This complaint coming for final hearing on 9-11-2016 in the presence of Sri S. Nagi Reddy, Advocate for complainant and Sri S. Chandra Sekhar Rao, Advocate for Opposite parties and  upon perusing the material papers on record, the Forum made the following:-

O R D E R

(Per V.C. Gunnaiah, President),

1.             The complainant filed this complaint under section 12 & 14 R/w Section 2 (1) (iii) and (g) of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the Opposite parties to pay crop insurance amount of Rs. 33,020/- with interest @ 24% p.a. from the date of insured crop damage amount received by the Opposite parties till realization, to pay Rs. 5,000/- towards costs of the complaint and such other reliefs.

2.             The averments of the complaint in brevity are that the Complainant is borrower and member of C.K. Dinne Agricultural Society having lands at papasaheb peta village.  The Complainant has taken crop loan from Opposite parties society in the year 2009 and paid the loan amount regularly and during years 2012-13 taken Rabi loan for sunflower and insured paid insurance premium amount by taking loan amount of Rs. 40,000/- on 20-6-2013 from Opposite parties in loan No. C.K.C.C. No. 655.   O.P.2 received Rs. 41,450/- from government out of claim amount of Rs. 45,500/- and the Opposite parties adjusted Rs. 4,100/- towards share capital amount and closed.  During 2012-13 sunflower crop was damaged and the insurance company has settled the insurance claim at 82.35% in C.K. Dinne Mandal for crop loan of Rs. 40,000/-.  So the petitioner has to get 33,020/- towards crop insurance.  The Opposite parties received Rs. 33,020/-  from District Cooperative Central Bank, Kadapa branch but not paid to the Complainant to his S.B. Account with the bank in spite of demands.  The Complainant issued legal notice to O.P.1 on 13-2-2016 demanding to adjust the insurance amount to his account but the Opposite parties have not taken any steps.  Hence, the complaint  for the above reliefs.

3.             Opposite parties 1 & 2 filed common written version denying the allegations regarding demanding the amount by Complainant.  It is further averred that the bank authorities made phone calls several times and intimated the relatives of Complainant but in vain.   The bank authorities are ready to pay insurance amount provided the Complainant to submit all the relevant documents like title deed, passbooks, KYC norms,  Aadar card and other declaration forms as per bank norms and the amount will be settled through her account.  Hence, the complaint may be dismissed. 

4.             On the basis of the above pleadings the following points are settled for determination. 

1. Whether the complainant is entitled for the amount claimed from the Opposite parties?
2. To what relief?

5.             No oral evidence has been adduced by the parties.  But  on behalf of complainant Exs. A1 to A6 documents are marked.  No documents are marked on behalf of Opposite parties.       

6.             Heard arguments on both sides and perused the record.

7.             Point Nos. 1 & 2. There is no dispute between the parties that the Complainant borrowed amount from the Opposite parties society and raised sunflower crop and got the crop damaged during the year 2013 and she insured her crop for Rs. 40,000/- and she was entitled to receive crop insurance of                  Rs. 33,020/-.  Opposite parties have also admitted in their written version that they are ready to pay insurance amount to the Complainant but she did not turn up.  The contention of the Opposite parties that the Complainant did not turn up in spite of phone calls cannot be believed.  As per Ex. A2 the Complainant issued legal notice on 12-2-2106 to O.P.1 still the claim of Complainant was not settled by opposite parties by crediting the amount to her S.B. Account.  As per records filed by Complainant the Opposite parties have received the insurance amount payable to Complainant from District Cooperative Central Bank, Kadapa but the Opposite parties have not paid the same to the Complainant.  According to the Complainant at the time of taking loan for raising crop of sunflower, she insured the same, and submitted all relevant documents to O.P.1,  so no need to submit again the same documents.  Since the Complainant had already submitted the documents relevant for disbursement of loan by O.P.1 and O.P.1 received crop insurance amount from O.P.2. there is no need to Complainant again to produce the documents. Though the Complainant is entitled for crop insurance of                  Rs. 33,020/- O.P.1 has not deposited the same into her S.B. Account and intimated to her.  Therefore, there is deficiency in service on the part of the Opposite parties as such we hold the Complainant is entitled for Rs. 33,020/- with interest @ 12% p.a. from the date of filing of this complaint till realization and also Rs. 2,000/- towards costs of the complaint. Accordingly, point is are answered in favour of the Complainant and against the Opposite parties. 

8.             Point No. 3. In the result, the complaint is allowed, directing the Opposite parties to pay crop insurance amount of Rs. 33,020/- (Rupees thirty three thousand and twenty only) along with interest @ 12% p.a. from the date of filing of the complaint till realization and also pay Rs. 2,000/- (Rupees two thousand only) towards costs of the complaint to the Complainant, within 45 days from the date of receipt of this order.

          Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 21^st November 2016

MEMBER                                                                                       PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant:         NIL                                   For Respondents :     NIL

Exhibits marked for Complainant  : -  

Ex. A1       P/c of of the internet extract of the debt relief by the Govt. of A.P. in favou rof the Complainant in the year 2014-15.

Ex. A2       P/c of the registered notice issued to the O.P.1 by the Complainant on 12-2-2015.

Ex. A3       P/c of registered postal receipt dt. 13-2-2105 issued by the O.P.1.

Ex. A4       P/c of registered postal receipt dt. 13-2-2105 issued to the O.P.2.

Ex. A5       P/c of registered acknowleement card dt. 15-2-2105 received by the Dist. Cooperative Central Bank, R.K. Nagar, Kadapa.

Ex. A6       P/c of urgent memo i.e. releasing crop insurance claim to bank by Agriculture crop insurance company of India Ltd., dt. 5-12-2105.

Exhibits marked on behalf of the Opposite parties : -         NIL 

MEMBER                                                                                       PRESIDENT

Copy to :-

1. Sri S. Nagi Reddy, Advocate for Complainant.
2. Sri S. Chandra Sekhar Rao, Advocate for Opposite parties

B.V.P