Complainant/s:            Neelakanthayya S/o Virupakshayya Vastrad, Age: 54 Years, Occ: Agriculture, R/o Kuradagi, Ron: Taluk  District: Gadag.

                                            (Rep. by Sri.P.S. Dharmayat, Advocate)   

V/s

JUDGEMENT DELIVERED BY SRI. D.Y. BASAPUR,  PRESIDENT

                The complainant has filed the complaint U/Sec.35(1)(a)(i) & (ii) of the C.P. Act, 2019, for the loss of crop with interest @ 18%, compensation of Rs.1,00,000/- towards mental agony and cost.

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

       The complainant had sowed Greengram crop in 2017-18 in his land bearing Sy.No.211/1A+B+2A+B/1 measuring 03-02 Acres situated at Kuradagi village of Naregal Hobli, Ron Taluk and insured the same with OP No.1 for the yield and paid the total premium amount of Rs.691-21 in 2017-18 Khariff season under PMFBY for a sum assured Rs.34,560-40.  It is further submitted that, the crop failed completely, due to shortfall of rain and the said area was declared as drought hit area. On enquiry with the Manager, OP No.3 Bank, he came to know that, Rs.25,088/-  has been credited to the account of OP No.5 Rajashekar Mallappa Banigol.  It is further stated that, in the proposal form through oversight, Savings A/c No.695260078774 is wrongly mentioned instead of his Savings A/c No.695260078297.  Complainant is the beneficiary under the scheme.  The said mistake of his is an incidental, but not a deliberate one.  The complainant asked the OP No.5 to settle down the said matter with the elderly persons of the village and to return the said amount but, was of no use.  Hence, OP No.5 is subsequently impleaded as a party to the proceedings.  OPs have practiced an unfair trade practice.  The pervert and negligent acts of the OPs, he suffered mental agony and harassment.  Hence, filed the complaint.

              3.   After admitting the complaint, notice was issued to the OPs.  OP No.1 appeared through counsel and filed written version.  OP No.2 appeared through DGP, OP No.3 appeared in person and OP No.4 and 5 remained absent.  OP No.2 to 5 have not filed written versions.

              4.   The brief facts of the Written Version filed by OP No.1 are as under:

               OP No.1 denied the various allegations in the complaint and contended that, the claim has already been paid for the purpose of litigation of the losses suffered by the complainant as per the data provided on the Samrakshana Portal.  Hence, prays for dismissal of the complaint.

           5.  To prove the case, complainant filed his evidence on affidavit on 05.12.2020 and 04.06.2022 and was examined as PW-1 and got marked documents as Ex.C-1 to C-22.  One Sri. Gutteppa on behalf of OP No.1 filed evidence on affidavit, who was examined as RW-1 and got marked documents as Ex.OP-1 to Ex.OP-5.

           6.   Heard the arguments on both the side. 

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

1. Whether the complainant has proves that, OP     No.1 to 4 have committed deficiency in           service?
2. Whether the complainant proves that, through    oversight Bank account number of OP No.5 is          wrongly mentioned in the proposal form?
3. What Order?

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

               Point No. 1:  Negative.

               Point No. 2:  Affirmative

               Point No. 3:  As per the final Order

          REASONS

           9.      Point No.1 & 2:- The points are taken together to avoid the repetition of facts. The learned counsel for the complainant argued that, even though OPs settled the claim amount but, it was wrongly credited in the name of OP No.5.   The learned counsel for OP No.1 argued that, there is no deficiency of service as they have already settled the claim to the savings Bank account as mentioned in the proposal form. 

          10.     On perusal of the materials placed before us, PW-1 has filed the affidavits and reiterated the contents of the complaint.  PW-1 has stated that, he had sowed Greengram crop in 2017-18 in his land bearing Sy.No.211/1A+B+2A+B/1 measuring 03-02 Acres situated at Kuradagi village of Naregal Hobli, Ron Taluk and insured the same with OP No.1 for the yield and paid the total premium amount of Rs.691-21 in 2017-18 Khariff season under PMFBY for a sum assured amount of Rs.34,560-40.  It is further submitted that, the crop failed completely, due to shortfall of rain and the said area was declared as drought hit area. On enquiry with the Manager, OP No.3 Bank, he came to know that, Rs.25,088/-  has been credited into the account of OP No.5 Rajashekar Mallappa Banigol.  It is further stated that, in the proposal form through oversight, Savings A/c No.695260078774 is wrongly mentioned instead of his Savings A/c No.695260078297.  Complainant is the beneficiary under the scheme.  The said mistake of his is an incidental, but not a deliberate one.  The complainant asked the OP No.5 to settle down the said matter with the elderly persons of the village to return the said amount but, was of no use.  Hence, OP No.5 is subsequently impleaded as a party to the proceedings.  The documents of complainant Ex.C-1 to 22 are not disputed by the OPs.  As per the documents, there is a shortfall. 

          11.     Per-contra, RW-1 has filed the affidavit and reiterated the contents of the written version.  Even though RW-1 denied the contents of the complaint in written version but, admitted in his affidavit that, there is a shortfall and already settled the claim a sum of Rs.25,088/- under UTR No.BARBC18163307788 on 12.06.2018.  Ex.OP-1 is shortfall percentage report reveals that, there is a shortfall.  Ex.OP-3, the letter issued by the Joint Director of Agriculture, Ex.OP-4, the shortfall details for the year 2017-18 and Ex.OP-5 is the claim settled details reveal that, already OPs have settled the claim amount.  It is crystal clear that, there is no deficiency of service by the OPs No.1 to 4. 

          12.     It is pertinent to note here that, OPs have settled the matter and credited the amount to the complainant but, through oversight complainant has wrongly mentioned the account number of OP No.5 instead of his Bank account in the proposal form.  Accordingly, claim amount has been credited to the account of OP No.5.  Ex.C-22, the letter issued by OP No.4 KCC Bank reveals that, as per proposal form Bank account number is mentioned as 695260078774, the claim amount has been credited to the said account.  But, the said account pertains to one Rajashekar Mallappa Banigol.  Bank requested the said Rajashekar Mallappa Banigol to transfer the said amount to present complainant but, he refused to pay the amount.  OP No.4 Bank made efforts to transfer the amount from OP No.5 to complainant but, he did not heed to the request.  The Pass Book enclosed along with Ex.C-22 of complainant reveals that, account number of complainant is 695260078297.  Another Xerox copy  Pass Book of OP No.5 enclosed along with Ex.C-22 by the Bank reveals that, account number of OP No.5 is 695260078774.  The said Pass Book reveals that, on 12.06.2018, Rs.25,088/- has been credited to the account of OP No.5 through NEFT.  For the above, complainant has proved that, through oversight, he has wrongly mentioned the account number of OP No.5 in the proposal form.  Accordingly, OP No.4 credited the claim amount.  PW-1 has stated that, OP No.5 did not heed to his request in spite of repeated requests and also through elderly persons of the village.  Moreover, OP No.5 has  not appeared before this Commission, in spite of service of summons.  So, the case of the complainant against OP No.5 remains unchallenged and there is no reason to disbelieve the version of the complainant.  OP No.5 has not appeared before this Commission and stated his defense.  So, complainant has proved that, he is entitled for the claim amount which has been wrongly credited to the account of OP No.5 with interest at the rate of 6% p.a from the date the amount is credited to his account on 12.06.2018 till realization.   Complainant is claiming mental agony and cost of the complaint but, he is not entitled for the same, as no deficiency or fault is committed by the OPs No.1 to 4.  Moreover, due to wrong account mentioned  by the complainant himself, the claim amount has been credited in the name of OP No.5 for no fault of OP No.5.  However, it is the bounden duty of the OP No.5 to return the said amount to complainant and the OP No.5 is not entitled to take advantage of the bonafide mistake committed by the complainant.  Doctrine of equity is that whatever has been done under a mistake has to be repaired.  Accordingly, we answer Point No.1 in the negative and Point No.2 in the affirmative. 

          13.     Point No.3:-In the result, we pass the following: 

 //O R D E R//

The complaint filed U/Sec.35(1)(a)(i) and (ii) of the Consumer Protection Act, 2019 is partly allowed against OP No.5 and complaint against OP No.2 to 4 is dismissed.

Complainant is entitled for a sum of Rs.25,088/- with interest at the rate of 6% p.a from 12.06.2018 till realization from OP No.5.

No order for mental agony and costs of the proceedings.

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 us in the Open Court on this 1^st day of July-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:Neelakanthayya Virupakshayya Vastrad.

DOCUMENTS ON BEHALF OF COMPLAINANT/S

Ex.C-1: View Proposal

Ex.C-2: Legal Notice

Ex.C-3 to 6: Postal Receipts

Ex.C-7 to 10: Postal Acknowledgements

Ex.C-11:Letter by District Statistical Department,Gadag dated 20.11.19

Ex.C-12 to 15: CCE reports

Ex.C-16: Proposal Form

Ex.C-17:RTC

Ex.C-18:Aadhar Card

Ex.C-19:Voter ID

Ex.C-20:View Proposal

Ex.C-21:Letter by complainant to KCC Bank

Ex.C-22:Letter by KCC Bank to Joint Director of Agriculture, Gadag 

EVIDENCE ON BEHALF OF OPs:

RW-1:Gutteppa

DOCUMENTS ON BEHALF OF OPs:

Ex.OP-1 & 2: Shortfall percentage reports

Ex.OP-3:  Letter from JDA, Gadag dated 29.03.2022.

Ex.OP-4: 2017-18 Khariff – TY and shortfall details

Ex.OP-5: Claim settled details.

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

        MEMBER                 PRESIDENT              WOMAN MEMBER