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 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 Alur village of Mundaragi Taluk Dist:Gadag.  They have grown Groundnut for the year 2005-06 in Kharif 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 issuance of notice, OP No.1 appeared through counsel, OP No.2 appeared through DGP and Op No.3 remained absent. Op No.1 & 2 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 Groundnut  during the year 2005-06 for Kharif 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.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 Kharif 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 19.03.2009, complaint is partly allowed and awarded compensation.  OP No.1 has challenged the judgment in Appeal No.2148/2009 before the Hon’ble Karnataka State Consumer Disputes    Redressal   Commission,   Bangalore,   the   same   came  to  be allowed on 16.09.2010 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 30.12.2015 and awarded compensation.  Being aggrieved by the judgment, OP No.1 again preferred an appeal in Appeal No.389/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 03.02.2020 and remanded for fresh disposal.

          7. After receipt of the records, notice issued to the parties. Complainant. No.6 to 9, 13 to 15 are reported as dead, no LRs are brought on record.  Notice served to complainant No.2 to 5 ,10 to 12, 16 to 18. Complainant No.1 to 5,10,11,12, 16 and 18 filed affidavit and examined as PW-1 to PW-10  and got marked documents as Ex.C-1 to Ex.C-37. Notice served to OP-1 to 3. DGP appeared for Op No.2 and filed the written version. OP No.1 filed affidavit and examined asvRW-1 and got marked documents as Ex.OP-1 to Ex.OP-7. OP No.1 filed written arguments on 22.12.2011. OP No.3 is remained absent and not chosen to file affidavit evidence.

8.       Head, arguments on both sides.

          9.       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?

      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, case remanded for fresh disposal with a direction take affidavit evidence of all complainants. PW-1 to PW-10 filed affidavit and reiterated contents of complaint. PW-1 to  PW-10 have stated that, complainants are resident of Alur village of Mundaragi Taluk Dist:Gadag.  They have grown Groundnut for the year 2005-06 in Kharif 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. 

13. RW-1 has filed affidavit and reiterated the written version filed byOP No.1. RW-1 has stated that, as per data furnished by statistical department, there was no shortfall. Hence, the question of settled the claim does not arise and no deficiency of service committed by OP No.1.

14. Ex.C-1 to Ex.C-37  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. Ex.OP-1 to Ex.OP-7  reveals that OPs adopted the crop cutting experiments and submitted the data.  In the written version filed by Op No.1 shown the threshold yield, assessed yield and shortfall. For the year 2005-06 for Kharif 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 3 years in the year 2008. Even complaint is barred by limitation. Complainant No.6 to 9, 13 to 15 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, 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, transcribed by him, corrected and then pronounced by me in the Open Court on this 7^th  day of September- 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 : Bheemacharaya Anantacharya Alur.

PW-2 : Channappa Shivappa Sanshi.

PW-3 : Bheema Lakshamppa Jangannavar

PW-4 : Shiddappa Basappa Hyati

PW-5 :Basappa Mallappa Kadlikoppa

PW-6 :Basangouda Chanabasangouda Karigoudar

PW-7 : Halappa Hanamappa Harti

PW-8: Hanamappa Lakshamappa Harti

PW-9 :Basavva W/o Bheemappa Kabberalli

PW-10: Basappa Shivappa Sanshi.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: D.C.Gadag circular dtd:07.10.2006.

Ex.C-2 to 6: Proposal forms.     

Ex.C-7 : Crop certificate issued by village accountant.

Ex.C-8 : Form No.8 A

Ex.C-9 & 10 :RTCs

Ex.C-11to 22: Proposal Forms.

Ex.C-23 : Letter from Dist. Statistical department dtd:03.10.2012.

Ex.C-24 to 37: Form-II.

EVIDENCE ON BEHALF OF OPs:

 RW-1 : Praveen Kumar B.R.

DOCUMENTS ON BEHALF OF OPs:

Ex.R-1 : Scheme & Guidelines.

Ex.R-2 : Instructions to Nodal Banks.

Ex.R-3 : Kharif 2005 Nodal Bankwise Claims.

Ex.R-4 : Statement showing yeariwse assessed yield (in KGS/Hect) for the Hoblis proposed for

             Notification under RKBY for 2004-05.

Ex.R-5 : Assessed yield 2004-05.

Ex.R-6 : Letter from Director to the Regional Manager Agriculture Insurance Company of India

             Ltd., Bangalore Dtd:03.03.2006.

Ex.R-7 : Details of past 3 years assessed yield data-District/Taluka/Hoble wise.

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

              MEMBER                  PRESIDENT            WOMAN MEMBER