DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, | Behind Tahasildar Office, Basaveshwar Nagar, GADAG |
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CONSUMER COMPLAINT No.337/2008 DISPOSED ON 16th DAY OF NOVEMBER 2022 |
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BEFORE: | | | HON'BLE MR. D.Y. BASAPUR, B.Com, L.L.B(Spl.,) PRESIDENT | | HON'BLE Mr. RAJU. N. METRI, B.Com, L.L.B(Spl.,) MEMBER HON'BLE Mrs. YASHODA BHASKAR PATIL, B.Com, L.L.B(Spl.,) M.Ed., WOMAN MEMBER |
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Complainants :- | 1. 2. 3. 4. | Smt. Kalkavva D/o Veerbhadrappa Mulimani Urf Anagoudra, Age:40 Yrs, Occ:House Hold. Veerappa Pavadappa Anagoudra died by LR Balappa Veerappa Anagoudra, Jawar Balappa Hottin Age:38 Yrs, Occ:Agril. Balappa Veerappa Anagoudra, Age:46 Yrs, Occ:Agriculture, All complainants are Age:Major Occ:Agril. R/o Nidagundi Tq:Ron Dist:Gadag. (Rep. by Sri.D.R.Kulkarni, Adv.) |
V/s
Respondents :- | 1.
2. 3. | Indian Agricultural insurance company of India Ltd., Regional office (Karnataka) 1st Floor, Shankara Narayan Building 25, M.G,.Road, Bangalore-01. By its Assistant Manager. (Rep. by Sri.K.V.Kerur, Advocate) The Manager, Malaprabha Grameen Bank, Nidagundi Tq:Ron Dist:Gadag. (Rep. by Sri.N.S.Bichagatti,, Advocate) 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 of crop insurance amount with interest @ 12% p.a. Rs.25,000/- towards mental agony, financial loss and cost of the proceedings to each complainant.
1. The brief facts of the complaint are as under:
Complainants are resident of Nidagundi village of Ron Taluk Dist:Gadag. They have grown Sunflower, Greengram, Bengalgram, Jowar and Wheat for the year 2002-03 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, but OP No.1 has not settled the claim for Sunflower, Jowar and settled for Bengalgram, Wheat(RF). Inspite of repeated request to Ops, they did not settle the entire assured amount. So, Ops have committed the deficiency of service. Hence, filed this complaint.
2. In pursuance of service of notice, OP No.1 & 2 appeared through counsel and OP No.3 appeared through DGP. OP No.1 to 3 filed written version.
3. The brief facts of the 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 in Rabi season. As per the yield data furnished by the Director of Economics and Statistics, there was shortfall to the Bengalgram, and Wheat(RF), accordingly the shortfall amount deposited in the account of the complainant and as regards Sunflower and Jowar, there was no shortfall for the year 2002-03 in Rabi season. So, there is no deficiency of service committed by this OP. 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 have denied the various allegations and contended that, complainants have claimed for the loss of their crops for the Rabi season 2002-03. OP No.2 stated that, they are acting as 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.2. Hence, prays for dismissal of the complaint.
5. The brief facts of the written version filed by OP No.3 are as under:
OP No.3 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the year 2002-03 in Rabi season. Complainants are not a consumer to this OP and are only having supervising power over the other Ops. So there is no deficiency of service. Hence, prays for dismissal of the complaint.
6. After hearing, my predecessor, passed judgment on 30.09.2008 and awarded compensation. OP No.1 has challenged the judgment in Appeal No.1709/09 before the Hon’ble Karnataka State Consumer Disputes Redressal Commission, Bangalore, the same came to be allowed on 10.09.2009 and remanded for fresh disposal.
7. After receipt of the records, notices were issued to the parties. After hearing, my predecessor, again passed judgment on 23.03.2010 and awarded compensation. Being aggrieved by the judgment, OP No.1 again preferred an Appeal No.1646/10 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 30.09.2010 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.489/16 before the Hon’ble State Consumer Disputes Redressal Commission, Bangalore and the same came to be allowed on 30.09.2010 and remanded for fresh disposal.
9. After receipt of the records, notices were issued to the parties. Notices served to complainant No.1 to 4 and Ops. KVK, Adv. filed power for OP No.1. NSB, Adv. taken notice for OP No.2. DGP. filed M/A and written version for OP No.3. Complainant No.1 filed affidavit and examined as PW-1 and got marked the documents as Ex.C-1 to Ex.C-35. Ops have not chosen to file affidavit evidence and documents were marked as Ex.Op No.1 to Ex.Op-15.
10. OP No.1 filed written arguments. No argument advanced on behalf of complainants and Op No.1 inspite of sufficient time given. Counsel for Op No.2 & DGP for Op No.3 advanced the argument.
11. The points for consideration to us are as under:
- Whether the complainants prove that, there is a deficiency of service committed by the OPs?
- Whether the complainants prove that, they are
entitled for relief?
- What Order?
12. 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
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 Nidagundi village of Ron Taluk Dist:Gadag. They have grown Sunflower, Greengram, Bengalgram, Jowar and Wheat for the year 2002-03 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, but OP No.1 has not settled the claim for Sunflower, Jowar and settled for Bengalgram, Wheat(RF). Inspite of repeated request to Ops, they did not settle the entire assured amount. So, Ops have committed the deficiency of service. Ex.C-1 to Ex.35 RTCs and other documents are documents not disputed by the Ops. Ex.OP No.1 to Ex.OP-14 issued by Op No.2 Nodal Bank reveal that, complainants paid the premium amount for above crops.
15. OP No.1 specifically stated that, OP No.1 denied the various allegations and contended that, complainants have claimed for the loss of their crops during the year 2002-03 in Rabi season. As per the yield data furnished by the Director of Economics and Statistics, there was shortfall to the Bengalgram, and Wheat(RF), accordingly the shortfall amount deposited in the account of the complainant and as regards Sunflower and Jowar, there was no shortfall for the year 2002-03 in Rabi season. So, there is no deficiency of service committed by this OP. Where there was shortfall in yield, they have already settled all the eligible claims during the Rabi season, as per declaration received by this OP No.1 from OP No.2. Where there is no shortfall in yield, they have not entitled any insurance amount. On perusal of the complaint the complainants themselves have admitted they have received the insurance amount as per the shortfall declared by the Economic and Statistical Department for the crops of Bengalgram, Wheat(RF) crops. For crop of Sunflower Assessed yield is 226 and Threshold yield is 178 and for Jowar crop Assessed yield is 605 and Threshold yield is 272. So, Assessed yield is more than Threshold yield. Hence, the complainants are not entitled the claim crop of Sunflower and Wheat (RF)
16. Complainants claiming compensation for the loss of crops for the year 2003-04 and complaint filed after 4 years in the year 2008. Mere allegation made in the complaint without producing documentary evidence to show that there is a shortfall and not settled the claim, complainants are not entitled the relief. 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 16th 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: Smt. Kalkavva D/o Veerbhadrappa Mulimani Urf Anagoudra DOCUMENTS ON BEHALF OF COMPLAINANT/S
Ex.C-1 : Bank receipt.
Ex.C-2: Form No.8A.
Ex.C-3 : Certificate issued by village accountant.
Ex.C-4 : Form No.8A.
Ex.C-5: Bank receipt.
Ex.C-6 : Certificate issued by village accountant.
Ex.C-7:Bank receipt.
Ex.C-8: Form No.24.
Ex.C-9: Form No.8A
Ex.C-10 & 11: Certificate issued by village accountant.
Ex.C-12: Bank receipt.
Ex.C-13: Form No.8A
Ex.C-14: Certificate issued by village accountant.
Ex.C-15 to 29:RTCs
Ex.C-30 & 31:Professional courier receipts.
Ex.C-32: Legal notice.
Ex.C-33 to 35 : Proposal forms.
EVIDENCE ON BEHALF OF OPs:
NIL
DOCUMENTS ON BEHALF OF OPs:
Ex.OP-1: Certificate issued by village accountant.
Ex.OP-2 & 3 :Proposal forms.
Ex.OP-4: Certificate issued by village accountant.
Ex.OP-5: Proposal form.
Ex.OP-6 to 8: Certificate issued by village accountant.
Ex.OP-9 to 12: Proposal forms.
Ex.OP-13: Certificate issued by village accountant.
Ex.OP-14: Proposal form.
Ex.OP-15: 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
