By Sri. K. Gheevarghese, President:
The complaint filed under section 12 of the Consumer Protection Act 1986.
The complaint in brief is as follows:- The Complainant cultivated 760 plantains in the year 2007 which was insured by the 2nd Opposite Party. The 1st Opposite Party, the Vegetable and Fruits Promotion Council ( for the convenience terming it as VFPCK in the following ) is the processor and promoter of the scheme. While the entire banana cultivation was in the stage of bunching met destruction in heavy rain and wind. Immediately after destruction of the crops the Complainant reported it to both the offices of the Opposite Parties. The claim form were filled and given to the 2nd Opposite Party through the 1st Opposite Party. The number of banana plants which lost in flood and wind was 750 in number. The cultivation of banana was under the financing of the South Malabar Gramin Bank, Kaniyambetta Branch. The untoward drastic climate resulted the destruction of the entire crops. The Officials of VFPCK and South Malabar Gramin Bank visited the farm land of the Complainant and made an estimate of the losses.
2. The Opposite Parties did not award any amount to compensate the loss of the Complainant, it is absolutely a deficiency in service. There may be an order directing the Opposite Parties to :- (b). Pay a sum of Rs.57,000/- as damages to the loss of plantains with an interest at the rate of 11% from 4.7.2007. (b) Pay Rs.10,000/- as compensation for mental agony and pain along with cost of Rs.2,500/-.
3. The 1st Opposite Party is declared exparte.
4. The 2nd Opposite Party filed version. The sum up of the version filed by the 2nd Opposite Party is as follows. The insurance of the plantain cultivation of the Complainant are admitted by the 2nd Opposite Party. The claim form which is a pre-requisite for the awarding of compensation is not submitted to 2nd Opposite Party so far. The date of planting and date of damage are not specifically mentioned in the complaint. The allegation of the Complainant on the loss of plantains as 760 in number is denied by the 2nd Opposite Party. The Complainant is not entitled for any compensation as asked for with an interest and the cost of Rs.2,500/- are denied by the 2nd Opposite Party. 5. The points in consideration are:- Whether any deficiency in service on the part of the Opposite Parties? Relief and cost.
6. Point No.1:- The evidence in this case consists of the proof affidavit of the Complainant, the oral testimony of Complainant and witnesses. Exts.A1 series, X1 to X3 series are the documents considered in this case. The contentions of the Complainant are that the banana which are 760 in numbers are insured and the premium necessary was also remitted by the Complainant. The cultivated banana plantains are bunched and hit by the natural calamity in subsequent events and the entire plantains fell down. The Processor and Promoter of the Insurance Scheme is the 1s t Opposite Party who is declared exparte in this case. Exts.X1 to X3 are the documents summoned from the 2nd Opposite party. On perusal of the documents, it is seen that the Complainant here in is an insured among the 9 farmers under the scheme of Banana Crop Insurance. The claim disbursement voucher in Ext X1 series details the disbursement of the claim among the other farmers. The loss of 5 other farmers were assessed by the surveyor and report was filed. Ext.X1 series also consists of the claim form submitted by the other farmers to whom the compensation under the scheme was given. The Treasurer of VFPCK who is also a member in the self supporting group of banana cultivation is also examined in this case. According to him the loss of the plantains of the members included in the self supporting group were informed to the VFPCK in time. The representative of the 2nd Opposite Party also conducted inspection. The claim form was forwarded by the farmers and the Complainant also included in submitting the claim form in time to get compensation. The bunched bananas were destroyed and the bunches were not in a usable condition. Ext.A1 series are the photographs taken by digital camera which gives the picture of banana in fallen stage in flooded field. The photographer is also examined in this case. The Complainant had forwarded the claim form estimating the loss within 3 days to the processor of the Insurance Scheme. We find that the Complainant had given the claim form to the processor and promoter of the claim who is responsible for further processing of the claim benefit. The 2nd Opposite Party is in the opinion that they have not received any claim form and the documents also shows that the 2nd Opposite Party has not repudiated the claim. The claim was not considered in the absence of any pre-requisite necessary for the same. We are in the opinion that the 1st Opposite Party has not given due weightage to the loss sustained by the Complainant and the claim was not timely intimated to the 2nd Opposite Party. The 1st Opposite Party found deficient in their service.
7. Point No.2:- The Complainant's banana crop alleged to be lost in two subsequent events in the strong wind and flood, according to the Complainant, 250 bananas were destroyed and the remaining numbers were lost later it is found that the bananas were about to crop. The photographs produced by the Complainant shows that the banana did not end in total destruction. The amount considered for compensation for the destruction of banana from the documents produced specifies that the bananas were bunched and if met with destruction it is to be paid Rs.50/- deducting the salvage value of Rs.10/- if the plantains are 8 months age. We are in the opinion that out of the 750 plants of the Complainant, the compensation required to be paid for the loss is limited for 250 plants. The photographer who is examined as PW2 also admitted that the entire banana cultivation had not destroyed fully. In such a circumstances, the Complainant is to be compensated with the amount equal to the total destruction of 250 plants with Rs.50 for each plant.
In the result, The complaint is partly allowed. The 1st Opposite Party is directed to give the Complainant Rs.12,500/- (Rupees Twelve thousand and Five hundred only) towards the insured sum with an interest at the rate of 9% from the date of filing this complaint till realization of the same by the complainant. The Complainant is also entitled for the cost of Rs.1,000/- (Rupees One Thousand only). This is to be complied by the 1st Opposite Party within one month from the date of receiving this order.
Pronounced in open Forum on this the day of 26th March 2010.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
A P P E N D I X
Witnesses for the Complainant: PW1. M.J. Ulahannan. Complainant. PW2. Manoj P. John. Photographer. PW3. Peeter P.D. Agriculture.
Witnesses for the Opposite Party: Nil. Exhibit for the Complainant: A1 series (2 numbers) Photographs. Exhibits for the Opposite Party: X1 series (18 sheets) Certified True Copy of the documents produced by Advocate K.K. Thomas on behalf of the 2nd Opposite Party. X2 series Copy of Policy and Master Agreement. X3 series. Letter, Copy of Policy, Copy of Proposal.
| | HONORABLE SAJI MATHEW, Member | HONABLE JUSTICE K GHEEVARGHESE, PRESIDENT | HONORABLE P Raveendran, Member | | 
