V/s

JUDGEMENT

JUDGEMENT DELIVERED BY SRI. D.Y. BASAPUR, PRESIDENT

          The complainants have filed the complaint U/Sec.12 of the Consumer Protection Act, 1986 for recovery crop loan insurance amount of Rs.5,75,000/- as shown in schedule with interest @ 12% p.a, towards mental agony of Rs.5,000/- each and cost of the proceedings.

          1.  The brief facts of the complaint are as under:-

          Complainants are resident of  Abbigeri village of Ron Taluk Dist:Gadag.  They have grown Onion, Groundnut, Sunflower, Cotton, Bengalgram, Greengram and Wheat, for the year 2004-05 in Kharif/Rabi season and paid the premium amount as shown in the schedule through OP No.2. Due to shortage of rain, complainants have suffered loss.  Inspite of repeated request to Ops, they did not settled the claim.  So, Ops have committed the deficiency of service.  Hence, filed this complaint.

          2.       In pursuance of service of notice, OP No.1 appeared through counsel, OP No.3 appeared through DGP and Op No.2 remained absent. Op No.1 & 3 filed written version. 

          3.       The brief facts of written version filed by OP No.1 are as under:

          OP No.1 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the year 2004-05 for Kharif/Rabi seasons.   As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall. Hence, claim is not settled.  So, there is no deficiency of service. Hence, prays for dismissal of the complaint.

          4. The brief facts of  written version filed by OP No.3 are as under:

          OP No.3 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the Kharif/Rabi seasons 2004-05.  Complainants are not a consumer to this Op, and OP-3 has only supervising power over the other Ops.  So, there is no deficiency of service. Hence, prays for dismissal of the complaint.

          5. After hearing, my predecessor passed common judgment on 30.09.2008, complaint is partly allowed and awarded compensation.  OP No.1 has challenged the judgment in Appeal No.1676/2009 before the Hon’ble Karnataka State Consumer Disputes    Redressal   Commission,   Bengaluru,   the   same   came to be allowed on 19.11.2010 and remanded for fresh disposal.

          6.       After receipt of the records, notice issued to the parties.  After hearing, my predecessor again passed common judgment on 30.12.2015 and awarded compensation.  Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.399/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru and the same came to be allowed on 03.02.2020 and remanded for fresh disposal.

          7. After receipt of the records, notice issued to the parties. Complainant
No. 1,3 to 5, 9,12,15,17 and 18 are reported as dead and no LRs are  brought on record.  Notice served to Complainant No. 2 and 14 called out absent. Complainant No.1, 6 to 8,10,11,13,16 and 19  filed affidavit and examined as PW-1 to PW-9 and got marked documents as Ex.C-1 to Ex.C-76.  Notice served to OP No.1 to 3. DGP appeared for Op No.3 and filed the written version. Op No.1& 2 appeared through their counsels and OP No.1 filed affidavit and examined as RW-1 and got marked documents as Ex.OP-1 to Ex.Op-34.  Op No.2 & 3 have not chosen to file affidavit evidence. OP No.1 filed written argument.

8.       Heard, arguments on both sides.

          9.       The points for consideration to us are as under:

1. Whether the complainants prove that, there is a deficiency in service by the OPs?

2. Whether the complainants prove that, they are          

entitled for relief?

3. What Order?

       10.   Our findings on the above points are as under:

               Point No. 1:  Negative.

               Point No. 2:  Negative

               Point No. 3:  As per the final Order

R E A S O N S

              11.   Point No.1 & 2:- The points are taken together to avoid the repetition of facts.

            12.   On careful perusal of the materials placed before us, case remanded for fresh disposal with a direction take affidavit evidence of all complainants. PW-1 to PW-10 filed affidavits and reiterated contents of complaint. PW-1to PW-9 have stated that, complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag.  They have grown Onion, Groundnut, Sunflower, Cotton, Bengalgram, Greengram and Wheat, for the year 2004-05 in Kharif/Rabi seasons and paid the premium amount as shown in the schedule through OP No.2. Due to shortage of rain, complainants have suffered loss.  Inspite of repeated request to Ops, they did not settled the claim.  So, Ops have committed the deficiency of service.

13. Ex.C-1 to Ex.C-76 RTCs and other documents are not disputing by the Ops. Main contention of Op No.1 is that there was a no shortfall as per yield data report issued by statistical department. In the written version filed by Op No.1 shown the threshold yield, assessed yield and shortfall. For the year 2004-05 for Kharif/Rabi seasons there is no shortfall. 

14. Per contra RW-1 has reiterated contents of written version filed by Op No.1 in affidavit.  RW-1 has stated that OP No.1 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the Khariff/Rabi seasons 2004-05.  As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall to the said crops on both seasons. Ex.Op No.1 to Ex.OP-34 reveal that Ops have adopted the guidelines issued by the governments and there is no shortfall.

15. Even no cause of action arose to file this complaint as there is no deficiency of service committed by Ops. Complainants claiming compensation for the loss of crops for the year 2004-05 and complaint filed after 4 years in the year 2008. Even complaint is barred by limitation. Complainant No. 1, 3 to 5, 9,12,15,17 and 18 are reported as dead and their LRs are not brought on record.  Without proving the case with affidavit evidence and documents, complainants are not entitled the reliefs. Mere allegation made in the complaint without producing documentary evidence to show that there is a shortfall.

          16.     For the above, complainants have failed to prove that OPs have committed deficiency of service and they are entitled for the reliefs.   Accordingly, we answer Point No.1 and 2 in Negative.         

             17.  POINT No. 3: In the result, we pass the following:

//O R D E R//

              The complaint filed U/Sec.12 of the Consumer Protection Act, 1986 is dismissed.No order as to costs.

Amount transferred from State Commission, deposited by OP No.1 is ordered to return to OP No.1 after appeal period.

Office is directed to send the copies of this order to the parties free of cost.

            (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 21^st day of September- 2022)

           (Shri Raju N. Metri)    (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

                MEMBER                  PRESIDENT                WOMAN MEMBER

-: ANNEXURE :-

EVIDENCE ON BEHALF OF COMPLAINANT/S:

PW-1 : Gulanagouda Linganagouda Yallappagoudar.

PW-2 : Basavaraj Guruppa Tegginkeri.

PW-3: Veeranna Shivappa Shirol.

PW-4 : Andappa Parasappa Talawar.

PW-5 : Andappa B Ronad.

PW-6 : Mahantesh Kalasappa Malagi.

PW-7 : Andappa Basappa Nadavalagudda.

PW-8 : Sangayya Veerayya Mathapathi.

PW-9 : Laxmawwa Laxmappa Dambal.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: Certificate issued by Bank.

Ex.C-2 :RTC.

Ex.C-3 : Certificate issued by Bank.                                           

Ex.C-4 :  Certificate.

Ex.C-5  & 6 :  RTCs

Ex.C-7 : Certificate issued by Bank.

Ex.C-8 & 9 : RTCs

Ex.C-10 to 12 : Bank certificates.

Ex.C-13: Certificate.

Ex.C-14 & 15 : RTCs

Ex.C-16 & 17: Banks Certificates

Ex.C-18 & 19: RTCs

Ex.C-20 to 22 :Bank certificates.

Ex.C-23 : RTC

Ex.C-24 & 25 : Bank certificates.

Ex.C-26 : RTC.

Ex.C-27 & 28: Certificates.

Ex.C-29: RTC

Ex.C-30 :Bank certificates.

Ex.C-31 : RTC

Ex.C-32: Bank certificates.

Ex.C-33: RTC

Ex.C-34: Certificate.

EVIDENCE ON BEHALF OF OPs:

RW-1 : Praveen Kumar B.R.

DOCUMENTS ON BEHALF OF OPs:

Ex.Op-1 : Scheme and Guidelines

Ex.OP-2 : Government order in respect of Kharif-2004 under RBKY dtd:24.05.2004.

Ex.Op-3 : Instruction to Nodal Banks Circular for Rabi-Summer 2004-05.

Ex.OP-4 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                Director of Economics and Statistics. Dtd:31.10.2012.

Ex.Op-5 : Assessed Yield 2004-05;  

Ex.OP-6 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                Director of Economics and Statistics dtd:31.10.2012. (Onion Un-irrigated)

Ex.OP-7 : Copy of the Assessed yield data in respect of Rabi Crops Kharif 2004-05 issued by

               the Director of Economics.

Ex.OP-8 : Copy of the Actual yield data from 1999-2003 pertaining RBKY/NAIS issued by

                Director of Economics and Statistics dtd:31.10.2012 (Sunflower un-irrigated)

Ex.Op-9 : Assessed Yield 2004-05.

Ex.Op-10 : Copy of the Actual yield data from 1999-2003 pertaining RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Sunflower un-irrigated)

Ex.Op-11 : Assessed Yield 2004-05.

Ex.Op-12 : Copy of the Actual yield data from 1999-2003 pertaining RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012. (Groundnut un-irrigated)

Ex.Op-13 : Copy of the forwarded of Assessed yield lin respect of Kharif crops 2004-05 (Ground

                  nut un-irrigated)

Ex.OP-14 :  Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Ground nut un-irrigated)

Ex.Op-15 : Assessed Yield 2004-05.

Ex.Op-16 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Greengram nut un-irrigated)

Ex.Op-17 : Assessed Yield 2004-05.

Ex.Op-18 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Cotton nut un-irrigated)

Ex.Op-19 : Assessed Yield 2004-05.

Ex.Op-20 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Maize un-irrigated)

Ex.Op-21 : Assessed Yield 2004-05.

Ex.Op-22 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Maize un-irrigated)

Ex.Op-23 : Assessed Yield 2004-05.

Ex.Op-24 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Wheat un-irrigated)

Ex.Op-25 : Assessed Yield Rabi 2004-05.

Ex.Op-26 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Wheat un-irrigated)

Ex.Op-27 : Assessed Yield Rabi 2004-05.

Ex.Op-28 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics dtd:31.10.2012 (Gram un-irrigated)

Ex.Op-29 : Assessed Yield Rabi 2004-05.

Ex.Op-30 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics (Gram un-irrigated)

Ex.Op-31 : Assessed Yield Rabi 2004-05.

Ex.Op-32 : Copy of the Actual yield data from 1999-2003 pertaining to RBKY/NAIS issued by

                 Director of Economics and Statistics (Sunflower un-irrigated)

Ex.Op-33 : Assessed Yield Rabi 2004-05.

Ex.Op-34 : Details of past 5 years Assessed yield Date-District/Taluka/Hoble Wise.

        (Shri Raju N. Metri)    (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

              MEMBER                  PRESIDENT            WOMAN MEMBER