Karnataka

Chitradurga

CC/172/2018

G.S.Chandrareddy - Complainant(s)

Versus

The Manager,Pragathi Krishna Grameena Bank - Opp.Party(s)

Sri T.Shivakumar

02 May 2019

ORDER

COMPLAINT FILED ON :19/08/2018          DISPOSED ON:02/02/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

C.C No.172/2018   DATED:2nd MAY 2019

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

                                BSc., MBA., DHA.,

LADY MEMBER

COMPLAINANT/S	G.S. Chandrareddy, R/o Maradihalli Village, Aimangala Hobli, Hiriyur Taluk, Chitradurga.   (Rep by Smt/Sri.T.Shivakumar,  Advocate)
V/s
OPPOSITE PARTIES	1. The Branch Manager, Pragathi Krishna Gramina Bank, Maradihalli Village, Aimangala Hobli, Hiriyur Taluk.   2. The Manager, SBI General Insurance, No.3/1, Rukmini Tower, I Floor, Plot Form Road, New Swagath Hotel, Sheshadripuram, Bangalore-20.   3. The Deputy Director, Horticulture Department, V.P. Extension, Chitradurga.   (Rep by Smt/Sri. Sri.A.M. Rudramuni, Advocate for OP No.1 and Sri. B.M. Ravichandra, Advocate for OP No.2 and OP No.3 ex-parte)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainants in all the cases have been filed the above complaints U/s 12 of C.P. Act 1986 against the opposite parties to direct the OPs to pay insurance amount of Rs.18,00,000/- with interest at the rate of 18% p.a and to grant such other reliefs.

2.     Brief facts of the complaint is that, the complainant is having agricultural land measuring 12-acres 03-guntas in sy.No.185.  Out of which, the complainant is growing pomegranate crop to an extent of 3-acres 36-guntas of land by obtaining loan from Primary Co-operative Credit Bank, Maradihalli on 03.08.2017.  The complainant has insured the said crop from the OP No.1 under WBCIS by paying premium amount of Rs.12,795-70 for the year 2017-18 and the OP No.1 has given acknowledgement bearing No.PKGB8001073534202 dated 06.07.2017 and the said policy covers the risk of pomegranate crop and also the equipments.  When the said crop growing for harvest and become fruit yielding, at that time, unfortunately, there was a fire accident and the existed crop completely burnt and also the necessary equipments like pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two huts and one tamarind tree are also completely burnt, thereby the complainants has suffered lot, put into great mental shock, agony, deep sarrow.  The complainant called upon the fire brigade, Hiriyur.  The Fire Brigade immediately came to the spot and eradicate the fire, by that time, the existed fruit yielding crop completely burnt.  The Fire Brigade, Hiriyur has given letter dated 19.02.2018.  The Revenue Authority, Village Accountant and R.I visited the spot and drawn Mahazar at the spot at the presence of the complainant and also panchas.  The Horticulture Department officials visited the spot and conducted enquiry.  Thereafter, the complainant submitted requisition on 07.06.2018 to Hon’ble Chief Minister, Government of Karnataka, Minister of Horticulture, the Deputy Commissioner, the Manager, DCC Bank, The Secretary, Primary Co-operative Credit Bank, Maradihalli and also to the Horticulture Department, Hiriyur, but they have not come forward to pay any compensation to the complainant, thereby the complainant has sustained heavy loss, put into great financial crisis, loss of earnings and unable to pay the loan installments to the Bank from which the complainant has obtained the crop loan and also to his friends and relatives due to the deficiency of service on the part of OPs.   The cause of action for these complaints arose when the legal notice issued to the OPs, which is within the jurisdiction of this Forum and prayed for allow the complaint. 

 

3.     After issuance of the notice to the OPs, OP No.1 appeared through Sri. A.M. Rudramuni, Advocate and Sri. B.M. Ravichandra Advocate appeared on behalf of OP No.2 and filed their version.  In spite of service of notice, OP No.3 did not appear before this Forum, hence, placed ex-parte. 

 

According to the version filed by OP No.1, it is submitted that, it has no knowledge that, the complainant is doing agriculture work having agricultural land in sy.No.185 measuring 12-acres 03-guntas.  It is true that, the complainant has taken insurance policy relating to sy.No.185 to an extent of 5-acres 36-guntas at Maradihalli village, Hiriyur taluk relating to Pomogranate crop under WBCIS by paying insurance premium of Rs.12,795-70 to their Bank on 06.07.2017 for the year 2017-18.  The complainant has borrowed the crop loan from Primary Co-operative Credit Bank, Maradihalli and after receipt of the premium amount from the complainant, the same has been sent to OP No.2 under UTR No.PKGB H 17187884189 dated 06.07.2017.  The duty of the Bank is only receiving the insurance premium from the applicants and the same is sending along with application and premium amount to the concerned insurance company and the Bank has no authority to settle the claim if the failure of the crops and other damages.   It is false to state that, unfortunately, the said crop fired due to fire, all the existed crop completely burnt and necessary equipments like pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two huts and one tamarind tree and one neem are also completely burnt.  It is not known to this OP that, the complainant submitted requisition on 07.06.2018 to Hon’ble Chief Minister, Government of Karnataka, Minister of Horticulture, the Deputy Commissioner, the Manager, DCC Bank, The Secretary, Primary Co-operative Credit Bank, Maradihalli and also to the Horticulture Department, Hiriyur.  The OP No.1 is not liable to pay compensation to the complainant and there is no deficiency of service on its part.

 

OP No.2 filed version stating that, the complainant is  the owner of land bearing sy.No.185 measuring 12 acres 03-guntas excluding the karab, the real extent is 11-1cres 31-guntas and out of the said land, the complainant has sowed pomegranate crop in 5 acres 36 guntas and also obtained horticulture development loan from Primary Co-operative Credit Bank, Maradihalli is a matter of record and the same is put to strict proof of the same.  It is a matter of record that, the complainant has insured the crop under WBCIS by paying Rs.12,795-70 for the year 2017-18 on 06.07.2017 covering the risk of pomegranate crop and the same was destroyed due to fire accident along with pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two huts and one tamarind tree and one neem tree.  The complainant has paid a premium of Rs.12,795-70 to OP No.1 and in turn the OP No.1 has transferred the same to OP No.2 through invoice No.STL-967275/2019-9425-987 and issued policy No.175727-0000-00 covering Rs.2,55,914/- and beneficiary Bank name is Pragathi Krishna Gramina Bank and insured name is Ministry of Karnataka-Chitradurga.  As per the term sheet and weather data, claim was calculated by Karnataka Government and updated same on its portal and the OP No.2 is not liable to pay any further compensation and updated by Government in above mentioned portal.  The complaint is not maintainable under the law, since the Horticulture Department is necessary party of the case and they may be asked to confirm term sheet and claim calculation, since they have calculated the claim amount and uploaded on the portal.  Hence, there is no deficiency of service on the part of OP No.2 and prayed for dismissal of the complaint.    

 

4. Complainant has examined as PW-1 by filing affidavit evidence and relied on Ex.A-1 to A-9. OP No.1 has examined one Sri. K.T. Niranjasna Murthy, the Manager as DW-1 and on behalf of OP No.2, one Sri. Yogesh More, the Manager-Consumer Litigation has examined as DW-2 and relied on Ex.B-1 to 8 closed their side.

 

5. Heard the arguments.

 

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

 

Point No.1:-Whether the complainant proves that, the OP No.1 has send the proposal form to the OP No.2 in time and further OP No.2 is liable to pay the crop insurance under PMBFY and entitled for the reliefs as prayed in all the complaints?

 

Point No.2:- What order?

 

 

        7. Our findings on the above points are as follows.

 

 

                Point No.1:-Partly Affirmative.

                Point No.2:- As per the final order.

 

::REASONS::

8. Point No. 1:-It is not in dispute that the complainant is the absolute owner of land bearing Sy.No.185 totally measuring 12-acres 03-guntas.  Out of the said land, the complainant has grown pomegranate crop to the extent of 5-acres 36-guntas by obtaining loan from Primary Co-operative Bank, Maradihalli on 03.08.2017.  The complainant in order to improve his land has spent the amount towards purchase of pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two hut.  On 06.07.2017, the complainant has paid a sum of Rs.12,795-70 towards crop insurance for the year 2017-18 and get acknowledgement from OP No.1 under policy No.PKGB8001073534202 dated 06.07.2017 .  When the said crop growing for harvesting, unfortunately, there was fire accident in the land of complainant.  Due to the fire accident, the crop was completely burnt and also the equipments like pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two hut and one tamarind and one neem tree were completely burnt.  After that, the complainant informed the same to the concerned Police, Hiriyur, Village Accountant, R.I and they visited the spot and drawn Mahazar.  The complainant also written a letter to the Chief Minister, Government of Karnataka, Minister of Horticulture, the Deputy Commissioner, the Manager, DCC Bank, The Secretary, Primary Co-operative Credit Bank, Maradihalli and also to the Horticulture Department, Hiriyur claiming compensation, but they have not paid the compensation.  The OP No.2 has filed version and taken a contention that, they have already paid the crop insurance amount of Rs.1,34,530/- to the complainant and moreover this Forum has no jurisdiction to entertain this complaint and also the Civil Court is only the competent authority to entertain this complaint.  But the complainant has obtained the insurance from OP No.2 through OP No.1, it is the bounden duty of the OP No.2 to pay the crop insurance amount to the complainant, therefore, the OP No.2 is still due in a sum of Rs.1,21,384/- as per the policy.  The OP No.1 has admitted that, the complainant has paid Rs.12,795/- on 06.07.2017 and the same has been sent to the OP No.2 well in time.  Accordingly, the OP No.2 has to pay Rs.1,34,530/-.  The OP No.1 is not responsible to pay any compensation.  Whatever the amount collected from the complainant, the same has been sent to OP No.2 within the time prescribed by the Government.  After filing of this complaint, the OP No.3 is made as a party to this proceeding.  After service of the notice to OP No.3, it did not appear before this Forum and hence, placed ex-parte.  Here the OP No.2 is liable to pay balance amount to the complainant towards the insured amount of Rs.1,21,384/- along with interest.  The remaining loss will be paid by the OP No.3 only.  The OP No.3 is the Government Authority, Government has to pay the compensation to the Farmers, who has incurred loss due to unnatural accident. 

 

9.     There is no dispute between the parties that, the complainant has grown pomegranate crop in the above said land and insured the same by paying insurance premium for the year 2017-18.  The said crop was lost due to fire accident.  As per the documents produced by the complainant, it clearly gooes to show that, the complainant has suffered nearly Rs.10,00,000/-.  Accordingly, the OP No.2 is liable to pay a sum of Rs.1,21,384/- with interest.  The remaining loss is to be paid by the Government authority.  Here the OP No.3 is the agent under the Government, it is liable to pay the remaining amount towards loss incurred by the complainant.  Accordingly, we answer Point No.1 held as affirmative. 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

ORDER

The Complaint filed by the complainants U/s 12 of CP Act 1986 are hereby partly allowed.

It is ordered that the OP No.2 is hereby directed to pay a sum of Rs.1,21,384/- along with interest at the rate of 9% p.a from 06.07.2017 till realization.  

It is ordered that the OP No.3 is hereby directed to pay a sum of Rs.10,00,000/- to the complainant towards loss of pipe line, drip wire about 600 meters, pump, one tire cart and 500 liters of two water sintex drums 200 liters, six plastic drums and two hut and one tamarind and one neem tree.

Further it is ordered that the OP No.3 is hereby directed to write a letter to the Chief Secretary, Government of Karnataka and collect the same and pay to the complainant.

Complaint filed as against OP No.1 is hereby dismissed.

It is further ordered that, the OP No.2 and 3 are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Lady Member after the correction of the draft on 02/05/2019 and it is pronounced in the open Court after our signature)

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant

PW-1:-Complainant in all the cases by filing affidavit evidence.

Witnesses examined on behalf of OPs

DW-1:- Sri. K.T. Niranjasna Murthy, by filing affidavit evidence.

DW-2:-, Sri. Yogesh More, by filing affidavit evidence.

W-3:- Smt.Savitha.G,  by filing affidavit evidence.

Documents marked on behalf of Complainant

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Letter dated 19.02.2018 by the Fire Brigade, Hiriyur
03	Ex-A-3:-	Mahazar
04	Ex.A-4:-	Acknowledgement
05	Ex.A-5:-	Notice
06	Ex-A-6:-	Legal Notice dated 20.07.2018
07	Ex.A-7:-	Reply dated 28.07.2018
08	Ex.A-8:-	Postal receipt and postal acknowledgement
09	Ex.A-9:-	Six Photos

Documents marked on behalf of OPs

01	Ex-B-1:-	Statement of account
02	Ex-B-2:-	UTR and acknowledgement
03	Ex-B-3:-	Reply notice
04	Ex-B-4:-	Operational guidelines under PMFBY
05	Ex-B-5:-	Government Proceedings dated 03.06.2017
06	Ex-B-6:-	Letter dated 04.05.2017 by the Commissioner of Agriculture
07	Ex-B-7:-	Letter dated 07.06.2017 by the Commissioner of Agriculture
08	Ex-B-8:-	Operational guidelines under RWBCIS

 

 

LADY MEMBER                               PRESIDENT

Rhr.,