Karnataka

Chitradurga

CC/58/2018

Challappa S/o Late Buggala - Complainant(s)

Versus

The Branch Manager - Opp.Party(s)

J. Dhanajeya

21 Dec 2018

ORDER

COMPLAINT FILED ON :21/05/2018

               DISPOSED ON:21/12/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 58/2018 DATED:21st DECEMBER 2018

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :      PRESIDENT                             B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                BSc., MBA., DCA.,

LADY MEMBER

COMPLAINANTS	Challappa S/o Late Buggala Rangappa, Age: 75 years, Agriculturist, R/o P. Mahadevaura Village, Challakere Tq., Chitradurga District.   (Rep by Smt/Sri.Dhanunjaya.J, Advocate)
OPPOSITE PARTIES	1. The Branch Manager, Pragathi Krishna Gramina Bank, Kyadigunte Village, Challakere Tq, Chitradurga Dist.   2. The Branch Manager, TATA General Insurance Company Limited, 3rd Floor, J.P. and Devi Jambukeshar Arcade. No.69, Millers road, Bangalore.   (Rep by Smt/Sri.A.M.Rudramuni, Advocate for OP No.1 and Sri. B.M. Ravichandra, Advocate for OP No.2)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the opposite parties to direct the OPs to pay Rs.2,61,718/, the insured amount along with current interest and to grant such other reliefs.

2.     Brief facts of the complaint is that, he has availed weather based crop insurance policy for banana crop (tissue) with OP No.2 vide application No.141552 in respect of land bearing sy.No.158/*/2P1 measuring 7-acres 28-guntas situated at P. Mahadevapura village Challakere Taluk, Chitradurga District by paying premium amount of Rs.17,719 vide NEFT VTR No.PKGBH 16182867101 dated 30.06.2016.  Accordingly, the OP No.2 has issued cover note No.U85110MH2000PLC128425.  It is further submitted that, the Banana crop of the complainant was failed.  On 22.05.2017, the OP No.2 has announced village vise crop insurance coverage statement in respect of farmers of P. Mahadevapura village and as per the statement, the OP No.2 has paid the sum insured to the farmers of P.Mahadevapura village.  As per the statement, the complainant is also beneficiary and entitled to the sum assured amount of Rs.2,33,677/-.  In spite of repeated demands made by the complainant, the OP No.2 has not paid any amount to the complainant towards the sum insured.  Hence, the complainant has got issued legal notice on 24.01.2018 to OP No.2, the same has been duly served to OP No.2 on 27.01.2018, but the OP No.2 did not respond and not at all turned up to pay any amount till this day, which is a deficiency of service and prayed for allow the complaint.

  3.   After issuance of the notice to the OPs, OP No.1 appeared through Sri. A.M.Rudramuni, Advocate and filed version and Sri. B.M. Ravichandra, Advocate appeared on behalf of OP No.2 and filed version. 

According to the version filed by OP No.1, it is admitted that, the complainant has availed the loan for raising banana crop in the land bearing sy.No.158/P measuring 18-acres 32-guntas situated at P. Mahadevapura village, Challakere taluk, Chitradurga for Rs.6,00,000/- and he raised banana  crop in sy.No.158/*/1P1 to an extent of 7-acres 28-guntas.  It is true that, the complainant has paid Rs.17,719/- towards crop insurance to OP No.2 through OP No.1 vide NEFT VTR No.PKGBH 16182867101 on 30.06.2016.  It is false to state that, the banana crop of the complainant was completely failed.  The OP No.2 has to settle the insurance claim on the basis of report of the Joint Director of Agriculture, Panchayath Development Officer and Revenue Department on failure of crop and shortfall of crop list.  The OP No.1 has no authority to settle the crop insurance amount.  The amount claimed by the complainant is abnormal and the complainant has no basis to claim the same.  On the basis of the report of the Joint Director of Agriculture and Revenue Department, the OP No.2 has settled the claim of the complainant and the complainant is not entitled for any compensation amount from the OP No1 and hence, prayed for dismissal of the complaint.

According to the version filed by OP No.2, the allegations made in para 1 to 14 are admitted.  It is submitted that, the PMFBY is a scheme implemented by the Government and the same aims at providing financial support to farmers suffering crop loss/damage arising out of unforeseen events along with other objectives.  It is submitted that, the OP No.2 is not aware of the fact that, the complainant is an agriculturist and he owns land to an extent of 7-acrs 28-guntas in sy.No.158/*/1P1 situated at P. Mahadevapura village of Challakere Taluk and regularly complainant is sowing Banana Crop in his land, the same is denied and put to strict proof of the same.  It is denied that, on 22.05.2017 the OP No.2 had knowledge in relation to failure of banana crop and OP No.2 has announced village vise crop insurance coverage statement in respect of farmers of P. Mahadevpura village on 22.05.2017 and the same is to be proved by the complainant.  OP No.2 has no knowledge that, the complainant has paid the two premium amount of Rs.11,719/- and Rs.6,000/- Rs.17,719/- to OP No.2 through OP No.1 in the name of Challappa and V. Srinivasa Reddy respectively.  The Government has released payout reports for the year 2016-17 for the khariff season 2016 for Chitradurga District and Mahadevapura and in the said payout report mentions that, number of farmers enrolled are two and sum assured is Rs.75,000/- and total premium paid by the farmers is Rs.17,638/- and also there is no failure of crop and therefore, no payment has been made by the OP to complainant as Government has calculated and issued payout report as zero and hence, OP No.2 is not liable for payment of compensation to the complainant, since there is no failure of crop and prays for dismissal of the complaint.

4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 to A-9 and closed his side.  On behalf of OP No.1, one Sri. K.R. Mallikarjunaiah, the Manager and PA Holder has examined as DW-1 and on behalf of OP No.2 one Sri. Krishna Sheernalli, Chief Manager as DW-2 and no documents have been got marked and closed their side.

 

5. Heard the arguments.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

 

Point No.1:-Whether the complainant proves that, the OP No.2 is liable to pay the crop insurance under PMBFY and entitled for the reliefs as prayed for in the complaint?

 

Point No.2:- What order?

 

       

7. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.2:- As per the final order.

::REASONS::

 

8. Point No. 1:-It is not in dispute that the complainant has availed weather based crop insurance policy for Banana crop (tissue) with OP No.2 vide application No.141552 in respect of land bearing sy.No.158/*/2P1 measuring 7-acres 28-guntas situated at P. Mahadevapura village Challakere Taluk, Chitradurga District by paying premium amount of Rs.11,719 vide NEFT VTR No.PKGBH 16182867101 dated 30.06.2016, the OP No.2 has issued cover note No.U85110MH2000PLC128425.  The Banana crop of the complainant was failed.  On 22.05.2017, the OP No.2 has announced village vise crop insurance coverage statement in respect of farmers of P. Mahadevapura village and as per the statement, the OP No.2 has paid the sum insured to the farmers of P.Mahadevapura village, but the OP No.2 has not paid the premium amount to the complainant.  The repeated demands made by the complainant to the OP No.2 went in vain.   The complainant got issued legal notice on 24.01.2018 to OP No.2, but the OP No.2 did not respond and not at all turned up to pay any amount till this day, which is a deficiency of service and prayed for allow the complaint.

 

 9.   We have gone through the entire documents filed by the complainant, it clearly shows that, the complainant has paid the premium amount to the OP No.2 through OP No.1 and the OP No.2 has collected the premium amount from the complainant.  Here the OP No.2 has committed deficiency of service in settling the crop insurance amount to the complainant.  When the insurance premium amount has been received by the insurance company and the crop insured failed, the duty of the insurance company is to pay the compensation to the farmers who have insured their crop.  Once, the insurance company collected the premium amount from the farmer, it is its bounden duty to settle the insurance amount if the crop failed. Accordingly, we answer Point No.1 held as affirmative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is further ordered that the OP No.2 is hereby directed to pay a sum of Rs.2,33,677/- to the complainant along with interest at the rate of 9% p.a from 22.05.2018 till realization.

It is further ordered that, the OP No.2 is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

It is further ordered that, the OP No.2 is hereby directed to comply the above order within 30 days from the date of this order.

 

 

 

(This order is made with the consent of Lady Member after the correction of the draft on 21/12/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OPs:

DW-1:- Sri. K.R. Mallikarjunaiah, the Manager and PA Holder of OP No.1 filing affidavit evidence.

DW-2:- Sri. Krishna Sheernalli, Chief Manager by filing affidavit evidence.

Documents marked on behalf of Complainants:

01	Ex-A-1:-	Letter dated 28.12.2017 by OP No.1
02	Ex-A-2:-	NEFT particulars dated 28.12.2017
03	Ex-A-3:-	Village vise crop insurance coverage statement dated 22.05.2017
04	Ex.A-4 & 5:-	RTC extracts
05	Ex.A-6:-	SB A/c Pass Book
06	Ex.A-7:-	Legal Notice dated 24.01.2018
07	Ex.A-8 & 9:-	RLAD receipt dated 17.02.2018 with letter

 

Documents marked on behalf of OPs:

 

-Nil-

 

LADY MEMBER                               PRESIDENT

Rhr.