Karnataka

Chitradurga

CC/152/2018

Mallkarjuna Reddy S/o Narayana Reddy - Complainant(s)

Versus

The Manager,SBI - Opp.Party(s)

K.S.Shwetha

29 Mar 2019

ORDER

COMPLAINT FILED ON:10.08.2018

DISPOSED  ON:29.03.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:152/2018

 

DATED:  29^th MARCH 2019

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

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc., MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Mallikarjuna Reddy, S/o Narayana Reddy, Age: 59 Years, Agriculturist, Prutvi Building, III Cross, JCR Extention, Chitradurga.     (Rep by Smt.K.S. Shwetha, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Manager, State Bank of India, DCRM Complex, RMC Yard, Chitradurga.   2. The Manager, TATA AIG Insurance Co. Ltd., III Stage, JP and Devi Jambukeshwara Archade, Millars Road, Bangalore.   (Rep by Sri. C.J.Lakshminarasimha, Advocate for OP No.1 and Sri. B.M. Ravichandra, Advocate for OP No.2)

ORDER

SRI.T.N.SREENIVASAIAH :    PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay  Rs.1,16,909/- towards crop insurance, Rs. 50,000/- towards mental agony and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, he has filed this complainant seeking to grant an amount of Rs.1,16,909/- towards the crop insurance amount.  The complainant is the absolute owner of land bearing sy.No.398 situated at Turuvanur village measuring 19-acres, 27-guntas.  The complainant is also having SB A/c with OP No.1.  On 30.06.2016, the complainant has paid an amount of Rs.3,885/- towards the crop insurance premium amount to OP No.1 under PMFBY Scheme for the year 2016-17 through SB A/c No.33901907227 to OP No.2 through OP No.1.  Accordingly, an amount of Rs.1,16,909/- has been sanctioned to the complainant by the OP No.2.  But the said amount has not been remitted to the account of the complainant due to non furnishing of correct SB A/c, IFSC code of the banker, Adhar Number, Mobile number etc., of the complainant.  The NEFT made by the banker of the OP No.2 has been rejected on the above said reason only.  Now the complainant prays for issue directions to the OP No.2 to remit the amount of Rs.1,16,909/- to him through NEFT or by way of DD and such other reliefs.

3.      On service of notice to OPs, one Sri. C.J. Lakshminarasimha, Advocate appeared on behalf of OP No.1 and Sri. B.M. Ravichandra, Advocate appeared on behalf of OP No.2 and filed their respective versions. 

According to the version filed by the OP No.1, it is admitted that, the OP No.1 has received an amount of Rs.3,885/- from the complainant on 30.06.2016 towards the crop insurance premium amount under PMFBY scheme for the year 2016-17 with respect to sy.No.398 of Turuvanur village, the same has been sent to OP No.2 within time.  The OP No.1 has not committed any deficiency of service in sending the premium amount to OP No.2. Because of non furnishing of the essential requirements to receive the insurance amount by the complainant, which was sanctioned by the OP No.2, the same has been rejected by the NEFT.  Further the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed in limine.

According to the version filed by OP No.2, it is submitted that, the premium debit cutoff date was on 10.08.2016 and OP No.1 suppose to send all the proposals within 15.08.2016.  But as per the directions of the Department extended proposal acknowledgement till 08.12.2016, after cutoff date, if any bankers or complainant has sent the crop insurance premium amount to OP No.2, that applications are still pending, therefore, there is no deficiency of service on the part of this OP and hence, prayed for dismissal of this complaint.               

4.      Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-6 were got marked and closed his side.  On behalf of OP No.1, one Smt. M.N. Sukanya, the Assistant Manager has examined aw DW-1 by filing affidavit evidence and on behalf of OP No.2 one Sri. Krishna Sheernalli, the authorized person has examined as DW-2 by filing affidavit evidence and Ex.B-1 to B-3 documents have been marked and closed their side.   

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OP No.1 has sent the insurance premium amount collected from the complainant within the prescribed time to OP No.2 and OP No.2 failed to pay an amount of Rs.1,16,909/- towards the insurance amount and entitled  for the reliefs as prayed for in the above complaint?

              (2) What order?

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

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute between both the parties that, complainant is having an agricultural land bearing sy.No.398 measuring 19-acres, 17-guntas situated at Turuvanur village, Chitradurga Taluk and further there is no dispute that, the complainant is having SB A/c with the OP No.1 and the OP No.1 has received an amount of Rs.3,885/- on 30.06.2016 from the complainant towards PMFBY scheme and the same has been sent to OP No.2 within the prescribed time to the OP No.2.  OP No.2 also sanctioned an amount of Rs.1,16909/- to the complainant, but due to failure of furnishing the proper identification by the complainant, that amount has been rejected through NEFT.  In this case, the OP No.2 has already sanctioned the insurance amount to the complainant.  Now it is just and proper to issue directions to the OP No.2 for sanctioning the above stated amount to the SB A/c of the complainant. 

  9.    We have gone through the entire documents filed by the complainant and OP No.1, which clearly goes to show that, the complainant is having SB A/c with the OP No.1 and the OP No.1 has remitted the crop insurance premium amount to the OP No.2 within the prescribed time.  Further the Ex.A-6 clearly shows that, the complainant is having land bearing sy.No.398 measuring 19-acres, 17-guntas situated at Turuvanur village.  Ex.B-1 to B-3 produced by the OP No.1 shows that, an amount of Rs.1,16,909/- was already sanctioned by the OP No.2, but for non production of proper documents, the same has not been remitted to the SB A/c of the complainant.  Such being the case, it is just and proper to issue directions to OP No.2 to sanction the crop insurance amount to the complainant.   Accordingly, this Point No.1 is held as partly affirmative to the complainant.

            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 complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that the OP No.2 is hereby directed to transfer the amount of Rs.1,16,909/- to the SB A/c of the complainant after collecting necessary documents i.e., copy of the SB A/c Pass Book, Adhaar Card, IFSC Code within 30 days from the date of this order.

It is further ordered that, the OP No.2 is hereby directed to pay Rs.5,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings.

Complaint as against OP No.1 is hereby dismissed.

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

(This order is made with the consent of President after the correction of the draft on 29/03/2019 and it is pronounced in the open Court after our signatures)

 

                                     

          MEMBER                                                   PRESIDENT

-: ANNEXURES :-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

DW-1:  Smt. M.N. Sukanya by way of affidavit evidence.

DW-2:  Sri. Krishna Sheernalli by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Bank Pass Book
02	Ex-A-2:-	Bank statement dated 31.05.2017
03	Ex.A-3:-	Proposal form
04	Ex.A-4:-	Details of insurance amount sanctioned
05	Ex-A-5:-	Complaint given by complainant
06	Ex-A-6:-	RTC

 

Documents marked on behalf of OPs:

01	Ex-B-1:-	Letter dated 17.02.2018 to complainant
02	Ex-B-2:-	Letter dated 19.03.2018 given by OP No.1
03	Ex.B-3:-	Letter dated 14.05.2018 given by OP No.1

 

 

MEMBER                                                   PRESIDENT

Rhr**