V/s

JUDGEMENT

JUDGEMENT DELIVERED BY SMT. YASHODA BHASKAR PATIL, MEMBER

            The complainants have filed the complaint U/Sec.12 of the C.P. Act, 1986 for crop insurance amount of Rs.4,11,174/-,  towards mental agony Rs.3,000/-  each with cost.

            2.    The brief facts of the complaint are as under:

            The complainants are residing at Hunagundi and Hole-Alur villages of Ron Taluk and they have grown Sunflower, Wheat, Jowar and Onion for Khariff/Rabi season during the year 2002-03 and 2003-04.  They have got insured the above said crops with OP No.1 through OP No.2 Canara Bank and paid the premium amount.  Due to non-availability of rain, they have suffered loss.  OPs have not paid the insurance amount in spite requests.  Complainants have mentioned the extent of land, crop, insured amount and premium paid details in the complaint.  Hence, filed this complaint.

          3.   After accepting the complaint, notice was issued to the OPs.  OP No.1 appeared through counsel and OP No.2 remained absent.  OP No.3 appeared through DGP. 

            4.         The brief facts of the Written Version filed by OP No.1 are as under:-

            OP No.1 denied the various allegations in the complaint and admitted the premium paid by the complainants.  They have settled the claim amount whenever shortfall found as per the Statistical data issued by the Government.  However, there is no shortfall during the said period.  Hence, they have not settled the claim amount to the complainants.  Hence, prays for dismissal of the complaint.

          5.       To prove the case, complainant No.1 filed affidavit on 11.12.2007 and 02.12.2022 and examined as PW-1 and got marked the documents.  OPs did not file affidavit evidence. 

          6.       After hearing the arguments, complaint was partly allowed on 18.12.2007 and awarded the compensation.  OP No.1 preferred an appeal in Appeal No.4029/2009 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore, the same came to be allowed on 28.07.2010 and remanded for fresh disposal.    After receipt of the records, again my predecessor   allowed   the    complaint   in   common   judgment   along with other complaints on 30.11.2010 and awarded the compensation.  Present complainants have filed applications on 16.07.2013 for mentioning of their names in the judgment as through oversight their names are not found in the judgment.  My predecessor dismissed the application on 18.01.2016.  Complainants preferred R.P No.22/2017 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed and directed to include their names in the judgment.  Accordingly, order complied and names of the complainants were included in the common judgment.  Meanwhile, again OP No.1 preferred an appeal in Appeal No.1718/2017 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 25.09.2019 and remanded for fresh disposal with an observation that, each affidavits of the complainants shall be taken and dispose afresh. 

          7.       After receipt of the records, Court notices were issued to the parties.  OP No.1 appeared through their counsel, OP No.2 absent and OP No.3 appeared through DGP.  After remand, complainant No.3, 5, 8, 9, 11, 12 and 14 are reported as dead.  LRs of complainant No.5, 8 and 9 are brought on record.  Complainant No.3, 12 and 14 are one and the same persons.  Complainant No.8, 15, 10 and 16 are one and the same persons.  Complainant No.1, 2, 6, 7, 8(b), 9(b), 10 and 17 filed their affidavit evidence and examined as PW-1 to PW-8 and got marked the documents as Ex.C-1 to Ex.C-40.  Other complainants and OP No.1 to 3 have not filed their affidavit evidence in spite of sufficient opportunity being given and got marked the document as Ex.OP-1.      

          8.       Heard the arguments of both side. 

          9.   The points for consideration to us are as under:

1. Whether the complainants prove that, there is a deficiency of service committed by the OPs?

2. Whether the complainants are entitled for the relief?

3. What Order?

     10.     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

            11.     Point No.1 & 2:- The points are taken together to avoid the repetition of facts.

          12.     On careful perusal of the materials placed before us, PW-1 to PW-8 have filed their separate affidavits in-lieu of their chief examination and reiterated the contents of the complaint.  PW-1 to 8 have stated that, they are residing at Hunagundi and Hole-Alur villages of Ron Taluk and they have grown Sunflower, Wheat, Jowar and Onion for Khariff/Rabi season during the year 2002-03 and 2003-04.  They have got insured the above said crops with OP No.1 through OP No.2 Canara Bank and paid the premium amount.  Due to scarcity of rain, they have suffered loss.  OPs have not paid the insurance amount, in spite requests. 

          13.     Ex.C-1 to Ex.C-37 are the RTCs reveal that, complainants are owners of their respective lands.  Ex.C-38 to Ex.C-40 are the survival certificates and death certificates.  Ex.C-1 to Ex.C-40 are not disputed by the OPs.  The main contention of OP No.1 is that, there is no shortfall found during the said year.  Hence, they have not committed any deficiency of service.  Ex.OP-1 is the assessed yield in respect of Khariff/Rabi crops for the year 2003-04 issued by the Director of Economics and Statistics, Bangalore reveals that, in Hole-Alur, Naregal and Ron Hobli planned for notified Rabi crop of Wheat, Sunflower and Maize planned 12 and 12 and assessed yield is 170, 259 and 20 respectively.  In the written version,    OP No. 1   specifically   mentioned the details Hoblies, threshold

yield, assessed yield and shortfall column with respect to Sunflower, Jowar and Onion crops.  Complainant No.1 to 11 stated that, they have paid the premium for Sunflower and complainant No.12 paid the premium for Wheat but, as per Ex.OP-1, there is no shortfall for Sunflower and Wheat in Hole-Alur Hobli.  In complaint, it is stated that, complainant No.13 and 14 have paid the premium for Jowar crop.  Moreover, complainants  are  claiming compensation for the crop grown during the year 2002-03 and 2003-04 but, complaint is lodged in the year 2007 after a lapse of more than three years.  For the above, complainants have failed to prove that, there was a shortfall for the year 2002-03 and 2003-04 and OPs have committed deficiency of service.  Accordingly, we answer Point No.1 and 2 are in negative.

          14.     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 return the amount to the OP No.1 deposited in this case, if OP No.1 failed to receive the amount, amount shall be kept in Fixed Deposit.

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 30^th day of JUNE-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:Veeranagouda Shivanagouda Patila

PW-2:Ramanagouda Shekaragouda Menasagi

 PW-3:Smt. Umadevi Shashidharayya Hiremath

PW-4:Shadaksharayya Veerabhadrayya Vastrad

PW-5:Basayya Shankrayya Vastrad

PW-6:Sridhara Veerayya Vastrad

PW-7:Ishwarayya Basayya Vastrad

PW-8:Sanganagouda Basanagouda Doddagoudra

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1 to 16: Loan proposal form

Ex.C-17 to 37: Record of Rights

Ex.P-38 & 39: Survival Certificates

Ex.P-40: Death Certificate

EVIDENCE ON BEHALF OF OPs:

                       -NIL-

DOCUMENTS ON BEHALF OF OPs:

Ex.OP-1: Assessed yield report in respect of Khariff/Rabi crops for the year 2003-                04 issued by the Director of Economics and Statistics, Bangalore.

(Shri Raju N. Metri)    (Shri. D.Y. Basapur)   (Smt.Yashoda Bhaskar. Patil)

        MEMBER                 PRESIDENT              WOMAN MEMBER