By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite parties to pay the insurance claim of damaged 600 plantains with Rs.60/- per plantain and also to pay Rs.5,000/- as compensation and Rs.5,000/- as cost of the proceedings.
2. Brief of the complaint:- The complainants are the legal heirs of deceased pulikkal veetil Kunhiraman Nair. This Kunhiraman Nair was a member of Mukrimoola Swasraya Sangham and cultivated 1000 plantains with the help of loan availed from Vazhavatta Gramin Bank. This Kunhiraman Nair insured these 1000 plantains with opposite party No.2. On 16.07.2009, due to heavy wind and rain, 600 plantains were totally damaged. It was informed to opposite parties and submitted claim form. The opposite parties made an inspection to the site and assessed that 446 plantains were totally damaged. And the opposite parties recommended Rs.18,296/- as compensation for the damaged 446 plantains. The complainants are entitled for compensation for the 600 plantains. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, notices were issued to opposite parties and opposite parties appeared before the Forum and filed version. In the version, opposite party No.1 admitted the insurance of 1000 plantains with opposite party No.2. The policy period was between 12.02.2009 for 1 year. Insurance Surveyor Mr. Saleem inspected and found that only 446 plantains were damaged. 428 plantains with bunches were destroyed and a sum of Rs.22,120/- was payable to the insured. As per the term of the policy, 20% of the amount has to be deducted and the total amount payable is Rs.18,296/- only. Rs.8,015/- was paid to the complainants.
4. In the version of opposite party No.2, opposite party No.2 contented that there is limitation since the damages occurred to the plantains on 16.7.2009 and the complaint is filed on 26th March 2012. The complainant had already received Rs.8,015/- in full settlement of claims. The liability of respondent is limited to the terms and conditions of policy. Only 428 plantains were damaged and only bunches are damaged and almost all the banana plantains attained its harvest period and the complainant sold the banana at the prevailing market rate.
5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
6. Point No.1:- The complainant filed proof affidavit and is examined as PW1 and Ext.A1 and Ext.A2 are marked. Opposite party No.1 submitted that there is no oral evidence for opposite party No.1. Opposite party No.2 filed proof affidavit and is examined as OPW1. In the cross-examination of PW1, PW1 stated that the damage occurred to the plantains when it was aged only 7 to 8 months. Opposite party No.2 did not produced the policy. Opposite parties No.1 and 2 admitted that the Insurance Surveyor inspected the damaged plantains and found that 428 plantains were totally damaged. But opposite parties No.1 and 2 did not produce the inspection report before the Forum. Opposite party No.1 and 2 admitted that 428 plantains were totally damaged. As per Ext.A1, the age of damaged plantains is 8 months. No harvest can be done in 8 months because the banana was not fully aged at that time for harvest. So the complainant's have to suffer great loss. Opposite parties No.1 and 2 admitted that the complainants insured for 1000 plantains. The Forum can verify the actual damaged only from the inspection report. But opposite parties did not produce the inspection report before the Forum. It is up to the opposite parties to prove their case. So the damages as stated in the complaint and proof affidavit can be accepted. By taking the total damages of 600 plantains, the non-issuing of compensation for the 600 plantains by the opposite parties to the complainant amounts to deficiency of service from the part of opposite parties. The Point No.1 is found accordingly.
7. As per the policy condition 20% of the damages is to be borne by the farmer. So the calculation will be as follows:-
Total damaged plantains. - 600.
Insurance amount per plantain. - Rs.60/-.
So the total damages will be. - 600 x 60 =36,000/-
Less 20% of total damages to be borne by Farmer. - 36000x20/100=7,200/-
So the actual amount entitled to the complainant. - 36000-7200=28,800/-
Amount already paid by opposite parties. - 8,015/-
So the balance amount to be payable by the
opposite parties to the complainants. - 28,800-8,015=Rs.20,785.
8. Point No.2:- Since Point No.1 is found in favour of complainants, the complainants are entitled to get cost and compensation.
In the result, the complaint is partly allowed and the opposite parties are directed to pay Rs.20,785/- (Rupees Twenty Thousand Seven Hundred and Eighty Five) only to the complainants with 12% interest from the date of filing of this complaint till realization. The opposite parties are also directed to pay Rs.2,000/- (Rupees Two Thousand) only as compensation and Rs.2,000/- (Rupees Two Thousand) only as cost of the proceedings. The opposite parties No.1 and 2 are jointly and severally liable to pay the above amount to the complainants within 30 days from the date of receipt of this Order, failing which the complainants are entitled to get 12% interest for the whole sum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 22nd day of January 2015.
Date of Filing:26.03.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:
PW1. Vijayalakshmi. 1st Complainant.
Witness for the Opposite Parties:
OPW1. Akbar Ali. Senior Branch Manager, National
Insurance Co Ltd,Kalpetta Branch.
Exhibits for the complainants:
A1. Copy of Claim and Verification Report. dt:27.07.2009.
A2. Copy of Family Membership Certificate.
Exhibits for the opposite Parties.
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
