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 Rs.36,000/- towards crop insurance to 1st complainant, Rs.17,500/- to 2nd complainant, Rs,14,760/- to 3rd complainant and Rs.4,080/- to 4th complainant and to pay Rs.20,000/- towards compensation.
2. Brief of the complaint:- The 1st complainant insured his 600 plantains by paying Rs.1,500/- as premium. 2nd complainant insured 1,000 plantains on 16.03.2012 by paying Rs.2,500/- as premium and 3rd complainant insured 400 plantains on 22.03.2012 by paying Rs.1,000/- as premium. 4th complainant insured 300 plantains on 01.10.2011 by paying Rs.750/- as premium with opposite party No.2. The 600 plantains of 1st complainant was completely destroyed by heavy wind and rain on 19.06.2012. The 285 plantains of 2nd complainant was fully destroyed by 'Thandu thurappan' on 05.06.2012. The 246 plantains of 3rd complainant was fully destroyed by heavy wind and rain on 18.06.2012. The 68 plantains of 4th complainant was fully destroyed by heavy wind and rain on 09.07.2012. At the time of insurance, the opposite parties promised Rs.60/- per plantains in case of damage. The complainants are entitled for the prayer amount. The Assistant Manager of 1st opposite party reported the damage after inspection. The 2nd opposite party sanctioned only Rs.10,745/- to 1st complainant, Rs.2,045/- to 2nd complainant, Rs.7,045/- to 3rd complainant and Rs.1,245/- to 4th complainant. The act of opposite parties are nothing but deficiency of service.
3. On receipt of complaint, notices were served to opposite parties and opposite parties appeared before the Forum and filed version. In the version of opposite party No.1, opposite party No.1 contented that the opposite party No.1 is an unnecessary party. The complainants insured their plantains with M/s. National Insurance Company Limited. The policy period was 1 year ending date from cultivation for a period of one year. It is true that this opposite party was informed about the natural calamity by the insured and that the destroyed plantains was inspected by this opposite party with insurance Surveyor. On inspection of the crops belonged to the 1st complainant, it was noticed that 286 plantains having 9 months growth has been totally damaged. Actual compensation recommended by this opposite party is Rs.13,728/- only. On inspection of the crops of 2nd complainant, 285 plantains having 7 months growth has been totally damaged. Actual assessed compensation recommended is Rs.6,756/- only, with respect to 3rd complainant 246 plantains with 8 months growth has been totally damaged. Actual assessed compensation is Rs.11,808/- only. With respect to 4th complainant only 68 plantains were totally damaged and compensation recommended is Rs.3,264/- only. The contention of complainants are fully false. In the version of 2nd opposite party, the 2nd opposite party admitted the insurance of plantains by the complainant with 2nd opposite party. Submission of claim papers are also admitted. But the 2nd opposite party denied the averments in the complaint regarding damages as stated. The allegation made in 5th para of complaint that the opposite party has promised to pay Rs.60/- per plantain in case of crop failure is not fully correct. This 2nd opposite party admitted the assessment recommended by 1st opposite party and after deducting salvage, the compensation offered by 2nd opposite party is as follows:-
1st complainant - Rs.10,475/-.
2nd complainant - Rs.9,045/-.
3rd complainant - Rs.2,045/-.
4th complainant - Rs.2,245/-. The complainants refused to accept the said amounts and have filed this complaint.
4. 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.
5. Point No.1:- The complainants filed proof affidavit and filed documents. The complainants are examined as PW1 to PW4 and documents marked as Ext.C1 and C2 series. The opposite party No.2 is examined as OPW1 and Ext.B1 series to B3 series are marked on the side of opposite parties. In the cross examination of opposite party No.2, opposite party No.2 stated that no representative of opposite party No.2 insurance company had gone for inspection of plantain damages. In case of damage above 300 plantains, an independent Surveyor will go the site and report. The case of the 1st complainant is that the opposite party No.2 company persuaded the complainant to limit the claim to 300 plantains in order to avoid inspection by independent Surveyor. In the cross-examination of opposite party No.2, opposite party No.2 admitted that for bunched plantains Rs.60/- per plantain will be valued and for unbunched one Rs.50/- per plantain will be valued. Opposite party No.2 admitted that opposite party No.1 had valued the plantains and reported to opposite party No.2 after deducting 20% value. Opposite party No.2 again admitted that as per opposite party No.1's report and value, salvage value is again deducted. The opposite party No.2 is granting compensation only for fully damaged plantains. The OPW1 admitted in cross-examination that there are plantains which were partially damaged. Moreover, OPW1 admitted that no representative of opposite party No.2 company inspected the damaged plantains. On perusal, it is revealed that the Surveyor deducted 20% value and opposite party No.2 again deducted salvage value. The complainants stated that the opposite party No.2 had instructed them to write the total damages below 300 plantains in order to avoid independent Surveyor's inspection. According to them that is the reason why they have claimed below 300 plantains. Being the claim sanctioning agency, it is the duty of opposite party No.2 to make a separate inspection to assess the total damages. That is not done in this case by opposite party No.2. The Forum is of the view that there is chance of more damages than what is assessed and claimed. Hence Forum found that opposite party No.2 failed to assess the actual damages. The act of the opposite party No.2 in non-assessing the actual damages by sending an independent Surveyor to assess the damages amounted to deficiency of service from the part of opposite party No.2. The Point No.1 is found accordingly.
6. Point No.2:- Since the 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 party No.2 is directed to pay Rs.36,000/- (Rupees Thirty Six Thousand) only to the 1st complainant, Rs.17,100/- (Rupees Seventeen Thousand and One Hundred) only to the 2nd complainant, Rs.14,760/- (Rupees Fourteen Thousand Seven Hundred and Sixty) only to the 3rd complainant and Rs.4,080/- (Rupees Four Thousand and Eighty ) only to the 4th complainant. The opposite party No.2 is also directed to pay Rs.2,000/- (Rupees Two Thousand) only each to all complainants as compensation and Rs.1,000/- (Rupees One Thousand) only each to all complainants as cost of the proceedings. The opposite party No.2 shall comply the Order 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 21st day of January 2015.
Date of Filing:29.10.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
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PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainants:
PW1. M. M. John. Complainant No.1.
PW2. James. M. J. Complainant No.2.
PW3. James. P. V. Complainant No.3.
PW4. Johnson. M. P. Complainant No.4.
Witness for the Opposite Parties:
OPW1. Akbar Ali. Senior Branch Manager, National Insurance
Company Ltd, Kalpetta Branch.
Exhibits for the complainants:
C1 Series (a). Master Agreement executed between National Insurance Company and
VFPCK.
C1 Series (b). Policy Schedule.(2 Nos).
C2 Series (a). Claim and Verification Report. dt:20.06.2012.
C2 Series (b). Claim and Verification Report. dt:15.06.2012.
C2 Series (c). Claim and Verification Report. dt:21.06.2012.
C2 Series (d). Claim and Verification Report. dt:10.07.2012.
Exhibits for the opposite Parties.
B1 (Series a to c). Photographs.
B2(Series a to c). Photographs.
B3(Series a to c). Photographs.
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PRESIDENT, CDRF, WAYANAD.
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