Karnataka

Kolar

CC/21/2019

Sri.N.Gopalakrishna - Complainant(s)

Versus

The Manager, Sompo General Insurance Company - Opp.Party(s)

Sri.G.Ravindra Babu

16 Sep 2019

ORDER

Date of Filing: 13.03.2019

Date of Disposal: 16.09.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^TH DAY OF SEPTEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 21 OF 2019

Sri. No. Gopalakrishna,

S/o. Late Nanjundappa,

Aged About 50 Years,

R/at: 7^th Cross, Karanjikatte,

Kolar.                                                                ….  COMPLAINANT.

(Rep. by Sri. G. Ravindra Babu, Advocate)

 

- V/s –

1) The Manager,

The Universal Sompu General

Insurance Company Limited,

K.V. Samrat Building,

Kasthurinagara, Bangalore.

(Rep. by Sri. B. Kumar, Advocate)

 

2) The Joint Director,

Department of Agriculture,

Old D.C. Compound,

Kolar District, Kolar.

(In-person)                                                                        …. OPPOSITE PARTIES.

:: ORDER ::

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the OPs and prays to direct the OPs to pay Rs.41,053.28 paisa, travelling expenses of Rs.2,000/- and compensation of Rs.50,000/- with interest at 20% per annum and to allow the complaint.

02.   The brief facts of the complainant case is that, he has insured crop raised in Sy. No. 47/P15 measuring 03 acres situated at Thippasandra Village, Holur Hobli, Kolar Taluk, for the year 2016-2017 vide application No.976942 and paid premium to OP No.1.  The proposal of the complainant has been accepted by the OP No.1 and assured to pay Rs.41,053.28 paisa.  The complainant approached the OPs personally after the loss of the Ragi crop due to draught in Kolar Taluk and requested to pay the assured amount, but the OP has failed to pay the same in spite of approaching several times and caused deficiency of service.  The complainant has issued legal notice dated: 24.09.2018, the OP in spite of service of legal notice has not replied.  The complainant has filed this complaint against the OPs.

03.   The complainant has produced list with four documents:-

(i) Copy of Legal Notice dated: 24.09.2018 – Document No.1

(ii) Copy of RTC Extract – Document No.2

(iii) Copy of Crop Insurance details- Document No.3

(iv) Copy of Aadhar Card – Document No.4

 

04.   OP No.1 appeared through counsel.  OP No.2 appeared in-person and not filed his version.

 

05.   OP No.1 has filed its version and narrated the scheme of the Pradhana Manthri Fasal Bhima Yojana and specifically contended that, as per the complainant’s application/proposal No.976942, this OP has already paid a sum of Rs.32,843/- vide UTR No. 9549033967 to the concerned Bank on 28.08.2017 and the complaint is not maintainable and there is no deficiency of service on the part of the OP No.1 and prays to dismiss the complaint.

06.   The complainant has filed sworn affidavit by way of examination-in-chief and on 19.06.2019 the complainant has filed Memo with copy of Samrakshane Portal and so also filed another Memo dated: 06.08.2019 with one document issued by Bank Of Baroda, Kolar Branch.  The Senior Executive Claims, has filed sworn affidavit by way of examination-in-chief on behalf of OP No.1 and filed one document.

 

07.   Heard arguments for counsel of complainant and OP No.1.

 

08.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has proved deficiency in service on the part of the OPs?

 

2.  Whether the complainant is entitled for the reliefs as prayed by him?

 

3. What order?

 

09.   Our findings on the above stated points are:-

POINTS 1 & 2:-       Are in the Affirmative as

                                as against OP No.1.

       

POINT 3:-                As per the final order

for the following:-

REASONS

POINTS 1 & 2:-

10.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version, affidavit evidence of the complainant and OP No.1 and the documents produced by them. 

 

11.   It is a fact that, the complainant has insured Ragi Crop raised in Sy. No. 47/P15 to an extent of 03 acres, situated at Thippasandra Village, Holur Hobli, Kolar Taluk, for the year 2016-2017 vide application No.976942 and paid premium to OP No.1.  The complainant has produced Xerox copy of the RTC extract as per Document No.2, Xerox copy of claim approval statement as per Document No.3, Xerox copy of Aadhar Card as per Document No.4 and so also filed Memo dated: 19.06.2019 and produced copy of Samrakshane Portal.  The OP No.1 has admitted about the consumer complaint Application number of the complainant.  On perusal of the said copy of Samrakshane portal, it revealed about, sum assured amount of Rs.41,053.28 paisa, but on the other hand, the OP No.1 has specifically contended that, he has paid a sum of Rs.32,843/- vide UTR No.9549033967 to the concerned bank on 28.08.2017.  The counsel for OP No.1 has also addressed arguments that, the OP No.1 has deposited lump-sum amount to the Bank of Baroda and to that effect he has produced copy of the document through Memo dated: 24.07.2019, but it does not reveal, on which branch of bank of Baroda he has remitted the lump-sum amount and so also it does not reveal application number of the complainant, but bulk amount was deposited. 

 

12.   On the other hand, the complainant has also filed Memo dated: 06.08.2019 and produced one document issued by Bank of Baroda, Kolar Branch, wherein it revealed that, the complainant by name Sri. N. Gopalakrishna, S/o. late Nanjundappa is the account holder of their Bank vide Bank Account No.40350100000180 and they did not get the amount of Rs.32,843/- on 28.08.2017 in his account from Universal Sompo General Insurance Company.  The complainant has also filed Memo dated: 31.08.2019 with Xerox copy of the statement of account of the complainant of Bank of Baroda, Kolar Branch and on perusal of the same it does not revealed about credit of Rs.32,843/- as on 28.08.2017.  The said fact clearly goes to show that, the sum assured amount of Rs.41,053.28 paisa is not credited to the account of the complainant and thereby there is a deficiency of service on the part of the OP No.1.  The contention of OP No.1 that, there is no deficiency of service on their part is not sustainable till the assured amount is credited to the complainant’s account and it is not fair on the part of OP No.1 to say that, OP No.1 has credited the assured amount to the account of the complainant.  It is the duty of the OP No.1 to see that, the assured amount is to be credited to the account of the complainant and it is their liability to credit the assured amount to the complainant’s account as per Samrakshana Portal.   The OP No.2 is the only a formal party to the proceedings and is not liable to pay any amount to the complainant.

 

13.   Hence under these circumstances as discussed above, the OP No.1 is liable to pay sum assured amount of Rs.41,053.28 paisa as per Samrakshane Portal along with litigation expenses of Rs.2,000/- and compensation of Rs.5,000/- to the complainant.  Hence as discussed above, we answer the above points 1 & 2 are in the affirmative as against OP No.1 only. 

 

POINT 3:-

14.   In view of our findings on Point Nos.1 & 2 and the discussions made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is allowed as against OP No.1 and dismissed as against OP No.2.

02.   The OP No.1 is directed to pay the assured amount of Rs.41,053.28 paisa with litigation expenses of Rs.2,000/- and compensation of Rs.5,000/- to the complainant within 30 days from the date of communication of this order, failing which the OP No.1 has to pay interest at 6% per annum on the sum assured amount from the date of filing of the complaint till realization.

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 16^th DAY OF SEPTEMBER 2019)

 

 

 

   LADY MEMBER                            PRESIDENT