Karnataka

Kolar

CC/22/2019

Sri.K.G.Yashodamma - Complainant(s)

Versus

The Manager,Universal Sompo General Insurance Company - Opp.Party(s)

Sri.G.Ravindra Babu

16 Sep 2019

ORDER

Date of Filing: 13.03.2019

Date of Disposal: 16.09.2019

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^TH DAY OF SEPTEMBER 2019

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 22 OF 2019

Smt. K.G. Yashodamma,

W/o. N. Gopalakrishna,

Aged About 43 Years,

R/at: 7^th Cross, Karanjikatte,

Kolar.                                                                 ….  COMPLAINANT.

(Rep. by Sri. G. Ravindra Babu, Advocate)

 

- V/s –

1) The Manager,

The Universal Sompu General

Insurance Company Limited,

No.217/A, 4^th Floor,

K.V. Samrat, 3^rd Main Outer Ring Road,

Kasthurinagara, Bangalore-43.

(Rep. by Sri. B. Kumar, Advocate)

 

2) The Joint Director,

Department of Agriculture,

Old D.C. Compound,

Kolar District, Kolar.

(In-person)                                                                          …. OPPOSITE PARTIES.

:: ORDER ::

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the OPs and prays to direct the OPs to pay Rs.36,661/- along with travelling expenses of Rs.2,000/- and compensation of Rs.50,000/- with interest at 20% per annum and to allow the complaint.

02.   The brief facts of the complainant case is that, she has insured crop raised in Sy. No. 47/P31 measuring 04 acres 10 guntas situated at Thippasandra Village, Holur Hobli, Kolar Taluk, for the year 2016-2017 vide application No.976306 and paid premium to OP No.1.  The proposal of the complainant has been accepted by the OP No.1 and assured to pay Rs.36,661/-.  The complainant approached the OPs personally after the loss of the Ragi crop due to draught in Kolar Taluk and requested to pay the assured amount, but the OP has failed to pay the same in spite of approaching several times and failed to pay the amount and caused deficiency of service.  The complainant has issued legal notice on 24.09.2018.  The OP in spite of service of legal notice has not replied and filed this complaint against the OPs.

03.   The complainant has produced list with four documents:-

(i) Copy of Legal Notice dated: 24.09.2018 – Document No.1

(ii) Copy of Crop Insurance details – Document No.2

(iii) Copy of RTC Extract - Document No.3

(iv) Copy of Aadhar Card – Document No.4

04.   OP No.1 appeared through counsel.  OP No.2 appeared in-person and not filed his version.

05.   OP No.1 has filed its version and narrated scheme of the Pradhana Manthri Fasal Bhima Yojana and specifically contended that, as per the complainant’s application/proposal No.976306 the OP No.1 has already paid a sum of Rs.36,661-24 paisa vide UTR No. BARBC19134300623 to the concerned Bank on 15.05.2019 and the complaint is not maintainable and there is no deficiency of service on the part of the OP No.1 and prays to dismiss the complaint.

06.   The complainant has filed sworn affidavit by way of examination-in-chief.  On 19.06.2019 she has filed Memo with copy of Samrakshane Portal and so also she has filed another Memo dated: 06.08.2019 with one document issued by Bank Of Baroda, Kolar Branch.  The Senior Executive Claims has filed sworn affidavit by way of examination-in-chief on behalf of OP No.1 and filed following two documents:-

(i) Copy of the Letter issued by Commissionerate of Agriculture, Department of Agriculture, Bangalore-1 – Exhibit-W.1

(ii) Copy of the letter issued by Government of India, Ministry of Agriculture & Farmers Welfare, Department of Agriculture, Cooperation & Farmers’ Welfare, Krishi Bhawan, New Delhi, dated: 05.01.2019 – Exhibit-W.2.

07.   Heard arguments for counsel of complainant and OP No.1.

08.   Now the points that do arise for our consideration are that:-

1. Whether the complainant has proved deficiency in service on the part of the OPs?

 

2.  Whether the complainant is entitled for the reliefs as prayed by him?

 

3. What order?

 

09.   Our findings on the above stated points are:-

POINTS 1 & 2:-       Are in the Negative

       

POINT 3:-                As per the final order

for the following:-

REASONS

POINTS 1 & 2:-

10.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version, affidavit evidence of the complainant and OP No.1 and the documents produced by the complainant and OP No.1. 

11.   It is a fact that, the complainant has insured Ragi Crop raised in Sy. No. 47/P31 to an extent of 04 acres 10 guntas situated at Thippasandra Village, Holur Hobli, Kolar Taluk, for the year 2016-2017 vide application No.976306 and paid premium to OP No.1.  The complainant has produced Xerox copy of claim approved statement as per Document No.2, Xerox copy of the RTC extract as per Document No.3, Xerox copy of Aadhar Card as per Document No.4 and so also she has produced copy of Samrakshane Portal along with Memo dated: 19.06.2019.  On perusal of the Samrakshana Portal, it revealed about the sum assured amount of Rs.36,661-24 paisa, but on the other hand, the OP No.1 has specifically contended that, he has paid a sum of Rs.36,661.24 paisa vide UTR No.BARBC1914300623 to the concerned bank on 15.05.2019.  The counsel for OP No.1 has also addressed the arguments that, the OP No.1 has deposited the lump-sum amount to the Syndicate Bank, Maharanis College, Seshadri Road, Bangalore, and to that effect he has produced copy of the document i.e., letter dated: 08.05.2019 issued by the Joint Director of Agriculture as per Exhibit-W1 wherein it revealed that, the Joint Director of Agriculture, Bangalore, addressed letter to all insurance companies to deposit the claim amount to the Syndicate Bank, Maharani’s College, Sheshadri Road, Bangalore, to the account of Commissioner for Agriculture GOK, Seshadri Road, Bangalore, to the Account No.04952010016109.  The OP No.1 has contended that, he has deposited the lump-sum amount to the Syndicate Bank, Maharanis College, Seshadri Road, Bangalore, and to that effect he has produced document annexed along with Exhibit-W-1, but the said document does not revealed about the amount and the specific application number.  The OP No.1 has stated about the payment of details in his evidence at page No.2. 

12.   On the other hand, the complainant has also filed Memo dated: 06.08.2019 and produced one document issued by Bank of Baroda, Kolar Branch, wherein it revealed that, the complainant by name Smt. K.G. Yasodamma, W/o. N. Gopalakrishna is the account holder of their Bank vide Bank Account No.40350200000138 and they did not get the amount of Rs.36,661.24 paisa on 15.05.2019 in her account from Universal Sompo General Insurance Company.  The complainant has also produced Xerox copy of her bank account transaction through Memo dated: 30.08.2019, on perusal of the said document, the said amount of Rs.36,661.24 paisa as contended by the OP No.1 is not at all credited to the account of the complainant as on 15.05.2019.  The said fact clearly goes to show that, the sum assured amount is not credited to the account of the complainant.  But the complainant did not approach the Syndicate Bank, Maharanis College, Seshadri Road, Bangalore, to get the assured amount and there is no deficiency of service on the part of the OPs.  Hence as discussed above, the complainant has failed to prove the deficiency of service on the part of OPs and accordingly we answer Points 1 & 2 are in the Negative.

 

13.   Hence under these circumstances as discussed above, we direct the complainant to approach the concerned Bank where the OP No.1 has deposited the lump-sum amount vide document annexed to Exhibit-W.1 to get the sum assured amount as per the Samrakshana Portal.    

 

 

POINT 3:-

14.   In view of our findings on Point Nos.1 & 2 and the discussions made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is hereby dismissed.

02.   The complainant is directed to approach the Syndicate Bank, Maharanis College, Seshadri Road, Bangalore, to get the sum assured amount, failing which the complainant is at liberty to file fresh complaint on the same cause of action.

03.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 16^th DAY OF SEPTEMBER 2019)

 

 

 

 

   LADY MEMBER                            PRESIDENT