DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT NO.235/2008 DISPOSED ON 17th DAY OF OCTOBER-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. | Subhas S/o Virupakshappa Gularaddi Khajesab Budnesab Mulla (Dead) Gurappa Totappa Kalasapur Anawarsab Kajesab Mulla Basanagouda Shivanagouda Kalmani (Dead) Hanmappa Madevappa Chatri Tipparaddi Basavaraddi Karamudi Budnesab Kajesab Mulla Veerbadrappa Gurappa Kadli Virupakshappa Shanmukhappa Angadi Ramappa Yallappa Padesoor (Dead) Parappa Channaveerappa Chavadi (Dead) Andappa Veerappa Betageri Hanamaraddi Shivappa Kareddi Hemappa Marabasappa Shettaraddi All complainants Age:Major Occ:Agriculture R/o Balaganur Tq:Gadag Dist:Gadag. (Rep. by Sri.S.C.Hosamani, Adv.) |
V/s
Respondents :- | 1.
2. 3. | The Officer Incharge, Indian Agricultural Insurance Company, Regional Office, Shankarnarayan Building, No.25, M.G.Road, Bangalore – 560 001. (Rep. by Sri.K.V. Kerur, Advocate) The Government of Karnataka, Through its District Commissioner, Gadag District, Gadag (Rep. by DGP, Gadag) The Manager, Karnataka Vikas Grameen Bank R/o: Balaganur, Tq: Gadag Dist: Gadag. (Rep. by Sri.N.S.Bichagatti, Advocate) |
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.5,00,000/- with interest @ 12% p.a, towards mental agony of Rs.10,000/- to each and cost of the proceedings.
1. The brief facts of the complaint are as under:
Complainants are resident of Balaganur village of Gadag Taluk Dist:Gadag. They have grown Onion for the year 2006-07 in Rabi season and paid the premium amount as shown in the schedule through OP No.3. 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 appeared through their counsel. OP No.2 appeared through DGP. OP No.3 remained absent. OP No.1 & 2 filed their 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 of Onion during the year 2006-07 for Rabi season. 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.2 are as under:
OP No.2 denied the various allegations and contended that, complainants have claimed for the loss of their crop during the Rabi 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 judgment on 31.07.2008, complaint is partly allowed and awarded compensation. OP No.1 has challenged the judgment in Appeal No.287/2009 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore, the same came to be dismissed on 19.02.2009. Op No.1 has preferred R.P No.1690/09 before Hon’ble National Commission, and same came to be allowed on 25.05.2009 and remanded for fresh disposal.
6. After receipt of the records, notice issued to the parties. After hearing, my predecessor again passed judgment on 28.05.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 has again preferred an Appeal No.2745/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore 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 judgment on 21.05.2016 and awarded compensation. Being aggrieved by the judgment, OP No.1 has again preferred an Appeal No.1436/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 12.06.2019 and remanded for fresh disposal.
8. After receipt of the records, notice issued to the parties. Complainant. No.2,5,11&12 are reported as dead and no LRs are brought on record. Notice served to complainant No.3,6,7,9,10,13 and15 and OP No.1 to 3. KVK, Adv. filed power for OP No.1. DGP taken notice for OP No.2. NSB, Adv. filed power for OP No.3 Complainant No.7 filed affidavit and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-47. Ops have not chosen to file affidavit evidence.
9. Learned counsel for OP No.1 filed written arguments. Heard, arguments on both sides.
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- filed affidavit and reiterated contents of complaint. PW-1 has stated that, complainants are resident of Balaganur village of Gadag Taluk Dist:Gadag. They have grown Onion for the year 2006-07 in Rabi season and paid the premium amount as shown in the schedule through OP No.3. 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-47 RTCs and other documents are not disputed by the Ops. Main contention of Op No.1 in written version 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 5790, assessed yield 11852 and shortfall Nil, during the year 2006-07 for Rabi season. Thus, 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 2006-07 and complaint filed after 2 years in the year 2008. Even complaint is barred by limitation. Complainant No.2,5,11&12 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 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, the 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 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, directly on computer, corrected and then pronounced by me in the Open Commission on this 17th day of October- 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 : Tipparaddi Basavaraddi Karamudi
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1: Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-2 : RTC.
Ex.C-3 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-4 & 5 : RTCs
Ex.C-6 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-7 : RTC
Ex.C-8 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-9 : RTC.
Ex.C-10 & 11: Certificate issued by Karnataka Vikas Grameen Bank
Ex.C-12: RTC.
Ex.C-13 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-14 & 15: RTCs
Ex.C-16 & 17 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-18: RTC
Ex.C-19 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-20 & 21: RTCs
Ex.C-22: Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-23: RTC
Ex.C-24: Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-25: RTC.
Ex.C-26: Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-27 & 28: RTCs
Ex.C-29 : Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-30 :RTC
Ex.C-31: Certificate issued by Karnataka Vikas Grameen Bank.
Ex.C-32 & 33: RTCs
Ex.C-34:Legal notice.
Ex.C-35 to 47: Crop insurance statements.
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
