V/s

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.32,806/- as shown in schedule with interest @ 18% 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  Adrakatti village of Shirahatti Taluk Dist:Gadag.  They have grown Onion, Greengram and Groundnut for the year 2005-06 in Kharif/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 Onion, Green-gram and Groundnut during the year 2005-06 for Kharif/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 Kharif/Rabi season 2005-06.  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 01.12.2008, complaint is partly allowed and awarded compensation.  OP No.1 has challenged the judgment in Appeal No.1717/2009 before the Hon’ble Karnataka State Consumer Disputes    Redressal   Commission,   Bengaluru,   the   same   came  to  be allowed on 10.09.2009 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 27.05.2010 and awarded compensation.  Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.2722/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru 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 common judgment on 14.12.2015 and awarded compensation.  Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.306/16 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. 7 & 8 are reported as dead and no LRs are  brought on record.  Notice served to complainant No.1 to 6, they are remained absent. Complainant No.8 filed affidavit on 02.09.2008 and examined as CW-1 and got marked documents as Ex.C-1 to Ex.C-52.  DGP appeared for Op No.3 and filed the written version. Notice served to Op No.1 & 2. OP No.2 remained absent and OP No.1 & 2 have not filed affidavit evidence.

9.       Heard, arguments on both sides.

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

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

2. Whether the complainants prove that, they are          

entitled for relief?

3. 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 has filed affidavits and reiterated contents of complaint. PW-1 has stated that, complainants are resident of  Adrakatti village of Shirahatti Taluk Dist:Gadag.  They have grown Onion, Greengram and Groundnut for the year 2005-06 in Kharif/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.

14. Ex.C-1 to Ex.C-52 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 2005-06 for Kharif/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 2005-06 and complaint filed after 2 years in the year 2008. Even complaint is barred by limitation. Complainant No.7 & 8 are reported as dead and their LRs are not brought on record. Complainant No.1 to 6 are remained absent. Inspite of service of notice and chosen to file affidavit evidence. 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 30^th  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 : Tukaram Balavantappa Marathe.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: Letter issued by Dist. Statistical department Gadag.

Ex.C-2 to 49:Form II.

Ex.C-50 to 52: 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