Karnataka

Chitradurga

CC/158/2018

Jayanna S/o Thimmanna - Complainant(s)

Versus

The Manager,TATA AIG Insurance Company Ltd., - Opp.Party(s)

Sri.Thippeswamy.N

12 Apr 2019

ORDER

COMPLAINT FILED ON :03/07/2018, 14/08/2018 & 23/08/2018

           DISPOSED ON:11/04/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

C.C Nos.131/2018, 153/2018 TO 158/2018 & 165/2018   DATED:11th APRIL 2019

 

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

                        SMT. JYOTHI RADHESH JEMBAGI

                                BSc., MBA., DHA.,

LADY MEMBER

COMPLAINANT/S	C.No.131/2018   H.S. Kumaraswamy S/o H.S. Sambalinappa, Aged about 45 years, Mathod Village, Mathod Hobli, Hosadurga Tq., Chitradurga District. C.No.153/2018   Natesh S/o Parappa, Aged about 50 years, B.G. Palya, Mathodu Hobli, Hosadurga Taluk, Chitradurga District   C.No.154/2018   Thippeshappa S/o Siddalingappa, Aged about 55 years, Hothurugondanahalli, Mathodu Hobli, Hosadurga Taluk, Chitradurga District.   C.No.155/2018   Mudlappa S/o Rajappa, Aged about 44 years, Mathod, Mathodu Hobli, Hosadurga Taluk, Chitradurga District   C.No.156/2018   H.S.Omkarmurthy S/o H.S.Sambalingappa, Aged about 52 years, Jiraythu, Mathodu Hobli, Hosadurga Taluk, Chitradurga District   C.No.157/2018   B.Siddhramappa S/o G.Bassappa,aged about 70 years,Jiraythu, Mathodu Hobli, Hosadurga Taluk, Chitradurga District.   C.No.158/2018   Jayanna S/o Thimanna, Aged about 62 years, Jiraythu, Chinnapura ,Kasaba Hobli,Hosadurga Taluk, Chitradurga District.   (Rep by Smt/Sri.Thippeswamy. N,  Advocate)
V/s
OPPOSITE PARTIES	C.C Nos. 131/2018, 153/2018 TO 158/2018 1. The Branch Manager, TATA General Insurance Company Limited, 3rd Floor, J.P. and Devi Jambukeshar Arcade. No.69, Millers road, Bangalore.   2.  The Branch Manager, Pragathi Krishna Gramina Bank, Mathod Village, Mathod Hobli, Hosadurga Taluk.   3. Deputy Director of Horticulture, Horticulture, Department, Chitradurga District.   (Rep by Smt/Sri.B.M. Ravichandra, Advocate for OP No.1 and Sri.A.M. Rudramuni, Advocate for OP No.2 and OP No.3)
COMPLAINANT	C.No.165/2018   Raghuramaiah S/o R. Eshwarappa, Aged about 50 years, Mathod Village, Mathod Hobli, Hosadurga Tq., Chitradurga Dist.,
V/S
OPPOSITE PARTIES	1. The Branch Manager, TATA General Insurance Company Limited, 3rd Floor, J.P. and Devi Jambukeshar Arcade. No.69, Millers road, Bangalore. 2.  The Branch Manager, Canara Bank,  Hosadurga Branch, Hosadurga Taluk.   3. Deputy Director of Horticulture, Horticulture, Department, Chitradurga District.   (Rep by Smt/Sri.B.M. Ravichandra, Advocate for OP No.1 and Sri.A.M. Rudramuni, Advocate for OP No.2 and OP No.3)

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 OP No.1 and 2 to pay insurance amount with interest at the rate of 18% p.a and Rs.50,000/- towards compensation and to grant such other reliefs.

2.     Since the above complaints have been filed against the same OPs, for the similar reliefs and compensation thereon and also for costs and interest and since the above matters are similar and for the sake of convenience they have been clubbed together and after hearing the arguments, above cases have been posted for orders. 

3.     Brief facts of the complaint is that, the complainant in Complaint No.131/2018 is having agricultural land measuring 25-acres in sy.No.216 situated at Kanchipura village, Hosadurga taluk.  Out of which, the complainant has grown pomegranate crop and   insured the said crop under PMFBY by paying premium amount of Rs.9,730/- through OP No.2 for the year 2016-17 on 14.07.2016 to OP No.1 to the extent of Rs.1,94,613-75.  Likewise, the complainant in complaint No.153/2018 has paid the premium amount on 08.07.2016 under the said scheme as shown below:

Sy.No.	To the extent of	Crop	Premium amount	Insurance amount
163	2-17 guntas	Pomogranate	Rs.5,518-69	Rs.1,10,373-75

 

The complainant in complaint No.154/2018 has paid the premium amount on 15.07.2016 under the said scheme as shown below:

Sy.No.	To the extent of	Crop	Premium amount	Insurance amount
90	2-05 guntas	Pomogranate	Rs.4,836-94	Rs.96,738-75

 

The complainant in complaint No.155/2018 has paid the premium amount under the said scheme as shown below:

Sy.No.	To the extent of	Crop	Premium amount	Insurance amount
46	4-02 guntas	Pomogranate	Rs.9,105-75	Rs.1,82,115-00

 

The complainant in complaint No.156/2018 has paid the premium amount under the said scheme as shown below:

Sy.No.	To the extent of	Crop	Premium amount	Insurance amount
35/3	6-20 guntas	Pomogranate	Rs.14,794-00	Rs.2,95,897-50

 

The complainant in complaint No.157/2018 has paid the premium amount on 08.07.2016 under the said scheme as shown below:

Sy.No.	To the extent of	Crop	Premium amount	Insurance amount
126	2-23 guntas	Pomogranate	Rs.5,859-56	Rs.1,17,191-25

 

The complainant in complaint No.158/2018 has paid the premium amount on 08.07.2016 under the said scheme as shown below:

Sy.No.		Crop	Premium amount	Insurance amount
40	2-10 guntas	Pomogranate	Rs.5,121-00	Rs.1,02,420-00

 

The complainant in complaint No.165/2018 has paid the premium amount on 30.06.2016 under the said scheme as shown below:

Sy.No.		Crop	Premium amount	Insurance amount
40/1	30-03 guntas	Pomogranate	Rs.6m829-31	Rs.1,36,586-25

 

The crop sown in the above said lands have been completely failed due to drought.  After that, the representatives of OP No.1 have visited the lands of the above complainants and obtained report, but they have not paid the insurance amount to the complainants in all the complaints.  The complainants have visited the OP No.1 several times claiming insurance amount, but it went in vain.  Thereafter, the complainants have issued legal notice to the OPs on 13.06.2018, 14.07.2018 and on 16.07.2018, the same has been served to OPs, but they failed to reply to the same or to pay the insurance amount to the complainants.  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. 

4.     After issuance of the notice to the OPs, OP No.1 appeared through Sri. B.M. Ravichandra Advocate and Sri. A.M. Rudramuni, 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, the OP No.1 has not made any deficiency of service and it has settled the insurance amount as per the terms and conditions of the policy to the complainant in complaint No.131/2018 for a sum of Rs.19,777-95, which was deposited to the account of the complainant drawn on PKGB on 20.06.2018.  WBCIS is a scheme in which answering OP is just an implementing agency.  All the calculations and assessment is done by the Government officials and on the basis of assessment, this OP provides the payment to the insured farmers. 

In the rest of the complaints it is submitted that, it is not aware of the fact that, the complainants are the owners of the above said lands and they grown pomegranate crop in their lands.  It is also not aware that, the OPs have collected premium under PMFBY as stated by the complainants in their complaints towards the insurance and due to drought, the crops were failed and the complainants have suffered severe loss.  It is further submitted that, they have not sent their officials to the lands of the complainants to survey the loss and not given any assurance to the complainants with regard to the settlement of the claim.  It is not aware of the fact that, the complainants have issued legal notice and they have not replied to the same and the complainants are put to strict proof of the same.   It is further submitted that, as per the operational guidelines of PMFBY, the time period for submission of farmers date to OP No.2 is 15 days is after the date of cutoff date.  In these cases, the cutoff date was 10^th August 2016 and the OP No.2 suppose to sent all the proposals within 15^th August 2016, but with the directions of the Department extended proposal acknowledgement till 8^th December 2016 until the claim settlement process started and the company had closed acceptance of proposals due to claim process begins and further alteration/change in data was possible by considering the adverse selection of proposal, hence the OP No.1 is not liable to pay compensation to the complainants in all the cases and prayed for dismissal of the complaints.    

  

OP No.2 filed version stating that, the complainants are the customers of OP No.2 and they have paid premium amount under the PMFBY to the OP No.1 through OP No.2 as stated in their complaints, but is not true that, the OP No.2 has received commission from the complainants and the OP No.2 is responsible for payment of insurance amount.   The OP No.1 has given endorsement for receipt of the premium amount.  As per the directions of the Government the OP No.2 has sent the crop insurance premium amount to the OP No.1.  The OP No.2 is only receiving the premium amount from the farmers and sent the same to OP No.1 and OP No.2 is not responsible for payment of the insurance amount.  The complainants have not approached this Forum with clean hands as required under C.P Act and hence, in view of all the above said reasons, OP No.2 has not made any deficiency in service to the complainants in all the cases and hence, prayed for dismissal of the complaints against OP No.2.  

OP No.1 filed version denying all the allegations made in the complaint.  It is stated that, the complainants without knowing law and facts and jurisdiction of the Court filed these complainants before this Forum though there is no jurisdiction to decide the cases and there is no cause of action to file these complaints.  The complainants in their prayer even nowhere mentioned the liability of OP No.3 and the complaints filed by the complainants are suffered by non joinder of necessary parties in the above cases and the proper party is not made as a party to the complaints and hence, OP No.3 is not liable to pay any claim sought by the complainants and hence, prayed for dismissal of the complaints against OP No.3.

5. Complainant has examined as PW-1 by filing affidavit evidence. OP No.1 has examined one Sri. Krishna Sheernalli, the Chief Manager as DW-1 and on behalf of OP No.2, one Sri.G. Lokesh, the Manager and P.A. Holder as DW-2 and on behalf of OP No.3 one Smt. Savitha G, the Deputy Director of Horticulture as DW-3.  The complainant in complaint No.131/2018 has relied on Ex.A-1 to 5 and the OPs have relied on Ex.B-1 to B-3 documents.  The complainant in complaint No.153/2018 has relied on Ex.A-1 to A-8, the complainant in complaint No.154/2018 has relied on Ex.A-1 to A-8, the complainant in complaint No.155/2018 has relied on Ex.A-1 to A-7, the complainant in complaint No.156/2018 has relied on Ex.A-1 to A-7, the complainant in complaint No.156/2018 has relied on Ex.A-1 to A-7, The complainant in complaint No.157/2018 has relied on Ex.A-1 to A-7, the complainant in complaint No.158/2018 has relied on Ex.A-1 to A-8 and the complainant in complaint No.165/2018 has relied on Ex.A-1 to A-8 and OPs have relied on Ex.B-1 to B-4 and closed their side.

 

6. Heard the arguments.

 

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

 

Point No.1:-Whether the complainants in all the cases prove that, the OP No.2 has send the proposal form to the OP No.1 in time and further OP No.1 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?

 

 

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

 

 

                Point No.1:-Partly Affirmative.

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

 

::REASONS::

9. Point No. 1:-It is not in dispute that the complainants in all the cases are having agricultural lands as stated above.  The said persons have paid the crop insurance premium amounts to the OP No.2 and in turn, the OP No.2 sent the same to OP No.1 in time as fixed by the Government.  It is pertinent to note that, regularly the complainants in all the cases were growing Pomogranate crops in their respective lands as stated in their complaints.   During Khariff 2016-17 season, they have insured their crops under PMFBY Scheme by paying premium amount to the OP No.1 through OP No.2.  Due to natural calamities, the crops were failed. OP No.2 says that, they have collected the premium amount and send the same to OP No.1 insurance company within time as fixed by the Government, the OP No.1 is liable to pay the insurance amount to the complainants in all the above cases.  The complainants have sent legal notice to the OPs for payment of insurance amount, but the OPs have not given any reply or settled the claim towards loss of crop.  Then the complainants in all the cases have filed these complaints.  It is argued by the Advocate for the complainants that, OP No.2 has collected the premium amount from the complainants in all the cases and the same has been sent to the OP No.2 Insurance Company.  The Advocate for OP No.2 stated that, it is true that, the complainant has paid the premium amount and send the same to OP No.1 within the time fixed by the Government. 

10.   We have gone through the entire documents filed by both the parties, it clearly shows that, the complainants in all the cases have paid the premium amount to the OP No.2 and in turn, the OP No.2 send the same to OP No.1 well in time.  As per the exhibits produced by the complainant, it clearly shows that, the OP No.2 has sent the premium amount to the OP No.1.  As per the acknowledgement produced by the OP No.2, it clearly shows that, the OP No.1 has collected the premium amount from the OP No.2.  Here the OP No.1 has committed deficiency of service in settling the crop insurance amount to the complainant under PMFBY.  Hence, the OP No.1 is liable to pay the insurance amount to the complainants in all the cases.  Once, the insurance company collected the premium amount from the farmers, it is its bounden duty to settle the insurance amount if the crop failed due to failure of rainfall/natural calamities @ 80% of the insured amount. Accordingly, we answer Point No.1 held as affirmative. 

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

ORDER

The Complaint No.131/2018, 153/2018 to 158/2018 and 165/20158 filed by the complainants U/s 12 of CP Act 1986 are hereby partly allowed.

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.1,35,913/- after deducting the amount already paid by the insurance company to the complainant in complaint No.131/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.88,298/- to the complainant in complaint No.153/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.77,390/- to the complainant in complaint No.154/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.1,45,692/- to the complainant in complaint No.155/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.2,36,717/- to the complainant in complaint No.156/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.93,752/- to the complainant in complaint No.157/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.81,976/- to the complainant in complaint No.158/2018 along with interest at the rate of 9% p.a from the date of complaint till realization. 

It is ordered that the OP No.1 is hereby directed to pay a sum of Rs.1,09,268/- to the complainant in complaint No.165/2018 along with interest at the rate of 9% p.a from the date of complaint till realization.  

 It is further ordered that, the OP No.1 is hereby directed to pay Rs.10,000/- each towards mental agony and Rs.5,000/- each towards costs of this proceedings to the complainants in all the complaints. 

Complaint filed as against OP No.2 and 3 is dismissed.

It is further ordered that, the OP No.1 is hereby directed to comply the above order within 30 days from the date of this order.

Keep the original of this order in C.No.131/2018 and the copies be in other cases.

(This order is made with the consent of Lady Member after the correction of the draft on 12/03/2019 and it is pronounced in the open Court after our signature)

 

 

LADY MEMBER                                       PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainants in C.No.131/2018, 153/2018 to 165/2018.

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

Witnesses examined on behalf of OPs in C.No.131/2018, 153/2018 to 165/2018

DW-1:- Sri. Krishna Sheernalli, by filing affidavit evidence.

DW-2:- Sri.G. Lokesh, by filing affidavit evidence.

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

Documents marked on behalf of Complainant in C.No.131/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Bank Challan
03	Ex-A-3:-	Legal notice
04	Ex.A-4:-	Postal receipt
05	Ex.A-5:-	Postal Acknowledgement

Documents marked on behalf of OPs in C.No.131/2018:

01	Ex-B-1:-	Proposal Form
02	Ex-B-2:-	Check Status
03	Ex.B-3:-	Ledger extract

Documents marked on behalf of Complainant in C.No.153/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Bank Pass Book
05	Ex.A-6:-	Aadhar Card
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgement

Documents marked on behalf of OPs in C.No.153/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.154/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Bank Pass Book
05	Ex.A-6:-	Aadhar Card
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgement

Documents marked on behalf of OPs in C.No.154/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.155/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Aadhar Card
05	Ex.A-6:-	Bank Pass Book
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgement

Documents marked on behalf of OPs in C.No.155/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.156/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Bank Pass Book
05	Ex.A-6:-	Aadhar Card
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgements

 

Documents marked on behalf of OPs in C.No.156/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.157/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Aadhar Card
05	Ex.A-6:-	Bank Pass Book
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgement

 

Documents marked on behalf of OPs in C.No.157/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.158/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Postal receipts
05	Ex.A-6:-	Statement of account
06	Ex.A-7:-	Aadhar Card
07	Ex.A-8:-	Bank Pass Book

 

Documents marked on behalf of OPs in C.No.158/2018:

-Nil-

Documents marked on behalf of Complainant in C.No.165/2018:

01	Ex-A-1:-	R of R
02	Ex-A-2:-	Proposal Form
03	Ex-A-3 & 4:-	Legal notices
04	Ex.A-5:-	Bank Pass Book
05	Ex.A-6:-	Aadhar Card
06	Ex.A-7:-	Postal receipts
07	Ex.A-8:-	Postal Acknowledgements

 

Documents marked on behalf of OPs in C.No.165/2018:

01	Ex-B-1:-	Transaction Slip
02	Ex-B-2:-	Copy of courier dated 01.07.2016
03	Ex-B-3:-	Statement of A/c for 01.11.2015 to 13.12.2018
04	Ex.B-4:-	Statement of A/c for 01.01.2000 to 13.12.2018

 

 

LADY MEMBER                               PRESIDENT

Rhr.,