Karnataka

Chitradurga

CC/134/2017

S.Rudrappa S/o Sidappa - Complainant(s)

Versus

The Manager,SBI - Opp.Party(s)

K.V.Chandrashekara

28 Aug 2018

ORDER

COMPLAINT FILED ON :11/12/2017

               DISPOSED ON:25/08/2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

CC. NO. 134/2017 DATED:28th AUGUST 2018

 

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

                        SMT. JYOTHI RADHESH JEMBAGI

                        BSc.,MBA., DHA.,

LADY MEMBER

COMPLAINANTS	S.Rudrappa S/o Sidappa, Aged about 60 Years, Agriculturist, R/o Kodihalli Village, Kogunde Post, Bharamasagara Hobli,Chitradurga.   (Rep by Smt/Sri.H.S. Ramanujam, Advocate)
OPPOSITE PARTIES	1. The Manager, SBI, DCRM Complex, RMC Yard, Chitradurga Town.   2. The Manager, Tata AIG General Insurance Co.ltd., No.69, 2nd Floor, JP & Devi Jambukeshwar Arcade, Millars road, Bengaluru.   (Rep by Smt/Sri.C.J. Lakshminarasimha, Advocate for OP No.1 and Sri. B.M. Ravichandra, Advocate for OP No.2)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

 

The complainant has been filed this complaint U/s 12 of C.P. Act 1986 against the opposite parties to direct the OPs to pay Rs.3,83,510/-, the insured amount along with current interest and to grant such other reliefs.

2.     Brief facts of the complaint is that, he is the owner of lands bearing sy.No.18/3 measuring 6-acres 03 guntas, sy.No.29/1 measuring 2-actes 27-guntas and sy.No.4/1P1 measuring 0.23 guntas situated at Kodihalli village and sy.No.23/4 measuring 30acres 12-guntas and sy.No.23/3 measuring 0-12 guntas situated at Kogunde village.  It is further submitted that, he has raised maize crop in the above said lands and also obtained insurance from the OP No.2 under PMFBY by paying premium amount of Rs.5,020-23 paisa on 10.08.2016 to the OP No.1.  The acknowledgement also received for payment of the premium amount from the OP No.1 as per SBI N0005618-1135407 dated 11.09.2017.  The maize crop has been failed and as per the Government certificate, there was about 26% of the crop loss in and around Kodihalli and Kogunde village, Chitradurga Taluk.  Accordingly, the complainant has approached the OP No.1 claiming insurance amount as per the PMFBY.  The OP No.1 assured to release the insurance amount and took time.  The complainant waited for few days but the OPs have not settled the claim.  The complainant has issued legal notice to the OPs, the same has been served to the OPs.  After service of the notice, they failed to settle the insurance claim amount as per PMFBY.  Out of the calculation made by the Government Surveyor, there was about 56% of crop loss in and around Kodihalli and Kogunde villages of Chitradurga Taluk amounting to Rs.1,49,560/- and interest calculated @ 18% amounting to Rs.37,950/-, Rs.2,00,000/- towards deficiency in service and mental agony and Advocate fee of Rs.5,000/- in all a sum of Rs.3,83,510/-.  The cause of action for this complaint arose at Chitradurga when the complainant paid the insurance premium amount to the PMFBY through OP No.1 and the OP No.1 received the premium amount and send the same to OP No.2 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.C.J. Lakshminarasimah, Advocate and filed version and Sri. B.M. Ravichandra, Advocate appeared on behalf of OP No.2 and filed version. 

According to the version filed by OP No.1, it is admitted that, the complainant has remitted the insurance premium to OP No.1 and in turn the OP No.1 send the same to OP No.2 well in time as fixed by the Government.  It is further submitted that, OP No.2 is only responsible to pay the entire premium amount to the complainant, the OP No.1 is not responsible for any claim amount to the complainant and hence, prayed for dismissal of the complaint.

According to the version filed by the OP No.2 denying all the averments made in the complaint.  Further it is stated that, the complaint is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  Whatever the averments stated in the complaint that, the complainant has to prove the same and further the OP No.2 says that, the OP No.1 has not send the premium amount to the OP No.2 within time prescribed by the Government.  According to the OPs, the last date for sending the proposal to the OP No.2 on 08.12.2016 but, the OP No.1 has not send the same within the cutoff date as prescribed by the Government and hence prayed for dismissal of the complaint.

  4. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents     Ex A-1 to A-10 and closed his side. OP No.1 has examined one Smt.H.T. Shilpa, the Deputy Manager as DW-1 and relied on Ex.B-1 to B-5 and closed her side.  OP No.2 has examined one Sri. Krishna Sheernalli as DW-2 and no documents have been got marked and 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 collected the premium amount from the complainant on 10.08.2016 and send the same to the OP No.2 within the cutoff date as prescribed by the Government and entitled for the reliefs as prayed in the complaint?

 

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 having agricultural lands at Kodihalli and Kogunde villages of Chitradurga taluk as stated above.  The complainant has raised maize crop insurance in his land also obtained insurance by paying premium amount of Rs.5,020-23 paisa on 10.08.2016 under PMFBY to the OP No.1 and in turn, the OP No.1 send the same to OP No.2. The OP No.1 has issued acknowledgement for receiving the premium amount from the complainant on 11.11.2017.  After receiving the premium amount, the OP No.1 has sent the same to OP No.2 within the cutoff date as prescribed by the Government.  Due to the shortage of rain fall, the crop was failed. The Government Surveyor has inspected the spot and drawn mahazar and submitted report to the Government.  As per the report prepared by the surveyor, nearly 56% of the crop was lost in and around Kodihalli and Kogunde village of Chitradurga Taluk.  Accordingly, the complainant has filed requisition before the OP No.1 for payment of insurance amount towards loss of crop.  OP NO.1 has promised to release the insurance amount through OP No.2.  But, both the OPs have not settled the claim.  Finally, the complainant has issued legal notice to the OPs, the same has been served to them but they have not settled the claim.  As per the documents produced by the complainant, it clearly goes to show that, the OP No.1 has collected premium amount from the complainant and as per the Ex.B-1 to B-5, clearly shows that, the OP No.1 has send the premium amount to the OP No.2 within cutoff date. 

9.    We have gone through the entire documents filed by both the parties.  Accordingly, the complainant is the absolute owner of the above said lands situated at Kodihalli and Kogunde village of Chitradurga Taluk.  The complainant has raised maize crop and insured the same by paying premium amount under PMFBY through OP No.1 and the OP No.1 send the premium amount to OP No.2 within the cutoff time.  As per Ex.B-1 to A-10, the amount has been paid by the complainant to the OP No.1.  Subsequently, the OP No.1 sent the premium amount to OP No.2 within the cutoff time as fixed by the Government. The documents produced by the OP No.1 clearly shows that the OP No.1 has send the premium amount to the OP No.2 within the cutoff date.  Here the OP No.1 has not committed any deficiency in service in sending the premium amount to the OP No.2.  When the premium amount has been received, the duty of the OP No.2 is to settle the claim as per the Government survey.  Accordingly, the OP No.2 has to pay the compensation to 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 complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that the OP No.2 is hereby directed to pay a sum of Rs.1,40,560/- to the complainant towards insurance amount under Pradhan Mantri Fasal Bima Yojana along with interest @ 12% p.a from the date of receiving the premium amount i.e., 10.08.2016 till realization.

It is further ordered that, the OP No.2 is hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards costs of this proceedings to the complainant. 

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 Lady Member after the correction of the draft on 25/08/2018 and it is pronounced in the open Court after our signature)

 

 

 

 

 

LADY MEMBER                                       PRESIDENT

 

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence

Witnesses examined on behalf of OPs:

DW-1:- Smt. Shilpa, Deputy Manager of OP No.1 by filing affidavit evidence.

DW-2:- Sri. Krishna Sheernalli by filing affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Adhar Card
02	Ex-A-2:-	PMFBYS Pamphlet
03	Ex-A-3:-	Bank Pass Book
04	Ex.A-4:-	Statement of account
05	Ex.A-5:-	Acknowledgement
06	Ex.A-6:-	Crop Insurance coverage List
07	Ex.A-7:-	List showing the crop loss
08	EX.A-8:-	Legal notice dated 2.09.2017
09	Ex.A-9:-	Two Postal receipts
10	Ex.A-10:-	Two postal acknowledgements

Documents marked on behalf of OPs:

 

01	Ex-B-1:-	Letter dated 01.07.2017 by OP No.1 to OP No.2
02	Ex-B-2:-	Statement of crop insurance payments
03	Ex-B-3:-	Bank statement regarding transfer of crop insurance premiums
04	Ex.B-4:-	Online copy of transaction selection criteria of payment of crop insurance premiums
05	Ex.B-5:-	Online copy of proceedings of Government of Karnataka for extension of time for payment of crop insurance

 

 

LADY MEMBER                               PRESIDENT

Rhr.