DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT NO.108/2008 DISPOSED ON 25th DAY OF AUGUST 2022 |
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BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) 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. | Yallappagouda S/o Gurunagouda Hiregoudar, Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Veerangouda S/o Gurunagouda Hiregoudar, Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Shivappa S/o Bheemappa Koppad (Dead). Shankrappa S/o Irappa Naragund Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Hanamappa S/o Balappa Kushtagi (Dead) Somalingappa S/o Hanamappa Kushtagi Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Smt. Iravva W/o Hanamappa Kushtagi (Dead) Mallappa S/o Giriyappa Arali (Dead) Irappa S/o Bheemappa Pavadashetti Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Smt. Savantrevva W/o Hanamappa Hugar. (Dead) Naganagouda S/o Andandgouda Bhramgouda, Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Shekhappa S/o Bheemappa Sunkad Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Irappa S/o Shivalingappa Narayavar Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Andangouda S/o Ramanagouda Bharmgoudar,Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Jakkappa S/o Neelappa Purad (Dead) Shankrappa S/o Neelappa Kollad Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Basappa S/o Andappa Kambi (Dead) Ningangouda S/o Basangouda Kenchangoudar. (Dead) Devendragouda Veerappa Kambi Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Mahabaleshwarappa S/o Ishwrappa Shirol, Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag. Mallikarjun S/o Shanamukhappa Konnur, Age:Major Occ:Agril. R/o Mallapur Tq:Ron Dist:Gadag Shivappa S/o Ningappa Pavadashetti (Dead) Rep. by Sri.B.V.Neeraloti, Adv.) |
V/s
Respondents :- | 1.
2. 3. 4. | 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 Manager, Vyavasaya Seva Sahakari Bank, R/o: Mallapur, Tq: Ron Dist: Gadag. (Absent) K.C.C.Bank, Ron 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. 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 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 Mallapur village of Ron Taluk Dist:Gadag. They have grown Sunflower for the year 2003-04 in 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.4 appeared through DGP and Op No.2 & 3 remained absent. Op No.1 & 4 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 Sunflower during the year 2003-04 for 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.4 are as under:
OP No.4 denied the various allegations and contended that, complainants have claimed for the loss of their crop during the Rabi season 2003-04. 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 24.06.2008, complaint is partly allowed and awarded compensation. OP No.1 has challenged the judgment in Appeal before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bengaluru, the same came to be dismissed. OP No.1 preferred R.P.No.1787/09 before Hon’ble the National Commission, 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 common judgment on 23.03.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.2348/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bengaluru and the same came to be allowed on 13.12.2010 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.289/16 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. 3,5,7,8,10,15,17,18 and 22 are reported as dead and LRs are not brought on record. Notice served to Complainant No.4,6,11, 12, 16, 19,20 and 21 and they are present.But not chosen to file affidavit. Notice served to Complainant No.1 to 9,13,14 they are remained absent. Complainant No.2, 4, 6, 11, 12, 16, 20 and 21 field their affidavits and examined as PW-1 to 8 and got marked documents as Ex.C-1 to
Ex.C-89. DGP appeared for Op No.4 and filed the written version. Notice served to Op No. 2 and 3 they are remained absent and not chosen to file their affidavit evidence.
9. No argument advanced on both side, as no presentation made out.
10. 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 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-8 filed affidavits and reiterated contents of complaint. PW-1 to PW-8 have stated that, complainants are resident of Mallapur village of Ron Taluk Dist:Gadag. They have grown Sunflower for the year 2003-04 in 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-89 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.. So, there is no shortfall for the year 2003-04 of Sunflower for Rabi season.
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 2003-04 and complaint filed after 4 years in the year 2008. Even complaint is barred by limitation. 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, 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 the 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 25th 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 : Veerangouda Gurangouda Hiregoudar
PW-2 : Shankrappa S/o Irappa Naragund
PW-3 :Somalingappa S/o Hanamappa Kustagi
PW-4 : Nagangouda S/o Andangouda Bharmgoudar
PW-5 : Shekhappa S/o Bheemappa Sunkad
PW-6 : Shankrappa S/o Neelappa Kollad
PW-7 : Mahabaleshwarappa S/o Ishwarappa Shirol
PW-8 : Mallikarjun S/o Shanmukhappa Konnur
DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : Legal notice.
Ex.C-2: V.S.S. Bank Mallapur Premium paid list all the parties.
Ex.C-3: The Govt. Karnataka circular.
Ex.C-4 to 22 : RTC’s
Ex.C-23 : Form No.8 A.
Ex.C-24 : Crop certificate issued by village accountant.
Ex.C-25: Proposal form.
Ex.C-26 & 27 : Crop certificate issued by village accountant.
Ex.C-28 : Proposal form.
Ex.C-29 : Form No.8 A.
Ex.C-30 : Crop certificate issued by village accountant.
Ex.C-31: Proposal form.
Ex.C-32 : Crop certificate issued by village accountant.
Ex.C-33 : Proposal form.
Ex.C-34 : Crop certificate issued by village accountant.
Ex.C-35 : Proposal form.
Ex.C-36 : Crop certificate issued by village accountant.
Ex.C-37 : Proposal form.
Ex.C-38 : Form No.8A
Ex.C-39: Crop certificate issued by village accountant.
Ex.C-40 : Proposal form.
Ex.C-41 : Form No.8A
Ex.C-42 : Crop certificate issued by village accountant.
Ex.C-43 : Proposal form.
Ex.C-44 : Form No.8A
Ex.C-45 : Crop certificate issued by village accountant.
Ex.C-46 :Proposal form.
Ex.C-47 : Form No.8A
Ex.C-48 : Crop certificate issued by village accountant.
Ex.C-49 :Proposal form.
Ex.C-50 : Form No.24 A.
Ex.C-51 : Crop certificate issued by village accountant.
Ex.C-52 : Proposal form.
Ex.C-53 : Form No.8A
Ex.C-54 : Crop certificate issued by village accountant.
Ex.C-55 : Proposal form.
Ex.C-56 : Form No.8 A.
Ex.C-57 : Crop certificate issued by village accountant.
Ex.C-58 :Proposal form.
Ex.C-59 :Form No.24.
Ex.C-60: Crop certificate issued by village accountant.
Ex.C-61 : Proposal form.
Ex.C-62 : Form No.24.
Ex.C-63 : Crop certificate issued by village accountant.
Ex.C-64 : Proposal form.
Ex.C-65 :Form No.24.
Ex.C-66 :Crop certificate issued by village accountant.
Ex.C-67 :Proposal form.
Ex.C-68 :Form No.24.
Ex.C-69 :Crop certificate issued by village accountant.
Ex.C-70 :Proposal form.
Ex.C-71 :Form No.8 A.
Ex.C-72 :Crop certificate issued by village accountant.
Ex.C-73 :Proposal form.
Ex.C-74 :Form No.8 A.
Ex.C-75 :Crop certificate issued by village accountant.
Ex.C-76 :Proposal form.
Ex.C-77 :Form No.24.
Ex.C-78 : Crop certificate issued by village accountant.
Ex.C-79 :Proposal form.
Ex.C-80 :Form No.24.
Ex.C-81: Crop certificate issued by village accountant.
Ex.C-82: Proposal form.
Ex.C-83 :Form No.8A.
Ex.C-84 :Crop certificate issued by village accountant.
Ex.C-85 :Proposal form.
Ex.C-86 :Letter from Dist. Statistical Department, Gadag dtd:20.10.2012.
Ex.C-87 :Letter from Agricultural department dtd:03.11.2009.
Ex.C-88:Letter from Directorate of Economics & Statistics, Bangalore dtd:25.05.2004.
Ex.C-89 :Rashtriya Krishi Bima Yojana – Assessed Yield in Kgs/Hect. For 2003-04.
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
