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 @ 18% p.a. mental agony and financial loss and cost of the complaint.

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

          Complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag.  They have grown Sunflower for the year 2002-03 in Rabi season and paid the premium amount as shown in the schedule through OP No.4. 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 & 4 appeared through counsel, OP No.2 appeared through DGP.  OP No.1, 2 & 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 crops  during the year 2002-03 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.4 are as under:

          OP No.4 has denied the various allegations and contended that, complainants have claimed for the loss of their crops during the Rabi season 2002-03.  OP No.4 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 from complainants and submitted to OP No.1.  They are not responsible and there is no deficiency of service committed by OP No.4. Hence, prays for dismissal of the complaint.

          6.  After hearing, my predecessor passed common judgment on 14.12.2006, complaint is partly allowed and awarded compensation.  OP No.1 has challenged the judgment in Appeal No.377/2007 before the Hon’ble Karnataka State Consumer Disputes    Redressal   Commission,   Bangalore,   the   same   came  to  be dismissed on 03.05.2007.  Op No.1 preferred R.P No.2804/07 before Hon’ble National Commission, and same came to be allowed and remanded for fresh disposal.

          7.       After receipt of the records, notice was 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 No.2607/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 28.10.2010 and 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 14.01.2016 and awarded compensation.  Being aggrieved by the judgment, OP No.1 again preferred an Appeal No.496/16 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, notice issued to the parties. Complainant No.1 is dead his LRs are brought on record.  Notice served to complainant No.2 who is called out absent.  Notice of complainant No.4,6,8 and 10 endorsed as dead and no LRs brought on record.  Complainant No.1,5, 7 & 3 are filed affidavit and examined as PW-1 to PW-4 and got marked documents as Ex.C-1 to Ex.C-34.  DGP  appeared for  OP No.2 and filed written version. Notice served to OP No.1, 3 & 4 they are remained absent and not  chosen to file affidavit evidence.

10.     OP No.1 filed written arguments. No argument advanced on both side inspite of sufficient time given.

          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 to PW-4 have filed affidavit and reiterated contents of complaint. PW-1 to PW-4 have  stated that, complainants are resident of Abbigeri village of Ron Taluk Dist:Gadag.  They have grown Sunflower for the year 2002-03 in Rabi season and paid the premium amount as shown in the schedule through OP No.4. 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.34 are Khate Utare, Certificate issued by village accountant, Proposal forms and other  documents not disputed by the Ops. 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 and Annual crops Year 2002-03 of  Naregal Hobli for Sunflower (RF),  during the year 2002-03 issued by Directorate of Economics statistics dtd:23.07.2003, which is marked as Ex.Op-3 in CC No.203/06, it reveals that,  Assessed  yield is mentioned as 226.  In written version Threshold yield is mentioned as 178.  So, Assessed yield is more than threshold yield. Therefore, there is no shortfall for the Rabi season of Sunflower during the year 2002-03.

          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 14th  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 : Sharnayya Shambhayya Vastrad

PW-2: Jagadish Urf Sunil Govindraj Giraddi

PW-3 : Veeranna Shivappa Shirol

PW-4 : Sannakallappa Bhudappa Venkannavar

COMPLAINANT/S

Ex.C-1 to 4: Form No.24

Ex.C- 5 & 6 : Form No.8A

Ex.C 7 & 8: Form No.24.

Ex.C- 9: Forms No.8 A

Ex.C-10:Form No.24.

Ex.C-11 to 20: Certificates issued by Village accountant.

Ex.C-21 to 30: Proposal forms.

Ex.C-31 : Kharif 2002-03 Govt. Order.

Ex.C-32: Letter from Dist. Statistical Officer, Gadag Dtd:24.09.2009.

Ex.C-33 : D.C.Order Gadag dtd:07.06.2003.

EVIDENCE ON BEHALF OF OPs:

   -NIL-

DOCUMENTS ON BEHALF OF OPs:

Ex.OP-1:  Letter from Dist. Statistical Officer, Gadag dtd:11.06.2009.

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

              MEMBER                  PRESIDENT            WOMAN MEMBER