Dtd.21.12.2022                               A/2421 to 2431/2022

COMMON ORDER IN

APPEAL NOS.2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2430 & 2431 OF 2022

      BY Mr.K.B.SANGANNANAVAR : Pri.Dist & Session Judge (R) - JUDICIAL MEMBER.

1.    These are the appeals filed U/s.41 of CPA 2019 by OP.2/Appellant aggrieved by the order dtd.20.08.2022 passed in CC/90 to 100/2020 on the file of Gadag District Commission.
2. The Commission examined grounds of appeal, impugned order, appeal papers submitted along with these appeals. We heard for  the learned counsel for Appellant/OP.2.
3. The brief facts of the case of these appeals would be, R1 to R10 being customers have maintained Savings Bank Account with OP.2/Appellant bank. They are loanee farmers insured Bengalgram crops grown in their respective lands under Karnataka Raitha Suraksha/Pradhana Mantri Fasal Beema Yojana (PMFBY) and Restructured Weather Based Crop Insurance Scheme (RWBCIS) for the year 2016-17. This scheme was implemented by the Government of India and Government of Karnataka. OP.1 is Deputy Commissioner, Gadag District, while OP.3 Incharge Officer, The Agriculture Insurance Company of India Ltd., Bengaluru. Learned counsel for Appellant/OP.2 submit that Insurance Company supplied Insurance Scheme Proposal Form to the needy farmers and to the banker. In pursuance of the aforesaid scheme under PMFBY and RWBCIS, the respective Complainants have submitted their proposal form for the proposed insurance scheme through Appellant bank. This proposal form was supplied by OP.3. Under this proposal Gadag district is classified as cluster no.2 and allocated it to OP.3. Learned counsel submit that, in so far as collection of premium by the respective Complainants is admitted and it was forwarded to OP.3 for further needful. The role of banker in order to implement the scheme properly, the branches shall maintain the required information, particulars, in excel format for the loanee farmers and non-loanee farmers. The branch shall collect insurance premium as per the rates applicable to the schemes of these insurance products. The branches shall submit declarations crop wise, defined area wise details, category farmer wise on monthly basis in the format prescribed by the insurance company within the prescribed time and collect insurance premium and remitting the same to the insurance company and insurance proposal will remain in the custody of the bank. The bank incorporates insurance details in insurance portal ‘Samrakshana’ and reports the same to the insurance company. The branches shall forward the declaration forms to insurance companies. This insurance premium is forwarded through RTGS to the insurance company. The insurance company shall admit and acknowledge the insurance premium. Learned counsel submits, yet the Commission below dismissed the case filed by respective Complainants against OP.1 & 3 and directed OP.2/banker to pay the claim amount is contrary to the facts and law is liable to be set aside.
4. The learned counsel submits OP.2/Appellant as a banker has to follow guidelines as to how the scheme has to be implemented as stated above and the banker has strictly followed the guidelines collecting premium from respective Complainants and transferred the premium amount to OP.3/insurer by uploading in Samrakshana Portal of OP.1, yet the Commission below wrongly held OP.2/Appellant mentioned the land of respective Complainants as irrigated in the proposal form and submits that as per annexure 3/View Proposal form – Insurance and Proposer Data is showing corresponding to the crop nil and the banker cannot change whether the crop was rainfed or irrigated. He submits that when crop Jowar is mentioned automatically in crop line it comes ‘R’ that mean rain fed land and when Bengalgram is mentioned automatically it comes ‘I’ that mean irrigated land which cannot be changed by banker was not properly perceived by the Commission below to appreciate that role of OP.2/banker was fulfilled as per guidelines to implement the above stated two schemes of Government of India and Karnatakaka, yet the Commission below dismissed the case of the respective Complainants against OP.1 & OP.3/insurer. In our view it is the duty of OP.1/DC to monitor all these issues of agriculturist in order to strictly implement the scheme by giving direction to OP.3/insurer since portal is maintained by OP.1 and the banker has to collect the premium amount in order to upload in Samrakashana portal and transfer the amount through RTGS to OP.3/insurer. Learned counsel rightly submit even the Commission below found as per the directions of Deputy Commissioner, Tahashildar, Ron had personally visited the lands of Complainants and submitted the report stating that the lands of Complainants are rain fed and not irrigated, yet dismissed the complaint against OP.1 & OP.3/insurer has to be held contrary to the facts and law, in other word, Commission below failed to perceive Samrakshana portal, role of OP.2/banker, role of OP.1/DC and role of OP.3/insurer in indemnifying the loss sustained by the beneficiaries who have paid premium to OP.2 banker as a loanee account holder of the said bank.  Learned counsel submit that a letter was addressed to Principal Secretary, Department of Agriculture on 27.07.2018 to rectify the portal in so far as Bengalgram is concerned as it comes under irrigated lands was also placed before the Commission below as per Ex-C35 & 36 were not considered by the Commission below. In such circumstances, in our view, it would be just and proper to remit back all these matters to Commission below to reconsider their cases as observed in this order. In order to avoid further delay Commission dispense with issuance of notice of these appeals to R.1 to 12. In the result, proceed to allow the Appeal nos.2421, 2422, 2423, 2424, 2425, 2426, 2427, 2428, 2429, 2430 & 2431 of 2022, consequently set aside the impugned orders passed in CC/90, 91, 92, 93, 94, 95, 96, 97, 98, 99 & 100/2020 dtd.20.08.2022 with a direction to Commission below to readmit all the cases and reappreciate the materials on record as early as possible not later than 3 months from the date of receipt of this order.
5. The amount in deposit is ordered to be refund in favour of the Appellants with proper identification by their advocate.   
6. Notify copy of this Order to the District Commission and parties.

   Lady Member                                Judicial Member               

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