have been clubbed together and after hearing the arguments, above cases have been posted for orders. 

2. The complainant in complaint No.256/2018 is the absolute owner of the land bearing SY. No. 94/4 measuring 3.20 guntas, complainant in complaint No.257/2018 is the absolute owner of land in Sy. No.54/2 measuring 5 acres, complainant in complaint No.260/2018 is the absolute owner of land in Sy.No.107/1 measuring 5 acres, complainant in complaint No.261/2018 is the absolute owner of lands in Sy. No.100/2P-3 measuring 8 acres, sy No.42/3A-3 measuring 1-35 guntas, and complainant in complaint No.263/2018 is the absolute owner of land in Sy. No.63/8B measuring 1 acre, sy No.63/9B measuring 1-23 guntas and sy.No.29/P-2 measuring 2-20 guntas, complainant in complaint No.287/2018 is the absolute owner of land in Sy. No.8/8B measuring 1 acres, complainant in complaint No.297/2018 is the absolute owner of land in Sy. No.63/21B measuring 3 acres, complainant in complaint No.300/2018 is the absolute owner of land in Sy. No.113/1P1 measuring 0-38 acres, sy.No.112/3BP-3 measuring 1-00 acre and Sy.No.10/1 measuring 3-00 acres, complainant in complaint No.21/2019 is the absolute owner of land in Sy. No.124/2 measuring 2 acres, complainant in complaint No.22/2019 is the absolute owner of land in Sy. No.119/2 7-07 acres, all situated at Madanayakanahalli Village. The complainants haves own Maize crop in the above said lands during kharaff-2017-18. It is further submitted that, the complainants in all the cases have paid the respective premium amount through OP No.1 to the OP No.2/insurance company under Pradhan Manthri Fasal Bima Yojana (PMFBY) as per the Orders of Government of India with an objectives of, to provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crop as a result of natural calamities, pests and diseases. Accordingly maize crop of the complainants was failed due to shortfall of rain and losing of crops in the said village in year 2018. Due to loss of the maize crop, the complainants approached the OP No.2 for claiming compensation amount, but the OP No.2 has repudiated the same and stating that there is no crop loss of the former in the said village. The complainants have issued the legal notice to the OP No.1 and 2. After receiving of the notice they have not settled the claim. Hence the present complaints.

3. After issuance of notice to the OPs, OP No.2appeared through one Sri K.M. Mohan Bhatt filed Vakalath on behalf of OP.2.   OP No.1 in complaint No.300/2018 appeared through Sri. Kalid Ahammed, Advocate and filed version.  In rest of the complaints, OP No.1 did not appear before this Forum, hence, placed ex-parte. 

4.     According to the version filed by the OP No.1 in complaint No.300/2018, it is stated that, the complaint filed by the complainant is not maintainable as it is not a necessary party.  It is further submitted that, it has collected the insurance premium amount from the complainant and sent the same to insurance company well in time and therefore, the insurance company is held liable to pay the insurance amount to the complainant.  Hence, it is prayed that, the complaint is liable to be dismissed as there is no deficiency of service on its part. 

5. According to the version filed by the OP No.2 it is true that the complainants having agricultural lands as stated supra in Madanayakanahalli village.  Further it is true that they have SB accounts with the OP No.1 Bank.  It is true they have obtained insurance premium for Maize crop and paid the respective premium amount to the OP No.2./insurance company and obtained the endorsement on the date of receiving the insurance premium.  The officer of the Agricultural Department have inspected the spot and asses the loss of Maize crop and submitted the report to the concerned authority.  The OP No.2 is held responsible for settling the claim of the complainants in all the cases. As per the data given by the Government, there is no loss of crops in the said village in year 2017-18. As per the application of complainants this OP would like to inform to this Hon’ble Court that the CCE Yield is higher than the threshold yield. Hence there is no crop loss of the farmer and hence no claim is reflected in the Portal. PMFBY is being implemented in the country under the orders of Government with an objectives to provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crop as a result of natural calamities, pests and diseases.

6.      Complainants themselves have examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-4 were got marked and closed his side.  

 

7.      Arguments heard.

8.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OP No.2 have failed to deposit the insured amount to the complainants account and committed deficiency of service to the complainant and entitled for the reliefs as prayed for in the above complaints?

              (2) What order?

9.      Our findings on the above points are as follows:-

                   Point No.1:-Partly in Affirmative. 

                   Point No.2:- As per final order.

 

REASONS

10.    Point No.1:- There is no dispute between both parties that, the complainants are the absolute owners of lands situated at Madanayakanahalli Village, Chitradurga taluk and District stated supra and have sowed the Maize crop during the year 2017-18 Khariff season in the said lands, they have paid the respective premium amount through OP No.1 to the OP No.2/insurance company under Pradhan Manthri Fasal Bima Yojana (PMFBY) as implemented in the country under the Orders of Government with an objectives of, to provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crop as a result of natural calamities, pests and diseases, as maize crop of the complainants was failed due to shortfall of rain and sustained loss of crops in the said village in the year 2017-18, they have approached the OP No.2 claiming compensation amount, but the OP No.2 has repudiated the same stating that there is no crop loss of the formers in the said village due to shortfall of rain.

11. According to the EX-A 1 TO 3 produced by the complainants, it is proves that they all are having SB A/c in OP No.1 bank and they have pair premium amount to the OP No.2 through OP.1, accordingly the OP No.2 has issued the endorsement on for having received the premium amount.

12. The allegation of the complainants is that due to short fall of rain their crop was lost in the year 2018 hence they are entitled to get insurance amount as claimed by them. To prove their contention the complainants have not produced any document to show that during the alleged year their crop was lost due to short fall of rain. However, in EX- A 4 there is a reference of the officer of the Agricultural Department that the complainants are entitled for the insurance claim according to the Govt order kruE/75/KruRaiYo/2017 Bangalore Dtd: 29-08-2017. Further at the time of arguments, the counsel appearing for the OP No.2 submits that the OP No.2 is ready to pay premium in all the above said cases as per the order passed in CC no.245/2018, Dtd: 27-08-2019. In CC no.245/2018 the Hon'ble Forum has awarded claim for Rs.5,060/- per acre for loss of crop. In view of the same we pass the following order.

                             ORDER

1. The complaints are partly allowed.

2. The OP No.2 is directed to pay Rs.74,015/- to the complainant in complaint No. 244/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony. And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

3.      The OP No.2 is directed to pay Rs.17,720/- to the complainant in complaint No.256/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

4.      The OP No.2 is directed to pay Rs.25,300/- to the complainant in complaint No. 257/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

5.      The OP No.2 is directed to pay Rs.26,360/-  to the complainant in complaint No. 260/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

6.      The OP No.2 is directed to pay Rs.65,673/- to the complainant in complaint No.261/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

7.      The OP No.2 is directed to pay Rs.25,300/- to the complainant in complaint No. 263/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

8.      The OP No.2 is directed to pay Rs.5,060/- to the complainant in complaint No.287/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

9.      The OP No.2 is directed to pay Rs.15,180/- to the complainant in complaint No. 297/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

10.    The OP No.2 is directed to pay Rs.25,066/- to the complainant in complaint No. 300/2018 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

11.    The OP No.2 is directed to pay Rs.14,819/- to the complainant in complaint No.21/2019 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

12.    The OP No.2 is directed to pay Rs.36,306/- to the complainant in complaint No.22/2019 along with interest @ 10 % per annum from the date of filing of this complaint within 4 weeks from the receipt of the copy of this order. OP.2 also shall pay Rs.3,000/- to the complainant as compensation for deficiency of service, and mental agony.  And also Court litigation cost of the proceeding charges of Rs. 3,000/- within 4 weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

Complaint against OP.No.1 is hereby dismissed.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(This order is made with the consent of Member after the correction of the draft on 01/10/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

PW-1:  Complainants by way of affidavit evidence in all the cases.

Witnesses examined on behalf of OP No.2:

DW-1: Sri. Ramesh.P, Senior Executive of OP No.2 by way of affidavit evidence.

Documents marked on behalf of Complainants in all the cases:

01	Ex-A-1:-	Acknowledgement by OP No.2 dated 02/08.2017
02	Ex-A-2:-	Aadhar Card
03	Ex-A-3:-	SB Account pass book.
04	Ex-A-4:-	Letter dated 03.10.2018 issued by lead Bank

 

Documents marked on behalf of OPs:

-Nil-

 

         (C.M.Chanchala  )

                       President.

                                                                                     

 

 

       (Shivakumar K.N)

                                                                                 Member.

 

Kms**