Karnataka

Chitradurga

CC/52/2018

Kumaraswamy S/o Veerappa - Complainant(s)

Versus

The Manager,Pragathi Krishna Gramina Bank - Opp.Party(s)

Sri.D.G.Gundegowda

13 Jun 2019

ORDER

COMPLAINT FILED ON :16/05/2018          DISPOSED ON:13/06/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

C.C No.52/2018 DATED:13th JUNE 2019

PRESENT :-         SRI.T.N.SREENIVASAIAH      :   PRESIDENT                                                     B.A., LL.B.,

SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,         :     LADY MEMBER

                             SRI. SHIVAKUMAR.K.N         :     MEMBER

                                      M.Com., LL.B.,

COMPLAINANT/S	J. Kumaraswamy, S/o Veerappa, Aged about 50 years, Agriculturist, R/o Junjaragunte Village, Parashuramapura Hobli, Challakere Taluk, Chitradurga District.    (Rep by Smt/Sri. D.G. Gundegowda,  Advocate)
V/s
OPPOSITE PARTY	The Manager, Pragathi Krishna Gramina Bank, Parashurampura Village, Hiriyur Taluk. Chitradurga District.   (Rep by Smt/Sri. Sri.C.S. Kireeti Shetty, Advocate)

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainants in all the cases have been filed the above complaints U/s 12 of C.P. Act 1986 against the opposite parties to direct the OPs to pay insurance amount of Rs.2,50,000/- towards crop insurance amount with interest, compensation of Rs.50,000/- towards mental agony, torture, harassment and to grant such other reliefs.

2.     Brief facts of the complaint is that, the complainant is having agricultural land measuring 03-acres 07-guntas in sy.No.7/1P2 and 7-acres in sy.No.7/1P2 situated at Thimmanahalli village, Parashurampura Hobli, Challakere.  Complainant is having an A/c with the OP Bank bearing No.10779131002713.  The complainant is sowing the ground nut crop every year in the month of May-June.  It is further submitted that, the complainant is borrowing KCC loan from the OP Bank and refunding the same with accrued interest.  The OP has received crop insurance premium amount at the time of sanctioning the loan in the year 2017.  The ground nut crop sown in the land of complainant was failed due to many reasons, especially due to shortfall of rain.  Therefore, the complainant is entitled to get the crop insurance amount, but due to negligent act of the OP, he could not get the crop insurance amount, which is a deficiency of service on the part of OP.  The complainant approached the OP in the month of September 2017 asking to pay the insurance amount, but it went in vain.  It is the bounden duty of the OP to pay the insurance amount to the complainant.  The cause of action for this complaint arose when the OP neglected and failed to send the crop insurance amount to the complainant, which is within the jurisdiction of this Forum.  Hence, prayed for allow the complaint. 

 

3.     After issuance of the notice to the OP, OP appeared through Sri.C.S. Kireeti Shetty, Advocate and filed version denying all the allegations made in the complaint.  It is submitted that, on the application given by the complainant to cover the insurance for ground nut crop, an amount of Rs.3,705-93 has been debited from the account of the complainant on 08.08.2017 and on that day itself, the same has been sent to Universal Sompo General Insurance Co. Ltd., under PMFBY along with the premium of other seven members totally Rs.21,235-91 by the OP and the same has been credited to the account of Universal Sompo General Insurance Co. Ltd., the same is with the knowledge of the complainant.  Therefore, the above said insurance company is the proper and necessary party to this proceeding.  Without impleading the insurance company as a necessary party, the complaint itself is not maintainable and the same is liable to be dismissed.     

4. Complainant has examined as PW-1 by filing affidavit evidence and relied on Ex.A-1 to A-9.  OP has examined one Sri. Vijay Kumar. B.M, the Manager and PA Holder of OP as DW-1 and relied on Ex.B-1 to 4 documents and closed their side.

5. Heard the arguments.

6.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OP has send the proposal form to the insurance company in time and liable to pay the crop insurance under PMBFY and entitled for the reliefs as prayed in all the complaints?

 

Point No.2:- What order?

 

 

        7. Our findings on the above points are as follows.

 

                Point No.1:- In Negative.

                Point No.2:- As per the final order.

::REASONS::

8. Point No. 1:-It is not in dispute that the complainant is the absolute owner of land measuring 03-acres 07-guntas in sy.No.7/1P2 and 7-acres in sy.No.7/1P2 situated at Thimmanahalli village, Parashurampura Hobli, Challakere and he is having an A/c with the OP Bank bearing No.10779131002713.  The complainant is sowing the ground nut crop every year in the month of May-June.  The complainant is borrowing KCC loan from the OP Bank and refunding the same with accrued interest every year.  The OP has received crop insurance premium amount at the time of sanctioning the loan in the year 2017 for the ground nut crop.  The same was failed due to many reasons, especially due to shortfall of rain, therefore, the complainant is entitled to get the crop insurance amount.  The complainant approached the OP in the month of September 2017 asking to pay the insurance amount, but it went in vain.  The Advocate for the OP argued that, on the application given by the complainant to cover the insurance for ground nut crop, an amount of Rs.3,705-93 has been debited from the account of the complainant on 08.08.2017 and on that day itself, the same has been sent to Universal Sompo General Insurance Co. Ltd., under PMFBY along with the premium of other seven members totally Rs.21,235-91 by the OP and the same has been credited to the account of Universal Sompo General Insurance Co. Ltd., the same is with the knowledge of the complainant.  Therefore, the above said insurance company is the proper and necessary party to this proceeding.  Without impleading the insurance company as a necessary party and hence, the OP is not liable to pay the compensation under PMFBY. 

 

9.     We have gone through the entire documents filed by the complainant and OP.  No doubt, the complainant is having the agricultural lands measuring 03-acres 07-guntas in sy.No.7/1P2 and 7-acres in sy.No.7/1P2 situated at Thimmanahalli village, Parashurampura Hobli, Challakere Taluk.  According to the complainant, the OP has deducted the insurance premium amount from the SB A/c of the complainant and the same has been sent to the Universal Sompo General Insurance Co. Ltd., under PMFBY.  After a lapse of the ground nut crop sown in his land due to shortfall of rain, the complainant approached the OP seeking compensation amount.  But the OP repudiated the same on the ground that, the amount deducted from the account of the complainant towards crop insurance premium has been sent to the insurance company, the insurance company is liable to pay the compensation.  But in this case, the complainant has not made the insurance company as a party to this proceedings.  This Forum also issued direction to the complainant to made the insurance company as a party to the proceedings, but the complainant did not come forward to implead the insurance company as a party to the proceedings.  Moreover, the Ex.B-3 produced by the OP clearly shows that, the crop insurance for the year 2017-18 has not settled by the Government of Karnataka and the Insurance company is also a necessary party to this proceeding.  Because of non impleading of the insurance company to this proceeding, the Forum cannot come to the conclusion to pass any order in favour of the complainant.   Accordingly, we answer Point No.1 held as negative. 

 

10.   Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

ORDER

The Complaint filed by the complainants U/s 12 of CP Act 1986 is hereby dismissed. No order as to costs.  However, the complainant is at liberty to file fresh complaint against the OP and insurance company on the same cause of action.

 (This order is made with the consent of Members after the correction of the draft on 13/06/2019 and it is pronounced in the open Court after our signatures)

 

 

LADY MEMBER           MEMBER                     PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant

PW-1:-Complainant in all the cases by filing affidavit evidence.

Witnesses examined on behalf of OPs

DW-1:- Sri. Vijay Kumar. B.M, the Manager and PA Holder of OP by filing affidavit evidence.

Documents marked on behalf of Complainant

01	Ex-A-1:-	Statement of account dated 12.09.2017
02	Ex-A-2:-	Pass Book of complainant
03	Ex-A-3 & 4:-	RTC extracts
04	Ex.A-5:-	Mutation extract under MR No.4/1956-57
05	Ex.A-6:-	Patta of khata No.55
06	Ex-A-7:-	Legal Notice dated 18.01.2018
07	Ex.A-8 & 9:-	RPAD receipt dated 18.01.2018 and acknowledgement

Documents marked on behalf of OPs

01	Ex-B-1:-	List of accounts with regard to insurance amount sent to concerned Department dated 08.08.2017
02	Ex-B-2:-	Pass Sheet/Account extract
03	Ex-B-3:-	Endorsement issued by AAO, Raitha Samparka Kendra, Parashurampura
04	Ex-B-4:-	Acknowledgement with regard to payment

 

 

LADY MEMBER               MEMBER                 PRESIDENT

Rhr.,