DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT No.56/2008 DISPOSED ON 17th DAY OF NOVEMBER 2022 |
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BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER |
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Complainants :- | 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. 55. 56. 57. 58. | Sharnappa Basavareddappa Basavareddar and others. Noorsab Fakirsab Tahasildar (Dead) Devendragouda Andangouda Patil Girimallappa Veerabhadrappa Veerapura Girimallappa Veerabhadrappa Veerapura Chennappa Veerappa Shivshimpar (Dead) Ninganagouda Shankaragouda Halakurki Sharanappa Shivanagouda Madanura Veerabadhrappa Beemappa Asooti Since dead by his Lr Sri. Basappa Veerabhadrappa. Khanasab Dadasaheb Nadaf (Dead) Allasab Nabisab Nadaf Neelappa Ayyappa Hanamasagar (Dead) Basavaraj Siddappa Veerapura Muthanna Parameshappa Talabala Channaveerappa Kalingappa Kalagi Venkatesh Neelakanta Kulkarni Shivanandaswamy Channaveerswamy Aralemath (Dead) Shantavva W/o Chidanandappa Malagi Mallikarjungouda Huchanagouda Chikkanagoudra (Dead) Smt. Lakshmavva W/o Ayappa Paradi (Dead) Shivappa Veerbhadrappa Shirol (Dead) Prakash Shivappa Nayakar and others. Govindaraj Andanappa Giraddi (Dead) Veerappa Basappa Harlapur (Dead) Suresh Kashappa Avaraddi (Dead) Shivaputrappa Andappa Baligera Neelappa Ningabasappa Baligera Lokappa Basappa Karakikatti Shivaputrappa Virupakshappa Thippashetty (Dead) Kasturibai W/o Mahalingappa Desai Ramappa Shivanagappa Basavareddar (Dead) Mallikarjuna Shankrappa Basavareddar Channappagoudra Mallangoudra Marigoudra (Dead) Shankargouda Basanagouda Policepatil Venkatesh Bapubhatt Navalli Smt. Premabai W/o Muddurunga Bhat Joshi(Dead) Kallappa Veerappa Hulli Muddurangabhat Suryabhat Joshi (Dead) Kashapagouda Shankaragouda Policepatil Doddappa Shankarappa Kotagi Nagappa Bheemappa Guggari Basanagouda Basanagoudoa Patil (Dead) Smt. Anusaya W/o Basappa Hadapad Sharanappa Gurubasappa Mushigeri Parappa Veerappa Kumbar (Dead) Channappagouda Sanganagouda Hulakurki Sakragouda Andanagouda Giraddi (Dead) Smt. Pravatevva W/o Veerappa Vankalakunti (Dead) Hanumappa Balappa Shiragumpi (Dead) Andappa Mudiyappa Dvasalakeri Veerappa Siddalingappa Haradari Andappa Siddalingappa Haradari Shivappa Sangappa Wali (Dead) Veerabadhrappa Andanappa Menasagi (Dead) Yallavva W/o Bailappa Hadapada Ramachandrappa Basappa Iholi (Dead) Shivaputrappa Shankrappa Hanchinala Smt. Paravatevva W/o Shivarayappa Niralotti (Dead) All complainant are Age: Major, residing at Abbigeri, Ron Taluk, Gadag Dist:582101. (Rep. by Sri.B.V.Neeraloti, Adv.) |
V/s
Respondents :- | 1.
2. 3. | Indian Agricultural insurance company of India Ltd., Regional office (Karnataka) 1st Floor, Shankara Narayan Building 25, M.G,.Road, Bangalore-01. By its Assistant Manager. (Rep. by Sri.K.V.Kerur, Advocate) The Manager, Malaprabha Grameen Bank, Nidagundi Tq:Ron Dist:Gadag. (Rep. by Sri.N.S.Bichagatti,, Advocate) 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 of crop insurance amount of Rs.4,75,856/- with interest @ 12% p.a. Rs.5,000/- towards mental agony to each complainant and cost of the complaint.
1. The brief facts of the complaint are as under:
Complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag. They have grown Sunflower, for the year 2003-04 Rabi in 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 service of notice, OP No.1 & 2 appeared through counsel and OP No.3 appeared through DGP. OP No.1 to 3 filed written version.
3. The brief facts of the 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 during the year 2003-04 in Rabi season. As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall to the crops for the year 2003-04 in Rabi season. So, there is no deficiency of service committed by this OP. Hence, prays for dismissal of the complaint.
4. The brief facts of written version filed by OP No.2 are as under:
OP No.2 denied the various allegations and contended that, complainants have claimed for the loss of their crop for the Rabi season 2003-04. OP No.2 stated that, they are acting as collecting agent and mediator between the complainants and OP No.1, they have received the proposal forms, premium amount and submitted to OP No.1. They are not responsible and there is no deficiency of service committed by OP No.2. Hence, prays for dismissal of the complaint.
5. The brief facts of the 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 year 2003-04 in Rabi season. Complainants are not a consumer to this OP and are only having supervising power over the other Ops. So there is no deficiency of service. Hence, prays for dismissal of the complaint.
6. After hearing, my predecessor, passed common judgment on 09.07.2008 and awarded compensation. OP No.1 has challenged the judgment in Appeal before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore, the same came to be dismissed. Op No.1 preferred R.P No.1718/09 before Hon’ble National Commission, and same came to be allowed on 25.05.2009 and remanded for fresh disposal.
7. After receipt of the records, notices were 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 No.1355/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 30.08.2010 and remanded for fresh disposal.
8. After receipt of the records, notices were issued to the parties. Notices served to complainant No.1,7,26,32,46,50 and Ops, and they are remained absent. Complainant No.2,6,9,10,12,17,19,20,21,23 to 25,29,31,33,36,38,42,45,47 to 49, 53,54,56 and 58 are reported as dead no LRs brought on record. KVK, Adv. filed power for OP No.1. NSB, Adv. taken notice for OP No. 2. DGP. filed M/A and written version for OP No.3. Complainant No.1, 3, 4, 5, 11, 16, 18, 27, 34, 37, 40, 41, 43, 55, 57, 8, 13, 14, 15, 22, 35, 39, 44, 51, 52, 32,46 and 7 are filed affidavit and examined as PW-1 to PW-28 and got marked the documents Ex.C-1 to Ex.C-168. Ops have not chosen to file affidavit evidence.
9. No argument advanced on both side inspite of sufficient time given.
10. The points for consideration to us are as under:
- Whether the complainants prove that, there is a deficiency of service committed 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-28 have filed affidavit and reiterated contents of complaint. PW-1to PW-28 have stated that, complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag. They have grown Sunflower, for the year 2003-04 Rabi in 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-169 are documents not disputed by the Ops. In written version OP No.1 specifically stated that, were there was no shortfall in yield and they have not entitled any insurance amount. In written version stated that, for the crop of Sunflower crop the Assessed yield is 322 and Threshold yield is 191 of Naregal Hobli. Therefore, Assessed yield is more than Threshold yield. Hence, there is no shortfall and complainants are not entitled the claim amount.
15. Complainants claiming compensation for the loss of crop for the year 2003-04 and complaint filed after 4 years in the year 2008. Mere allegation made in the complaint, without producing documentary evidence to show that there is a shortfall. 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.
16. 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, directly on computer, corrected and then pronounced by me in the Open Court on this 17th day of November- 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: Sharnappa Basavareddappa Basavareddar
PW-2: Devendragouda Andangouda Patil
PW-3: Girimallappa Veerabhadrappa Veerapura
PW-4: Girimallappa Veerabhadrappa Veerapura
PW-5: Allasab Nabisab Nadaf
PW-6: Venkatesh Neelakanta Kulkarni
PW-7: Shantavva W/o Chidanandappa Malagi
PW-8: Neelappa Ningabasappa Baligera
PW-9: Shankargouda Basanagouda Policepatil
PW-10: Kallappa Veerappa Hulli
PW-11: Doddappa Shankarappa Kotagi
PW-12: Nagappa Bheemappa Guggari
PW-13: Smt. Anusaya W/o Basappa Hadapad
PW-14: Yallavva W/o Bailappa Hadapada
PW-15: Shivaputrappa Shankrappa Hanchinala
PW-16: Sharanappa Shivanagouda Madanura
PW-17: Basavaraj Siddappa Veerapura
PW-18: Muthanna Parameshappa Talabala
PW-19: Channaveerappa Kalingappa Kalagi
PW-20: Prakash Shivappa Nayakar
PW-21: Venkatesh Bapubhatt Navalli
PW-22: Kashapagouda Shankaragouda Policepatil
PW-23: Sharanappa Gurubasappa Mushigeri
PW-24: Veerappa Siddalingappa Haradari
PW-25: Andappa Siddalingappa Haradari
PW-26: Mallikarjuna Shankrappa Basavareddar
PW-27: Channappagouda Sanganagouda Hulakurki
PW-28: Ninganagouda Shankaragouda Halakurki
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : Proposal form.
Ex.C-2: Certificate issued by village accountant.
Ex.C-3 : Form No.24
Ex.C-4 : Proposal form.
Ex.C-5: Certificate issued by village accountant.
Ex.C-6 : Form No.24
Ex.C-7:Proposal form.
Ex.C-8: Certificate issued by village accountant.
Ex.C-9: Proposal form.
Ex.C-10 : Form No.24
Ex.C-11: Certificate issued by village accountant.
Ex.C-12: Proposal form.
Ex.C-13: Certificate issued by village accountant.
Ex.C-14 : Proposal form.
Ex.C-15: Certificate issued by village accountant.
Ex.C-16 : Proposal form.
Ex.C-17: Certificate issued by village accountant.
Ex.C-18:Proposal form.
Ex.C-19: Certificate issued by village accountant.
Ex.C-20:Proposal form.
Ex.C-21:Form No.24
Ex.C-22:Proposal form.
Ex.C-23: Certificate issued by village accountant.
Ex.C-24:Proposal form.
Ex.C-25: Certificate issued by village accountant.
Ex.C-26:Proposal form.
Ex.C-27: Certificate issued by village accountant
Ex.C-28:Proposal form.
Ex.C-29: Certificate issued by village accountant
Ex.C-30:Proposal form.
Ex.C-31: Certificate issued by village accountant
Ex.C-32:Proposal form.
Ex.C-33: Certificate issued by village accountant
Ex.C-34:Proposal form.
Ex.C-35: Certificate issued by village accountant
Ex.C-36: Proposal form.
Ex.C-37: Certificate issued by village accountant
Ex.C-38:Proposal form.
Ex.C-39: Certificate issued by village accountant
Ex.C-40:Proposal form.
Ex.C-41: Certificate issued by village accountant
Ex.C-42:Proposal form.
Ex.C-43: Certificate issued by village accountant
Ex.C-44:Proposal form.
Ex.C-45: Certificate issued by village accountant
Ex.C-46: Certificate issued by village accountant
Ex.C-47:Proposal form.
Ex.C-48: Certificate issued by village accountant
Ex.C-49:Proposal form.
Ex.C-50: Certificate issued by village accountant
Ex.C-51:Proposal form.
Ex.C-52: Certificate issued by village accountant
Ex.C-53:Propsoal form.
Ex.C-54:Proposal form.
Ex.C-55 & 56: Certificates issued by village accountant
Ex.C-57& 58:Proposal forms.
Ex.C-59: Certificate issued by village accountant
Ex.C-60:Proposal form.
Ex.C-61: Certificates issued by village accountant
Ex.C-62:Proposal form.
Ex.C-63: Certificates issued by village accountant
Ex.C-64:Proposal form.
Ex.C-65: Certificates issued by village accountant
Ex.C-66:Proposal form.
Ex.C-67: Certificates issued by village accountant
Ex.C-68:Proposal form.
Ex.C-69: Certificate issued by village accountant
Ex.C-70:Proposal form.
Ex.C-71& 72: Certificates issued by village accountant
Ex.C-73:Proposal form.
Ex.C-74: Certificate issued by village accountant
Ex.C-75: Proposal form.
Ex.C-76: Certificate issued by village accountant
Ex.C-77 & 78:Proposal forms.
Ex.C-79: Certificate issued by village accountant
Ex.C-80: Proposal form.
Ex.C-81: Certificate issued by village accountant
Ex.C-82:Proposal form.
Ex.C-83: Certificate issued by village accountant
Ex.C-84:Proposal form.
Ex.C-85: Certificate issued by village accountant
Ex.C-86:Proposal form.
Ex.C-87:Certificate issued by village accountant
Ex.C-88: Proposal form.
Ex.C-89: Certificate issued by village accountant
Ex.C-90:Proposal form.
Ex.C-91: Certificate issued by village accountant
Ex.C-92:Proposal form.
Ex.C-93: Certificate issued by village accountant
Ex.C-94:Proposal form.
Ex.C-95: Certificate issued by village accountant
Ex.C-96:Proposal form.
Ex.C-97: Certificate issued by village accountant
Ex.C-98:Proposal form.
Ex.C-99: Certificate issued by village accountant
Ex.C-100:Proposal form.
Ex.C-101: Certificate issued by village accountant
Ex.C-102:Proposal form.
Ex.C-103 to 108:Crop Insurance Statements.
Ex.C-109 to 169:RTCs.
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
