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 of crop insurance amount with interest and cost of the complaint to each complainant.

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

          Complainants are resident of Huilgol village of Gadag Taluk Dist:Gadag.  They have grown Wheat, Bengalgram and Jowar for the year 2004-05 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 & 3 appeared through counsel, OP No.2 appeared through DGP.  Op No.1 to 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 crops  during the year 2004-05 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, the  complainants are not a consumer, as 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.  The brief facts of  written version filed by OP No.3 are as under:

          OP No.3 has denied the various allegations and contended that, complainants have claimed for the loss of their crops during the Rabi season 2004-05.  OP No.3 stated that, they are acting as a collecting agent and mediator between the complainants and OP No.1, they have received the proposal forms, premium amount and submitted to OP No.1.  They are not responsible and there is no deficiency of service committed by OP No.3. Hence, prays for dismissal of the complaint.

          6.  After hearing, my predecessor passed common judgment on 21.04.2008, 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,   Bangalore,   the   same   came  to  be dismissed. Op No.1 preferred R.P No.1604/09 before Hon’ble National Commission, and same came to be allowed on 25.05.2009 and remanded for fresh disposal.

          7.       After receipt of the records, notices were 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 has again preferred an Appeal No.2334/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 13.12.2010 and was remanded for fresh disposal.

          8.       After receipt of the records, notices were issued to the parties.  After hearing, my predecessor, again passed common judgment on 06.01.2016 and awarded compensation.  Being aggrieved by the judgment, OP No.1 has again preferred an Appeal No.488/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 03.02.2020 and was remanded for fresh disposal.

          9. After receipt of the records, notices were issued to the parties. Complainant. No.2 is reported as dead, no  LRs are brought on record. Notice served to complainant No.1, 3 to 7 and OP No.1 to 3. Complainant No.3 filed affidavit and examined as PW-1 and got marked documents as Ex.C-1 to Ex.C-53.  DGP filed M/A and written version for OP No.2. OP No.3 filed written version.  CVH, Adv. filed power for complainant No.1, 3 to 7. Op No.1 & 2 have not chosen to file affidavit evidence.

          10.     Heard, arguments on both sides.

          11.     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 prove that, they are          

entitled for relief?

3. What Order?

       12.   Our findings on the above points are as under:

              Point No. 1:  In the negative.

              Point No. 2:  In the 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 affidavit evidence of all complainants. PW-1 has   filed affidavit and reiterated contents of complaint. PW-1 has  stated that, Complainants are resident of Huilgol village of Gadag Taluk Dist:Gadag.  They have grown Wheat, Bengalgram and Jowar for the year 2004-05 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. 

15. Ex.C-1 to Ex.C-53 are documents not disputed by the Ops. Ex.C-53 issued by Statistical Department to counsel for complainants reveals that, no documents available in the office and applications submitted to Director of Statistical Department Bengaluru. Merely, Statistical Department issued a letter as no documents available for the year 2004-05 is not ground to allow the complaint, as Op No.1 produced the relevant documents.  In written version OP No.1 specifically stated that, there was no shortfall as per the yield data furnished by the Director of Economics and Statistics and there is no deficiency of service committed by the OP No.1. As per assessed yield in respect of Rabi season of Betageri Hobli for Wheat (RF) Threshold yield is 119 KG/per Hect. and Assessed yield is 323 KG/Per Hect., for Bengalgram Threshold yield is 170 KG/per Hect. and Assessed yield is 405 KG/Per Hect.  and Jowar (RF)  Threshold yield is 239 KG/per Hect. and Assessed yield is 559 KG/Per Hect.  during the year 2004-05 issued by statistical department of Betageri Hobli, in all the above crops Assessed yield is more than Threshold yield.  Ex.Op-1 claims details for Rabi-2004-05 season, Ex.Op-2 & 3 crop cutting experiment letter issued by Director of Economics and Statistics department clearly goes to show that, for Bengalram(RF),  Threshold yield is 170 and Assessed yield is 405, for Jowar (RF),  Threshold yield is 239 and Assessed yield is 559, and for Wheat(RF) Threshold yield is 119 and Assessed yield is 323. Therefore, there is no shortfall for the Rabi season for the crops of Wheat, Bengalgram and Jowar during the year 2004-05.

          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, directly on computer, corrected and then pronounced by me in the Open Court on this 15^th  day of November - 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 : Shambhulingappa Veerappa Halakeri

COMPLAINANT/S

Ex.C-1: Postal receipt

Ex.C-2 : Postal acknowledgment.

Ex.C-3 : Legal notice.

Ex.C-4 to 10: Bank receipts.

Ex.C-11 to 17: Crop certificates issued by village accountant.

Ex.C-18 to 38 :Proposal forms.

Ex.C-39 to 52:RTCs

Ex.C-53: Letter from Dist. Statistical Officer, Gadag.

EVIDENCE ON BEHALF OF OPs:

   -NIL-

DOCUMENTS ON BEHALF OF OPs:

Ex.OP-1:  Threshold and Assessed yield details.

Ex.OP-2 & 3 : Letters from Dist. Statistical officer, Gadag.

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

              MEMBER                  PRESIDENT            WOMAN MEMBER