Complaints filed on: 03-02-2020
Disposed on: 22-01-2021
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.10/2020
DATED THIS THE 22nd DAY OF JANUARY, 2021
PRESENT
SRI.C.V.MARGOOR, B.Com, L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B, LADY MEMBER
Complainant: -
Thimmaiah
S/o Kare Hanumaiah
55 years,
R/at Neralagudda,
Bukkapattana hobli,
Sira taluk,
Tumakuru district
(By Sri.B.Muralidhar, Advocate)
V/s
Opposite party:-
The Manager,
Canara Bank,
Bukkapattana branch,
Sira taluk, Tumakuru district
(By Sri.Jagadeeshappa, Advocate)
ORDER
SRI.C.V.MARGOOR, PRESIDENT
This complaint is filed under Section 12 of the Consumer Protection Act, 1986 to direct the OP-Manager, Canara Bank, Bukkapatna branch, Sira taluk, Tumakuru district to pay Rs.70,000=00 as compensation.
2. It is the case of complainant that he has insured Onion crop raised in the land Sy.No.81/2 measuring 5.00 acres situated within the limits of Neralagudda village under the Pradhan Mantri Fasal Bima Yojana (herein after called as PMFBY). The complainant has paid insurance premium amount of Rs.7,000=00 on 31-7-2019 through the OP bank. The OP bank has not sent the premium amount to the concerned insurance company within the stipulated period as such the complainant could not get loss of crop compensation from the Agriculture department to the extent of Rs.35,000=00 per hector. The complainant was entitled to Rs.70,000=00 as compensation for two hectors of land since the Government has declared 2018-19 as drought year. The complainant has suffered loss due to deficiency in service and negligence on the part of OP. Hence, this complaint.
3. The OP after the service of notice appeared through its learned counsel and filed written version admitting that the complainant is the owner of land bearing Sy.No.81/2 of Neralagudda. It is the case of OP that this OP has sent Rs.7,000=00 to the insurance company on 31-7-2019 as insurance premium for Onion crop. The OP denied that it has not sent the premium amount to the insurance company. It is further case of OP that the RTC attached to the insurance application showed that the complainant has not grown the Onion crop in the land Sy.No.81/2. The OP while processing the application through Samrakshane Portal came to know that the proposal was not accepted with a reason that Onion crop is not eligible to the Grama Panchayathi and no onion crop information shown in the RTC/Pahani. The OP has intimated the complainant that the application was not accepted by the Samrakshane Portal and thereafter the OP has reimbursed the premium amount of Rs.7,000=00 by crediting to the complainant’s SB account on 24-10-2019. In view of the above reasons, the complainant is not entitled for compensation of Rs.70,000=00 from this OP.
4. The complainant filed his affidavit in lieu of evidence and produced Exs.P1 to P3. On behalf of OP bank its Manager one Nimal Das filed affidavit and got marked Exs-R1 to R4 documents.
5. We have heard the oral arguments advanced by the learned counsel for the OP in addition to written brief submitted by them and the points that would arise for determination are as under:
1) Whether the complainant proves the deficiency in service on the part of OP by not sending his insurance premium amount to the insurance company?
2) Is complainant entitled to the reliefs sought for?
6. Our findings on the aforesaid points are as follows:
Point No.1: In the negative
Point No.2: In the negative for the below
REASONS
7. Point No.1 to 2: The learned counsel for the OP Sri.Jagadeeshappa submitted that the complainant had not grown Onion crop in his land Sy.No.81/2 of Neralagudda village during the year 2019-20 as such his proposal of crop insurance was rejected and consequently the premium amount returned bank by crediting to the complainant’s SB account. The OP bank has not disputed the payment of insurance premium of Rs.7,000=00 by the complainant on 31-7-2019 for Onion crop under the PMFBY.
8. The complainant produced Ex-P1 guidelines of the Pradhan Mantri Fasal Bima Yojana Kharif Season-2019. Ex-P2 is the copy of pass book of the complainant as he has maintained SB account in the OP bank. The complainant has produced Ex.P2 pass book which contained the entries till the end of July-2019. Last entry in Ex-P2 shows that on 31-7-2019 a sum of Rs.7,000=00 was debited towards PMFBY-2019-20. Ex-P3 is the RTC of land Sy.No.81/2 measuring 11 acres 20 guntas which stands in the name of Rajanna S/o Thipperamaiah to the extent of 5 acres 30 guntas and the complainant K.Thimmaiah S/o Kare Hanumaiah to the extent of 5 acres 20 guntas. Ex-P3 pertains to the year-2019-20 Kharif season. Column no.12 pertains to cultivation and other particulars. Column no.12 of Ex-P3 indicates as fallow land to the extent of 4 acres and 1 acre 30 guntas of Tomato crop. There is no entry in Ex-P3 that the complainant had grown Onion crop in his land Sy.No.81/2 during the Kharif season-2019-20. The OP bank has produced Ex.R3 RTC of land Sy.No.81/2 of Neralagudda village for the year 2018-19. This RTC shows that 4 acres shown as fallow land, Tomato in 1 acre 30 guntas, again fallow land 2 acres, Areca nut in 1 acre and cotton in 2 acres 20 guntas. RTC produced by the OP bank pertains to the year 2018-19 wherein also growing the Onion crop is not appearing. The complainant has insured Onion crop for the year 2019-20 and for that he has paid the insurance premium on 31-7-2019.
9. The OP bank produced Ex-R1 application filed by the complainant under the Karnataka Raitha Suraksha Pradhan Mantri Fasal Bima Yojana (KRS-PMFBY) for the year 2019-2020 wherein he declared that he has raised Onion crop in 5 acres land. It is mentioned in Ex-R1 that the complainant has enclosed RTC copy, Aadhar card copy and bank pass book. Ex-R2 is the account extract of complainant and it indicates that on 24-10-2019 the OP has credited Rs.7,000=00. The entry is made in front of the date 24-10-2019 as PMFBY WR ACC DR REV Rs.7,000=00. Ex.R2 account extract of the complainant indicates that the bank has returned back the premium amount of Rs.7,000=00 on 24-10-2019 by crediting to his account. The application of complainant came to be rejected as Samrakshane portal has not accepted the proposal application since there is no entry in the RTC that the complainant has raised Onion crop during the Kharif season 2019. In view of the entry in Ex-R2 account extract and RTC produced by the complainant there is no deficiency in service or negligence on the part of OP bank. The complainant has made false declaration in the application as he has raised Onion crop in 5.00 acres land but his declaration is not supported by entry in RTC produced by him as such his application came to be rejected. In view of the above circumstances, the complaint is liable to be dismissed. Accordingly, we proceed to pass the following;
ORDER
The complaint filed by Thimmaiah S/o Kare Hanumaiah is dismissed.
In the facts and circumstances of the case both the parties shall bear their own cost.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 22nd day of January, 2021).
LADY MEMBER MEMBER PRESIDENT
