DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT NO.515/2008 DISPOSED ON 24th DAY OF AUGUST 2022 |
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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 |
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Complainants :- | 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. | Moulasab Rajesab Jiddimani Age:66 Yrs, Occ:Agril. Kantayya Basayya Renukamath, Age:48 Yrs, Occ:Agril Hanmappa Fakirappa Jangannavar Age:63 Yrs, Occ:Agril. Basappa Rudrappa Menasagi Age:66 Yrs, Occ:Agril. Krishnappa Mukappa Koppal Age:54 Yrs, Occ:Agril. Virupakashappa Mukappa Koppal Age:49 Yrs, Occ:Agril. Smt. Surekha W/o Siddanagouda Patil Age:34 yrs, Occ:Housewife. Raimansab Khajesab Jakkali Age:53 Yrs, Occ:Agril. Chintappa Basappa Kammar Since dead his LRs Rachappa Chintappa Kammar. Age:49 Yrs, Occ:Agril. Basapppa Hanamappa Kuri. Age:26 Yrs, Occ:Agril. Mallappa Mahadevappa Maranbasari (Dead) Hanamantappa Narasappa Arera Age:48 Yrs, Occ:Agril. All complainants are R/o Jakkali 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.K.V.Kerur, Advocate) The Manager, Vyavasaya Seva Sahakari Bank, R/o: Alur, Tq: Mundargi 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.67,030/- 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 Jakkali village of Ron Taluk Dist:Gadag. They have grown Sunflower for the year 2003-04 in 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 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 & 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 crop Sunflower during the year 2003-04 for 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 crop during the Rabi season 2003-04. 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 30.01.2009, complaint is partly allowed and awarded compensation. OP No.1 has challenged the judgment in Appeal No.1097/2009 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bengaluru, the same came to be dismissed. OP No.1 preferred R.P.No.3558/09 before Hon’ble the National Commission, same came to be allowed on 08.10.2009 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 29.01.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.842/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru and the same came to be allowed on 31.08.2010 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 14.12.2015 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.304/16 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.
8. After receipt of the records, notice issued to the parties. Complainant
No. 11is reported as dead and no LRs are brought on record. Complainant No.1 is left the address notice served to complainant No.2 to 10 & 12, they are remained absent. Complainant No.1 filed affidavit on 06.01.2009 and examined as PW-1 and got marked documents as Ex.C-1 to Ex.C-40. 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 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 filed affidavits and reiterated contents of complaint. PW-1 has stated that, Complainants are resident of Jakkali village of Ron Taluk Dist:Gadag. They have grown Sunflower for the year 2003-04 in Rabi season and paid the premium amount as shown in the schedule para-4 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-40 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 2003-04 for Rabi season 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 2003-04 and complaint filed after 5 years in the year 2008. Even complaint is barred by limitation. Complainant No.11 is 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 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 : Moulasab S/o Rajesab Jiddimani.
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1: Proposal form.
Ex.C-2 :Crop certificate issued by village accountant.
Ex.C-3 : RTC.
Ex.C-4 : Crop certificate issued by village accountant.
Ex.C-5 : Proposal form.
Ex.C-6 :RTC
Ex.C-7 : Crop certificate issued by village accountant.
Ex.C-8 : Proposal Form.
Ex.C-9 & 10: RTCs
Ex.C-11 : Crop certificate issued by village accountant.
Ex.C-12: Proposal Form.
Ex.C-13 & 14: RTCs
Ex.C-12 to 14 :RTCs
Ex.C-15 : Crop certificate issued by village accountant.
Ex.C-16 : Proposal form.
Ex.C-17 : RTC.
Ex.C-18: Crop certificate issued by village accountant.
Ex.C-19: Proposal form.
Ex.C-20 to 22 :RTCs.
Ex.C-23 : Crop certificate issued by village accountant.
Ex.C-24: Proposal form.
Ex.C-25: RTC
Ex.C-26: Crop certificate issued by village accountant.
Ex.C-27: Proposal form..
Ex.C-28 : Crop certificate issued by village accountant.
Ex.C-29: Proposal form.
Ex.C-30: RTC
Ex.C-31: Crop certificate issued by village accountant.
Ex.C-32: Proposal form.
Ex.C-33: Crop certificate issued by village accountant.
Ex.C-34: Proposal form
Ex.C-35: Crop certificate issued by village accountant.
Ex.C-37 : Crop certificate issued by village accountant.
Ex.C-38 : Proposal form.
Ex.C-39: D.C.Cirucular.
Ex.C-40 : Threshold Yield data for Kharif 2006 season.
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
