DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
|
| |
CONSUMER COMPLAINT NO.354/2008 DISPOSED ON 24th DAY OF AUGUST 2022 |
|
|
| |
BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER |
|
Complainants :- | 1. 2. 3. 4. 5. 6. 7. 8. 9. 9 a) 10. 11. | Maheshswami Anandswami Aralemath Age:60 Yrs, Occ:Agril. Rudrappa Veerappa Basalapur Age:65 Yrs, Occ:Agril. Basavva W/o Veerabasappa Talakal Age:60 Yrs, Occ:Housewife. Virupakashappa Sangappa Talikoti Age:60 Yrs, Occ:Agril. 1) Yamanursab 2) Remanasab
3) Husainsab S/o Fakkirsab Pinjar sice represented by his natural Guardian Mother Allabi Age:48 Yrs, Occ:Housewife. Shivappa Bailappa Nidagundi Age:40 Yrs, Occ:Agril Rudragouda Shivanagouda Patil (Dead) his LRs. Somanagouda Rudragouda Patil Age:41 Yrs, Occ:Agril. Sharanagouda Siddangouda Patil Age:45 Occ:Agril. Channavva W/o Siddangouda Patil Since dead reptd. By her LR. Sharanagouda Siddangouda Patil Age:62 Yrs, Occ:Agril. Somappa Basappa Harlapur Age:58 Yrs, Occ:Agril. Drakshayini W/o Somappa Harlapur Age:50 Yrs, Occ:Housewife. All complainants are Occ:Agril R/o Abbigeri Tq:Ron Dist:Gadag. (Rep. by Sri.B.V.Neeraloti, Adv.) |
V/s
Respondents :- | 1.
2. 3. | Managing Director, Indian Agricultural Insurance Company, Regional Office, Shankarnarayan Building, No.25, M.G.Road, Bangalore – 560 001. (Rep. by Sri.M.S.Sudi, Advocate) The Manager, Vyavasaya Seva Sahakari Bank, R/o: Abbigeri Tq: Ron Dist: Gadag. (Absent) The Government of Karnataka, Through its District Commissioner, Gadag District, Gadag (Rep. by DGP, Gadag) |
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.1,20,105/- as shown in schedule para-4 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 and Green-gram for the year 2006-07 in Kharif 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 settle the claim. So, Ops have committed the deficiency of service. Hence, filed this complaint.
2. In pursuance of notice, OP No.1 appeared through counsel, OP No.3 appeared through DGP and Op No.2 remained absent. Op No.1 & 2 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 crop Onion and Green-gram during the year 2006-07 for Kharif 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 crop during the Kharif season 2006-07. Complainants are not a consumer; this Op 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 07.10.2008, complaint is partly allowed and awarded compensation. OP No.1 has challenged the judgment in Appeal No.735/2009 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bengaluru, the same came to be dismissed. OP No.1 preferred R.P.No.2876/09 before Hon’ble the National Commission, same came to be allowed on 12.08.2009 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 28.05.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.2749/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru and the same came to be allowed on 28.10.2010 and remanded for fresh disposal.
7. After receipt of the records, notice issued to the parties. After hearing, my predecessor again passed common judgment on 21.05.2016 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.1440/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru and the same came to be allowed on 12.06.2020 and remanded for fresh disposal.
8. After receipt of the records, notice issued to the parties. Complainant
No. 9 is reported as dead and LRs are brought on record. Complainant No.1 to 5 ,7 to 11 and 9 (a) and examined as PW-1 to 11 and got marked documents as Ex.C-1 to Ex.C-83. DGP appeared for Op No.3 and filed the written version. Notice served to Op No.1 & 2 they are remained absent and not chosen to file their affidavit evidence.
9. No argument advanced on both side, as no presentation made out.
10. The points for consideration to us are as under:
- Whether the complainants prove that, there is a deficiency in service by the OPs?
- Whether the complainants prove that, they are
entitled for relief?
- What Order?
11. 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
12. Point No.1 & 2:- The points are taken together to avoid the repetition of facts.
13. 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-11 filed affidavits and reiterated contents of complaint. PW-1 to PW-11 have stated that, Complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag. They have grown Onion and Green-gram for the year 2006-07 in Kharif 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 settle the claim. So, Ops have committed the deficiency of service.
14. Ex.C-1 to Ex.C-83 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.. So, there is no shortfall for the year 2006-07 of Green-Gram for Kharif season.
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 2006-07 and complaint filed after 2 years in the year 2008. Even complaint is barred by limitation. Without proving the case with affidavit evidence and documents, complainants are not entitled the relief. Mere allegation made in the complaint without producing documentary evidence to show that there is a shortfall, they cannot be entitled the reliefs.
16. For the above, complainants have failed to prove that OPs have committed deficiency of service and they are entitled for the relief. Accordingly, we answer Point No.1 and 2 in the 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 24th day of August- 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 : Maheshswami S/o Anandswami Aralemath
PW-2 : Rudrappa S/o Veerappa Basalapur.
PW-3 :Basavva W/o Veerbasappa Talakal
PW-4 : Veerpakshappa S/o Sangappa Talikoti
PW-5 : Allabi W/o Fakirsab Pinjar.
PW-6: Somanagouda S/o Shivanagouda Patil
PW-7 : Sharanappagouda Siddangouda Patil
PW-8: Sharanappagouda S/o Siddangouda Patil
PW-9: Somappa Basappa Harlapur
PW-10 : Drakshayini W/o Somappa Harlapur.
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1: Bank receipt.
Ex.C-2: Form No.24
Ex.C-3: Certificate.
Ex.C-4 : Crop certificate issued by village accountant.
Ex.C-5 : Proposal form.
Ex.C-6 : RTC.
Ex.C-7 : Bank receipt.
Ex.C-8 : Form No.24
Ex.C-9 : Certificate.
Ex.C-10 : Crop certificate issued by village accountant.
Ex.C-11: Proposal form.
Ex.C-12 : RTC
Ex.C-13 : Form No.24
Ex.C-14 : Crop certificate issued by village accountant.
Ex.C-15 : Proposal form.
Ex.C-16 : RTC.
Ex.C-17 : Bank receipt.
Ex.C-18 : Crop certificate issued by village accountant.
Ex.C-19: Form No.8 A
Ex.C-20 : Proposal form.
Ex.C-21 : RTC.
Ex.C-22 : Form No.8 A
Ex.C-23 : Crop certificate issued by village accountant.
Ex.C-24 : Proposal form.
Ex.C-25 & 26 : RTCs.
Ex.C-27 : Certificate.
Ex.C-28 : Form No.8 A
Ex.C-29 : Proposal form.
Ex.C-30 : Crop certificate issued by village accountant.
Ex.C-31 & 32 : RTCs.
Ex.C-33: Form No.8 A
Ex.C-34 : Crop certificate issued by village accountant.
Ex.C-35 : Proposal form.
Ex.C-36 & 37 :RTC’s
Ex.C-38: Form No.8 A
Ex.C-39 : Crop certificate issued by village accountant.
Ex.C-40 & 41: Proposal form.
Ex.C-42 : RTC.
Ex.C-43 to 45 : Bank receipts.
Ex.C-46 : Crop certificate issued by village accountant.
Ex.C-47 : Proposal form.
Ex.C-48 : RTC.
Ex.C-49 : Form No.8 A
Ex.C-50: Crop certificate issued by village accountant.
Ex.C-51& 52: Proposal form.
Ex.C-53 & 54 : RTC’s
Ex.C-55 : Form No.8 A
Ex.C-56 : Crop certificate issued by village accountant.
Ex.C-57 : Proposal form.
Ex.C-58 : RTC.
Ex.C-59 : Form No.8 A
Ex.C-60 : Crop certificate issued by village accountant.
Ex.C-61 : Proposal form.
Ex.C-62 : RTC
Ex.C-63 : Total Death letter (bond paper)
Ex.C-64 : Form No.8 A
Ex.C-65 : Crop certificate issued by village accountant.
Ex.C-66 : Proposal form.
Ex.C-67 : RTC.
Ex.C-68 : Bank receipt.
Ex.C-69 : Form No.24.
Ex.C-70 : Crop certificate issued by village accountant.
Ex.C-71 & 72: Proposal form.
Ex.C-73: Bank receipt.
Ex.C-74 : Form No.24.
Ex.C-75 : Crop certificate issued by village accountant.
Ex.C-76 to 78 : Proposal form.
Ex.C-79 :D.C. Gadag circular dtd:04.08.2007.
Ex.C-80 : Letter from Dist. Statistical department Gadag dtd:20.10.2012.
Ex.C-81 : Letter from Dist. Statistical department Gadag dtd:20.10.2012.
Ex.C-82 : LRs. Certificate.
Ex.C-83 : Death certificate.
EVIDENCE ON BEHALF OF OPs:
-NIL-
DOCUMENTS ON BEHALF OF OPs:
-NIL-
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
