Complaint filed on: 16-12-2021
Disposed on: 23-09-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
CC.No.89/2021
DATED THIS THE 23rd DAY OF SEPTEMBER, 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER
Complainant: -
Renukamma W/o Rajanna
Aged about 54 years,
Rangapura Village,
Handanakere Hobli,
Chikkanayakanahalli Taluk,
Tumkur District.
(By Sum/Smt. H.S.Ambika, Adv.)
V/s
Opposite parties:-
The Manager,
Agriculture Insurance Co., Ltd.,
3nd Floor, C/o Karnataka
Pradesh Krishi Samaj, No.18,
Nrupatunga Road,
Corporation Circle,
Bangaluru-560 001.
(By Sri. Mohamed Afroze Ahamed, Adv.,)
:ORDER:
BY SRI.KUMARA.N., MEMBER
This complaint was filed by the complainant under Section 35 of the Consumer Protection Act, 2019, with a prayer to direct the OP to pay total crop insurance amount of Rs.1,39,739/- along with interest @ 18% from the date of legal notice issued by the complainant till realization.
- It is the case of the complainant that she is an Agriculturists having land of 02 acres, 28 guntas at Belaguli Village, Chikkanayakanahalli Taluk, Handanakere Hobli under different survey numbers and as per the direction of OP/Company, she has taken crop insurance from the OP for Arecanut crop for the year 2019-20 grown in the above said land by paying premium of Rs.2,848.64, Rs.1,551.36, Rs.517.12 and Rs.2,068.48 respectively. The complainant further submitted that due to crop loss in the particular year, the OP/company has to pay insurance amount of Rs.56,972.80/-, Rs.31,027.20, Rs.10,342.40/- and Rs.41,369.60/-, but the Insurance Company has not paid the said amount though she has approached the OP on several times. Hence, she got issued legal notice through her counsel on 16.10.2021 asking the OP to pay the said insurance amount, but the OP did not turn up. Hence, this complaint.
3. After the service of notice, the OP appeared and filed its version contending that, there was no deficiency in service on the part of OP, and admitted the payment of crop insurance premium of Rs 13971=00 by the complainant for the year 2019-20 for areca nut crop. The OP submitted that, It is the specific case of insurer that as per the assessment made by the Nodal officers consisting of State Government department of Agriculture, Horticulture, Revenue, Insurer and other Authority, based on weather factors / Rain fall, said authority, decides and fix the crop insurance payable to the farmers, accordingly actual loss suffered by the farmers in respect of crop raised in their lands, the insurer directly crediting the compensation / crop insurance amount to the farmers account through Aadhar enabled payment service (AEPS), accordingly in this case Rs 50491=7 was paid to the complainant account..
It is submitted that as per the notified terms sheet in respect of
(i) Deficit rainfall peril: Payout is given only in respect of Phase I for arecanut crop, Belaguli GP, Chikkanayakanahalli Taluk, Tumkur District since the aggregate of rainfall during 01.07.2019 to 31.08.2019 was 140 mm (within Strike 1 & 2 Limits). Hence, a payout of Rs.15,200/- per hectare was given to the petitioner (270-170)*80+(170-140)*240}. There was no payout in any other phase in respect of Deficit Rainfall, as the criteria of Aggregate of rainfall (mm) over the period exceeded the strike limits.
(ii) Dry Day Cover: Payout is given only in respect of Stike 1 for Arecanut crop, Belaguli GP, Chikkanayakanahalli Taluk, Tumkur District, since the maximum Number of consecutive Dry Days (CDD) where dry day is a day with rainfall less than or equal to 2.5 mm during 01.07.2019 to 31.10.2019 was 33 days. Hence, a payout of Rs.31058.823 per hectare was given to the petitioner {(33-18)*2070.5882}. There was no payout in any other strikes in respect of Dry Day Cover, as the criteria of Maximum Number of Consecutive Dry Days (CDD) where dry day is a day with rainfall less than or equal to 2.5 mm over the period did not exceed the strike limits. Therefore all eligible claims as per notified term sheet in respect of RWBCIS Kharif 2019 have already been settled by AIC. As such there was no deficiency on the part of OP and asked to dismiss the complaint.
4. The complainant and OP counsels filed their affidavit evidences along with 10 complainant documents, and 6 OP documents, which were marked as Ex.P1 to P10 and Ex R1 to R6 respectively.
5. We have heard the arguments of complainant counsel and the op counsel in addition to written brief submitted by the OP, points that would arise for determination are as here under:
1) Whether the complainant proves the deficiency of service/unfair contract of OP?
2) Is complainant entitled to the reliefs sought for?
3) What order ?
6. Our findings on the aforesaid points are as follows:
Point No.1: in the negative
Point No.2: in the negative
Point No.3: As per the final order
:REASONS:
7. Point No.1 to 3: complainant counsel argued that, the complainant paid the crop insurance premium ( for the period 2019-2020) amount of Rs 2848=64,Rs 1551=36, Rs 517=12 and Rs 2068=48 to the OP, through online in one of the cyber zone, with respect to complainant areca nut crop cultivated in land bearing survey Numbers 129/6, 128/8, 128/10 and 129/7 which were measuring, 1 acre 4 guntas, 24 guntas, 08 guntas and 32 guntas respectively, accordingly sum assured were Rs 56972=80, Rs 31027=20, Rs 10342=40 and Rs 41369=00 respectively, which totaling to Rs 139712=00. During the year 2019-2020 due to weather failure the complainant sustained loss and the OP need to pay the sum assured amount of Rs 139712=00 to the complainant, but OP not paid the said amount in spite of several approach, hence prayed to allow the complaint and award such relief. The complainant counsel produced copy of legal notice (ExP1)dated 04-10-2021,Ex P2 and ExP3 were postal acknoledements,ExP4 acknowledgement of WBCIS,ExP5 to ExP8 were copies of RTCs, ExP9 copy of Aadhar of the complainant, Ex P9 and ExP10 copy of the complainant bank pass book.
8. The OP counsel argued that, the OP received the premium of Rs 6985=60 from the complainant, and as per the assessment by the authority , for the period 2019-20, the eligible crop insurance of Rs Rs3737=73, Rs 11213=18, Rs 20589=88 and Rs 14950=91(Total Rs 50491=70) paid through Aadhar payment to the complainant, on 14-12-2020 to the complainant Bank account No 70301000002030 (Indian Overseas Bank),Further the OP counsel, in their affidavit has reiterated the averments of version. The OP counsel produced Ex R1. Copy of the Operational guidelines,ExR2 copy of government order related to R-WBCIS,ExR3, copy of Operational guidelines of PMFBY,ExR4, Copy of term sheet for Kharif 2019-20,ExR5 copy of KSNDMC (GOK) of Rainfall details of belaguli village location for the period July 2019 to October 2019,Ex R6, details of insurance amount paid to the complainant.
9. The Government of Karnataka notification No JDA/PMFBY/2019-20 Bid/2019-20/1 dated 21st February 2019 in para, 20 Roles of insurance companies, J stated as ,In all the cases joint survey report should be placed and approved by the District Level Monitoring committee headed by the District Deputy commissioner before settlement of claims. Claim processing and payment will be done directly to the SB account of the eligible farmer which is seeded to his Aadhar number, accordingly in this case the OP paid insurance amount of Rs 50491=7 to the complainant / farmer account No which was seeded to Aadhar.
10. In this case the complainant not impleaded the Bank and cyber zone in which insurance premium paid to the OP, as necessary party and not produced crop insurance proposal form, which is important document which reflects the complainant / farmer basic details including Bank account details.
11. By considering the above discussion in our view the complainant not proved any deficiency on the part of OP, Hence, we proceed to pass the following;
The complaint is dismissed with no costs
Furnish the copy of order to the complainant and opposite parties at free of cost.
