Karnataka

Kolar

CC/13/2019

B.N.Srinivasa - Complainant(s)

Versus

The Manager, The Universal Sompo General Insurance Co.Ltd - Opp.Party(s)

Sri.G.Ravindra Babu

29 Nov 2019

ORDER

Date of filing: 20.02.2019

Date of Disposal: 29.11.2019

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

 

Dated: 29^th DAY OF NOVEMBER 2019

PRESENT

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

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

C.C. NO. 13 OF 2019 IS COMBINED WITH C.C.NO. 15 OF 2019

C.C.NO.13 OF 2019

Sri. B.N. Srinivasa,

S/o. Nanjundappa.B,

Aged About 42 Years,

R/at: Belaganahalli Village,

& Post, Huthur Hobli,

Kolar Taluk.                                                                                ….  Complainant.

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

 

C.C.NO.15 OF 2019

Sri. Venkatappa,

S/o. Dyaveerappa,

Aged About 75 Years,

R/at: Neelakantapura Village,

Huthur Hobli,

Kolar Taluk.                                                                               ….  Complainant.

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

 

- V/s -

1) The Manager,

The Universal Sompu General Insurance

Company Limited, No.217/A,

4^th Floor, KVV Samrat,

3^rd Main Outer Ring Road,

Kasturinagara, Bangalore-43.

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

 

2) The Joint Director,

Department of Agriculture,

Old D.C. Compound, Kolar District,

Kolar.

(In-person)

 

3) The Deputy Commissioner,

D.C. Office, Tamaka, Kolar.

(Exparte)        

(In both cases OP Nos.1 to 3 are same)                                ….. Opposite Parties.

: COMMON ORDERS :

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant in the above said two cases filed complaint against the Ops.  In CC No.13/2019, the complainant prays to direct the Ops to pay a sum of Rs.50,296.30 along with travelling expenses of Rs.2,000/- and compensation of Rs.35,000/- with interest @ 20% p.a. and in C.C. No.15/2019, the complainant prays to direct the Ops to pay a sum of Rs.1,29,125.10 along with travelling expenses of Rs.2,000/- and compensation of Rs.50,000/- with interest @ 20% p.a. and prays to allow the complaint in the ends of justice and equity.

 

 

02.   The brief facts of the case in CC No.13/2019 is that, the complainant has raised Tomato crop in Sy.No.111 to an extent of 1.04 guntas situated at Belaganahalli Village, Huthur Hobli, Kolar Taluk, for the year 2016-2017 vide application No.1182090 and paid premium amount of Rs.513.02 with OP No.1 at Kolar.  The proposal has been accepted and assured to pay Rs.50,296.30.  The complainant approached the OP Nos.1 & 2 personally after loss of crop due to draught at Kolar Taluk and requested the said Ops to pay the sum assured amount, but the Ops have failed to pay the said amount in spite of approaching them on several times.  The complainant issued legal notice on 13.08.2018 to the Ops and in spite of service of legal notice the Ops did not cared to give reply nor come forward to pay the assured amount. The complainant has produced documents to support his case and approached this Forum and prays to allow the complaint.

 

02(a).       In CC No.15/2019 the complainant has raised Tomato crop in Sy.No.48/1A to an extent of 2 acres 33 guntas situated at Neelakantapura Village, Huthur Hobli, Kolar Taluk and District for the year 2016-2017 vide application No.1065721 and paid premium amount of Rs.1317.08 with the OP No.1 at Kolar.  The proposal has been accepted and assured to pay Rs.1,29,125.10.  The complainant approached the OP Nos.1 & 2 personally after loss of crop due to draught at Kolar Taluk and requested the Ops to pay the sum assured amount, but the said Ops have failed to pay the said amount in spite of approaching them on several times.  The complainant issued legal notice on 13.08.2018 to the Ops and in spite of service of legal notice the Ops did not cared to give reply nor come forward to pay the assured amount.  The complainant has produced documents to support his case and approached this Forum and prays to allow the complaint.

 

03.   In response to the notice issued by this Forum, OP No.1 appeared through their counsel and filed its version in the above cases and OP No.2 appeared in-person and filed its version.  OP No.3 did not appear before the Forum in spite of service of notice and placed exparte.

 

04.   In both cases OP No.1 has filed similar objections and denied the allegations made against OP No.1 which are specifically admitted as false.  This OP has stated about the implementation of the Pradhan Mantri Fasal Bima Yojana (PMFBY) and liabilities of the said scheme.  This OP has also contended that, the threshold yield and actual yield is to be entered by State Government in Samrakshne portal and this OP has only access to download the same and based on the entry in the said portal if a claim has been registered in that case, it would be treated as admissible or inadmissible and as per the complainant’s application No.1182090 with respect to CC No.13/2019 and as per the complainant’s application No.1065721 with respect to CC No.15/2019 the CCE Yield is higher than the threshold yield in the said Hutturu Hobli, Kolar District, hence there is no loss of the farmer and no claim is reflected in the portal and prays to dismiss the above complaints. 

 

05.   In both cases OP No.2 has also filed similar objections and contended that, this OP No.2 is not a necessary party to the proceedings.  The complainant has not approached this OP No.2 at any point of time as contended by the complainant and no notice has been issued against this OP No.2 and as per Samrakshane Portal no data found and there is no any deficiency of service on their part and prays to dismiss the complaint in the ends of justice.

 

06.   The counsel for the complainant has filed affidavit evidence by way of examination-in-chief of the complainant in both cases.

 

07.   In CC No.13/2019 the complainant has filed 04 documents along with the complaint and two documents on 19.06.2019:-

(i) Xerox copy of Legal Notice

(ii) xerox copy of crop insurance view proposal

(iii) Xerox copy of RTC Extract

(iv) Xerox copy of Aadhar Card

(v) Insurance copy issued by the OP.

(vi) Crop confirmation letter

 

08.   In CC No.15/2019 the complainant has filed 04 documents along with the complaint and 04 documents on 19.06.2019:-

(i) Xerox copy of Legal Notice

(ii) xerox copy of crop insurance view proposal

(iii) Xerox copy of RTC Extract

(iv) Xerox copy of Aadhar Card

(v) Insurance copy issued by the OP.

(vi) RTC extracts

(vii) Crop confirmation letter

(viii) Policy premium paid receipt.

 

09.   On 03.07.2019 one Sri. Ramesh P, Senior Executive Claims, of OP No.1 has filed his affidavit evidence by way of examination-in-chief in both cases.

 

10.   Heard arguments of the counsel for the complainant and OP No.1 in both cases.

 

11.   Now the Points that do arise for our consideration are that:-

1. Whether the complainant in CC Nos.13/2019 & 15/2019 proved deficiency of service on the part of the OPs?

 

2. Whether the complainant in CC Nos.13/2019 & 15/2019 are entitle for the relief as claimed?

 

3.  What order?

 

12.   Our findings to the above points are that:-

 

POINT No.1 & 2:     Are in the Negative.

 

POINT No.3:    As per final order for the

following:-

 

REASONS

POINT No.1:-

13.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, affidavit evidence of the complainant and version of OP Nos.1 & 2 and so also the documents produced by the complainant and OP No.1.  It is an undisputed fact that, in CC No.13/2019 the complainant has raised Tomato crop in Sy. No.111 to an extent of 1.04 guntas at Belaganahalli Village, Huthur Hobli, Kolar Taluk & District, and in CC No.15/2019 the complainant has raised Tomato crop in Sy. No.48/1A to an extent of 2 acres 33 guntas at Neelakantapura Village, Huthur Hobli, Kolar Taluk & District and in both cases the complainant has paid premiums with respect to crop insurance with the OP No.1 at Kolar and the OP has assured to pay the sum assured amount.

 

14.   In CC No.13/2019 and in CC No.15/2019 the complainants have made allegation against OP No.1 that, after loss of crop due to draught they contacted Ops personally and thereafter they issued legal notice and in spite of that the Ops have failed to pay the assured amount and to support their contention they have produced copy of the legal notice, xerox copy of crop insurance & view proposal, Xerox copy of the RTC extract, xerox copy of Aadhar Card, Insurance copy issued by the OP, xerox copy of the crop confirmation letter, Xerox copy Policy premium paid receipt, but the complainant has not produced acknowledgement for service of legal notice against Ops in the above two cases.   On the other hand, OP No.1 has specifically contended that, as per the application number of the above said complainant cases, the CCE yield is higher than the threshold yield in the said Hutturu Hobli, Kolar District, hence there is no loss of the farmer and hence no claim is reflected in the portal and in that regard the OP No.1 has produced Samrakshane Portal.  Wherein the threshold yield is 12012.30 and CCE yield is 13116.00 and there is an excess yield and there is no loss of crop.  Hence there is no deficiency of service on the part of OP No.1.  OP No.2 is only a formal party and no case is made out against OP No.2 in the above said two cases.  Hence under these circumstances as discussed above we answer point Nos.1 & 2 are in the Negative.

 

POINT (3):-

15.   In view of the above discussions on Point Nos.1 & 2 we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant in C.C. No.13/2019 and the complaint filed by the complainant in C.C. No.15/2019 are hereby dismissed with cost.

02.   The original of this order shall be kept in C.C. No.13/2019 and a copy thereof in C.C. No.15/2019.

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

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 29^th DAY OF NOVEMBER 2019)

 

 

   LADY MEMBER                         PRESIDENT