DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT NO.210/2008 DISPOSED ON 16th DAY OF JANUARY 2023 |
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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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COMPLAINT NO.210/2008
Complainants :- | 1. 2. 3. 4. 5. 5(a). 6. 7. 8. 9. 10. 11. 12. 13 14 15 | Shivappa Basappa Tipparaddy Bharamappa Basappa Kuri Basavaraj Kedarappa Arera Neelambika W/o Mallikarjun Meti Shivagangavva Mahalingappa Meti Since dead rep. by his LRs. Mallikarjun S/o Mahalingappa Meti Maheshwarappa Sankappa Kori Lingayya Andanayya Renukamath (Dead) Mallayya Andanayya Renukamath Adiveppa Havalappa Ronad Manjunath Adiveppa Ronad Havalappa Adiveppa Ronad Sharnappa Hanamappa Talawar Siddappa Ayyappa Somanakatti (Dead) Annapurna W/o Ayyappa Meti (Dead) Andanappa Channabasappa Hosamani (Dead) All Complainants are Age:Major Occ: Agriculturists, R/at: Jakkali, Tq: Ron, & Dist: Gadag. (Rep. by Sri.C.B.Koppad, Adv.) |
V/s
Respondents :- | 1.
2. 3. | The Managing Director, Indian Agricultural Insurance Company, Shankarnarayan Building, No.25, M.G.Road, Bangalore – 560 001. (Rep. by Sri.K.V. Kerur, Advocate) The Manager, Vyavasaya Seva Sahakari Bank, Branch Jakkali, 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. RAJU.N.METRI, MEMBER
The complainants have filed the complaint U/Sec.12 of the Consumer Protection Act, 1986 for crop insurance amount for Rs.1,07,520/- with interest @ 12% p.a, towards mental agony and Rs.5,000/- towards cost of litigation to each complainant.
2. The brief facts of the complaint are as under:
Complainants are resident of Jakkali village of Ron Taluk. They had sowed Sunflower for the year 2003-04 in Rabi season and paid the premium amount as shown in the schedule para No.4 through OP No.2. The Government declared drought and waived the revenue tax of the Agricultural lands. However, OPs did not pay the insured amount. Complainants have separately mentioned the extent of land, premium amount, insurance amount, season and name of crop in detail.
3. In pursuance of service of notice, OP No.1 appeared through their counsel. Op No.2 remained absent. DGP appeared for Op No.3 and filed written version.
4. 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 of Sunflower for the Rabi seasons 2003-04. As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall to the said crops in Rabi season. So no deficiency of service committed by Op No.1. 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 claiming for the loss of their crop of Sunflower for the Rabi season 2003-04. Complainants are not a consumer of OP No.3, this Op has only supervising power over the other Ops. So, there is no deficiency of service. Hence, prays for dismissal of the complaint.
6. After hearing, my predecessors passed a common judgment on 04.07.2008 and awarded the compensation. OP No.1 has challenged the judgment in Appeal No.1351/09 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore, the same came to be dismissed. OP No.1 has preferred R.P. No.2827/2009 before Hon’ble National Consumer Disputes Redressal Commission, New Delhi, the same came to be allowed and remanded for fresh disposal.
7. After receipt of the records, notices were issued to the parties. After hearing, my predecessor again passed a common judgment on 23.03.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 has again preferred an Appeal No.2324/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 13.12.2010 and remanded for disposal.
8. After receipt of the records, notices were issued to the parties. After hearing, my predecessor again passed a common judgment on 04.12.2015 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.291/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 03.02.2020 and remanded for disposal.
9. After receipt of the records, notices were issued to the parties. Notices served on the complainant No.1,3,4,5,6,8,9,12 and Op No.1 to 3. Complainant No.7,13,14,15 are reported as dead. LRs. of complainant No.5 brought on record and LRs. complainant No. 7,13,14,15 are not brought on record. KVK Adv. filed power for Op No.1. DGP filed M/A for OP No.3 and written version. Complainant No.1 filed affidavit and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-49. Sri. Praveenkumar B.R. for Op No.1 filed affidavit and examined as
RW-1 and marked as Ex.OP-1 to Ex.OP-5. Op No.2 & 3 have not chosen to file affidavit evidence.
10. Heard the arguments on both sides.
11. 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 the relief?
- What Order?
12. 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
13. Point No.1 & 2:- The points are taken together to avoid the repetition of facts.
14. On careful perusal of the materials placed before us, case remanded for fresh disposal with a direction take the affidavit evidence of all complainants. PW-1 filed affidavit and reiterated the contents of complaint. PW-1 has stated that, complainants have claimed for the loss of their crop of Sunflower for the Rabi seasons 2003-04. As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall to the said crop in Rabi season. So no deficiency of service committed by Op No.1.
15. RW-1 has reiterated the contents of the written version filed by Op No.1 in affidavit. RW-1 has stated that complainants have claimed for the loss of their crop of Sunflower for the Rabi seasons 2003-04. As per the yield data furnished by the Director of Economics and Statistics, there was no shortfall to the said crops in Rabi season. So no deficiency of service committed by Op No.1.
16. Ex.C-1 to C-49 RTCs and other documents are not disputing by the Ops. The main contention of Op No.1 is that there was no shortfall as per yield data report issued by statistical department. In written version stated as per yield data for Rabi 2003-04 of Naregal Hobli for Sunflower mentioned the Threshold yield as 191 and Assessed yield as 322 and shortfall as NIL. Ex.OP-1 to Ex.OP-5 reveals that as per crop cutting experiment there is no shortfall, as OP No.1 specifically mentioned in the affidavit. Ex.Op No.1 to 5 corroborated the defense taken in the written version that, there is no shortfall. Ops have followed the guidelines, conducted crop cutting experiments.
17. 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 4 years in the year 2008. Inspite of service of notice and complainants have not chosen to file their affidavit evidence except complainant No.1. Without proving the case with affidavit and documentary evidence, complainants are not entitled the reliefs. Mere allegation made in the complaint without producing oral and documentary evidence to show that there is a shortfall, they are not entitled the relief.
18. 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.
19. 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.
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 us in the Open Commission, on this 16th day of January- 2023)
(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: Shivappa Basappa Tipparaddy
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1: Copy of crop certificate issued by village accountant.
Ex.C-2: Copy of proposal form.
Ex.C-3 : Copy of crop certificate issued by village accountant.
Ex.C-4:Copy of proposal form.
Ex.C-5: Copy of crop certificate issued by village accountant.
Ex.C-6: Copy of proposal form.
Ex.C-7: Copy of crop certificate issued by village accountant.
Ex.C-8: Copy of proposal form.
Ex.C-9: Copy of crop certificate issued by village accountant.
Ex.C-10:Copy of proposal form
Ex.C-11: Copy of crop certificate issued by village accountant.
Ex.C-12: Copy of proposal form
Ex.C-13: Copy of crop certificate issued by village accountant.
Ex.C-14: Copy of proposal form.
Ex.C-15: Copy of crop certificate issued by village accountant.
Ex.C-16: Copy of proposal form
Ex.C-17: Copy of crop certificate issued by village accountant.
Ex.C-18: Copy of proposal form.
Ex.C-19: Copy of crop certificate issued by village accountant.
Ex.C-20: Copy of proposal form.
Ex.C-21: Copy of crop certificate issued by village accountant.
Ex.C-22 : Copy of proposal form.
Ex.C-23: Copy of crop certificate issued by village accountant.
Ex.C-24 : Copy of proposal form.
Ex.C-25: Copy of crop certificate issued by village accountant.
Ex.C-26: Copy of proposal form.
Ex.C-27: Copy of crop certificate issued by village accountant.
Ex.C-28: Copy of proposal form
Ex.C-29: Copy of crop certificate issued by village accountant.
Ex.C-30: Copy of proposal form.
Ex.C-31: Copy of crop certificate issued by village accountant.
Ex.C-32: Copy of proposal form.
Ex.C-33 to 49: RTCs
EVIDENCE ON BEHALF OF OPs:
RW-1 : Sri. Praveen Kumar B.R.
DOCUMENTS ON BEHALF OF OPs:
Ex.OP-1:Copy of Scheme and guidelines.
Ex.OP-2: Copy of Government order 2003-04 dtd:10.10.2003.
Ex.OP-3: Copy of Bank receipt dtd:27.05.2005.
Ex.OP-4: Copy of Average yield data for Rabi 1998-2003 issued by Directorate
of economics and Statistics.
Ex.OP-5: Copy of details of Past 5 years Assessed Yield Data-
District/Taluk/Hoble wise.
(Shri Raju N. Metri) (Shri. D.Y. Basapur) (Smt.Yashoda Bhaskar. Patil)
MEMBER PRESIDENT WOMAN MEMBER
