Kerala

Idukki

CC/62/2020

Vijayakumar p r - Complainant(s)

Versus

Top Gear Motors - Opp.Party(s)

30 Mar 2023

ORDER

DATE OF FILING : 18/03/2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 22^nd day of March 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.61/2021

Between

Complainant                                :   Sunil, S/o Sidhiq,

                                                         Puramadathil House,

                                                         Cheenikkuzhy P.O., Manjikkallu,

                                                         Thodupuzha, Idukki District.

                                                           And

Opposite Party                            :   Jencymol, Agricultural Officer,

                                                        Udumbannoor P.O., Udumbannoor,

                                                        Thodupuzha, Idukki District.

                                                             

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant filed this complaint under S.35 of Consumer Protection Act.  Brief facts of this complaint are discussed hereunder:-

 

1 . Complainant is a small farmer and residing at Thodupuzha Taluk.  Since there was no agricultural land owned by him, he has taken laid out  lease and has been cultivating the same.

2 . Thus, complainant has planted 500 bananas in 1.18 Acre property taken as lease.  Unfortunately, after bunching of these bananas, there was a wind happened and 270 banana plants had fallen down.  At the same time itself, he has informed to Udumbannoor Agricultural Office.  Accordingly they have came there and seen it.  Then after, complainant approached them for seeking about it but, they have questioned him that “where did you purchase the   medicine   for   banana”,  complainant  replied  that  he  has

(Cont....2)

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bought the medicine from “Kannikkattu Shop at Thodupuzha”.  Then, opposite party has said in anger that they have no responsibility because of the medicine purchased from complainant’s favourite shop.  According to complainant, he has insured these bananas, so he is entitled to get claim amount.  Also, he states that 30 bananas out of 270  were insects damage and therefore he claims for remaining 240 bananas.  Hence he has prayed for allowing the following reliefs:-

(a)  Compensation of Rs.80,000/- as loss of failure of banana cultivation.

( b) Litigation expenses Rs.10,000/-.

( c)  Expenses of Rs.15,000/- for taken agricultural land as lease.

Notice was served to opposite party.  Opposite party has entered appearance through counsel and filed written version.  Their contentions are briefly discussed hereunder:-

Opposite party states that 500 bananas were cultivated by complainant and it was insured under the State Price Insurance Policy of Agricultural Department.  Accordingly, on 19/08/2019, complainant has totally paid Rs.1500/-, each banana plant at the rate of Rs.3/-.  Thereafter, on 18/04/2020, complainant has applied to get compensation for damaged bananas due to the wind and rain happened on 16/04/2020.  After receiving application, opposite party has inspected such agricultural place on 22/04/2020 along with Agricultural Assistant Smt.Anumol N.S. for assessing the loss.  But, it is assessed that 154 bananas were only damaged due to wind and rain remaining bananas were not seen in damaged circumstances due to natural calamities.  Also, it is seen that bunches of 154 bananas were cut and changed and it was informed by the son of complainant that such banana

(Cont....3)

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bunches were harvested and sold.  Moreover, opposite party has inspected these cut banana, then, it is understood that the bunches of these bananas were cut 4 days ago.  Also, it is inspected and assessed that 154 bananas were only damaged due to the natural calamities.  This was done in the presence of complainant’s son.  Accordingly, opposite party and Agricultural Assistant have reported to Elamdesam Agricultural Assistant Director for getting insurance claim of Rs.46,200/- for 154 bananas which is originally damaged due to natural calamities.  After the proceedings completed, on 19/03/2021, Rs.46,200/- was transferred to complainant’s account.  Opposite party also states that as per this Crop Insurance Scheme, claim amount will get only for damages due to the natural calamities.  This was informed to complainant.  But, complainant had demanded that 270 bananas were damaged to be reported.  Opposite party replied that as per this insurance scheme, it is not possible to get the insurance claim for damages due to either pest attacks or diseases.   Moreover, opposite party submits that no pesticides were distributed from Agricultural Office.  Opposite party has taken some photos at the time of inspection from which it is seen that these bananas were damaged due to pest attacks.  Also, opposite party states that complainant has submitted a photo along with claim application and it is seen in this photo that attack signs of Banana Pseudo Stem Weevil and  Banana Rhizome Weevil.  Moreover, until the Agricultural Officers have come to such field, the damaged crop should still in the same stages.  But, when the officers  reached for there inspection, it is seen that banana were cut and changed.  As per this crop insurance scheme, claim amount will not get for damaged crop due to unnatural calamities.  Therefore according to them, there is no deficiency in service.   Hence complaint may be dismissed.

After filing written version, this case was posted for evidence of complainant.    But   complainant   was   continuously   absent,  therefore,

(Cont....4)

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documents which was produced along with complaint were marked as P1 to P3.  Therefore, opposite party has filed proof affidavit Ext.R1 to Ext.R5 were marked on the part of evidence of opposite party.

Heard the counsel for opposite party and thereafter it was taken for orders.  Now the points which arise for consideration are:-

1 . Whether there was any deficiency in service on the part of opposite party?

2 . If so, what reliefs are entitled to complainant ?

Points are considered together.

We have perused the complaint and documents.  On the perusal of these documents, it is understood that complainant  has taken land as lease for agricultural purpose and he has cultivated 500 banana plants in this land and also these crops  were insured with paying premium of Rs.1500/-.  Complainant alleges that out of these 500 banana crops, 270 bananas were damaged due to wind, so he is entitled to get claim amount as per the insurance scheme.  Complainant has not adduced any evidence to prove that 270 banana plants were damaged due to natural calamities.  Opposite party has filed proof affidavit.  We have perused the proof affidavit and marked documents.  As per Ext.R1, it is seen that complainant has submitted claim application for 270 bananas to Agricultural Office, Udumbannoor and accordingly, opposite party has inspected and filed report which is recommended only for 154 bananas, regarding these recommended bananas, opposite party states that at the time of inspection, they have seen that only 154 bananas were damaged due to natural calamities and 47 bananas were damaged due to pest attacks, remaining bananas out of 270 were cut and changed by complainant before inspection time.  As per this Ext.R1, documents, it is seen that opposite party has recommended Rs.46,200/- as the price  of  154  bananas  at  the  rate  of  Rs.300  per one banana for giving to

(Cont....5)

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complainant, accordingly these amount was remitted to complainant’s account of SBI, Udumbannoor branch from opposite party under Ext.R3.  According to opposite party, as per this crop insurance scheme, they have responsibility for banana damages happened due to only by natural calamities.  This is proved under Ext.R4 document.  Moreover, as per this scheme, the damaged crops were not to be removed from site.  But, some bananas were cut and changed by complainant before inspection.  Under the inspection, opposite party has seen only 154 bananas were damaged due to heavy rain and whirlwind and it was reported.  Therefore, according to opposite party, there is no deficiency in service on the part of them.  Complainant has not adduced any evidence against these contentions of opposite party.  Allegations in complaint were not proved.  We are of the considered view that opposite party has acted as per the crop insurance scheme and Rs.46,200/- as compensation was paid to complainant for damaged bananas which they have assessed at the time of inspection.  No deficiency in service on the part of opposite party. 

In the result complaint is dismissed without cost.

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the 22^nd  day of March, 2023.

 

                                                                                        Sd/-                                                                             

                                                                                SMT.ASAMOL P., MEMBER                                                                                                               

                                                                                                  Sd/-

                                                                        SRI.C.SURESHKUMAR, PRESIDENT                                                                                                

                                                                                                  Sd/-

                                                                               SRI.AMPADY K.S., MEMBER

 

 

 

(Cont....6)

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APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  - Copy of Chellan of Rs.1500/- dated 19/08/2019

Ext.P2  - Copy of Agreement

Ext.P3  -  Copy of Tax receipt dated 23/08/2018

On the side of the Opposite Party :

Ext.R1 - Application for claim

Ext.R2 - Detailed statement showing the details of natural calamity due to  

               heavy rain and cyclone under crop insurance scheme 2020-21.

Ext.R3 - GO.No.Y.P(2)3316/20 dated 19/03/2021

Ext.R4 - Prospectus of Farm Information Beuro

Ext.R5 - Photos

 

 

                                                                                               Forwarded by Order  

 

 

                                                                                          ASSISTANT REGISTRAR