SMT. RAVI SUSHA  : PRESIDENT

      Complainant  filed this complaint U/S 35 of Consumer Protection Act 2019 seeking to get an order  directing opposite party  to pay Rs.3700/- towards compensation for  the loss of crops   together with  Rs.1000/ - towards cost for the proceedings of this case.

   Brief facts of complainant’s case is that complainant is a farmer.  He was planting Banana crop and on October 2019 he has planted 136 banana plant in his property and OP inspected the  farm and insured the plant  to provide insurance coverage and financial support to him as a farmer in the event of failure of any of the notified crop as a result of natural calamities, pests and diseases and the complainant has remitted Rs.408/- as premium.  Complainant alleged that  out of 136 banana plant, 37 plant were destroyed by wild boar attack.  Complainant has claimed for the loss of crop with photos before the OP and approached many time to get the insurance benefit.  But OP repudiated  his claim.  Hence this complaint.

   After receiving notice OP entered appearance through Addl.Govt.pleader and filed written version stating that the complainant has not insured his Nhalippovan Banana plantlets, he insured  136Adukkuvan banana plantlets aged 3 months. The policy of insurance issued to complainant reveals these facts. The njalippovan banana variety has not been insured by the complainant.  OP further submitted that the produced photos will reveal that the loss was caused not due to wild boar attack or with natural calamities, on verification by the officials it is noticed that middle part of  most of the plantains were damaged, the same could be  happened only by human interference, moreover it is only 3 months aged plantains.  Since the nhalippoovan banan plantlets were not insured, the complainant is not liable to get the claim on the basis of the policy condition.  The OP has acted only on the basis of government circulars.  There is no  deficiency in service on the part of OP.  Hence prayed for the dismissal of complaint.

      In order to prove the case, complainant has filed his chief affidavit and documents Exts.A1 to A11.  On the side of OP, Agricultural Officer, Keezhur Chavasseri  Agriculture Office has filed his chief affidavit and produced documents Exts.B1 to B5.  Both witness were subjected to cross examination by the rival parties.  After that the complainant filed argument note and made oral submission before us.  The learned Addl. Govt. Pleader also submitted written argument note.

   The main contention raised by the OP is that the loss of crop as alleged by the complainant was not due to wild boar attack or with natural calamities.  According to OP, the loss was due to  human interference further it is only 3 months aged plantlets.  Moreover, the complainant has not insured his Nhalippovan banana plantlets, he has insured 136 Adukkuvan  banana plantlets aged 3 months . OP submitted that as per the policy terms  and condition complainant is not entitled to get insurance claim and so the repudiation of his claim is justifiable.

  On perusal of documents produced from both sides, it is revealed that Ext.B1 is the proposal form for getting  insurance.  In Ext.B1 the category f crop and number mentioned as  “അടുക്കുവൻ വാഴ 136”.  Further Ext.A11 is the Insurance policy issued to the complainant by the Director of Agriculture, Agriculture Department,Kerala Government.  In which it is stated that the insurer has received Rs.408/- from the complainant towards premium  in the state crop insurance scheme and  issued a policy certificate t complainant for “അടുക്കുവൻ വാഴ 136 , വിളവെടുപ്പുവരെ”  having  policy No.KNR/1918/20/ITU.  Further in Exts. A1&A3 it is seen that complainant has submitted application to OP for the loss of  37 Adukkuvan banana plantlets, due to wild boar attack.  Further the inspection report of Agriculture officer of the concerned place, reported that complainant is not eligible to get claim benefit due to the reason that though the crop aged 8 months, it was not yielded.  That means  the insured has not given care and caution to the crop.  It is also reported that the loss was happened due to natural calamity or due to wild animals attack was not evident in the inspection.

     In this case on perusal of Ext.B3 series it is seen that the banana plantlets were lost, due to some wild animals attack.  Moreover in Ext.A11, it is clearly stated that the insured is eligible to get insurance benefit till the yielding period of the crop.

    Here burden of proof lies upon the  OP since OP admitted the receival of  premium policy issued to complainant and failure of crop.  That be so, it does not require on the  part of complainant to prove his claim in further.  Here OP has failed to furnish  the specific details as to  how the crop were damaged and also the insured plantlets being yield  3 months age.

      In the present case as discussed above , we have come to the conclusion on the basis of peculiar facts and  circumstance of the case, there is deficiency in  service  on the part of OP in rejecting the legal claim of the complainant.

      Considering all facts and circumstance of the case, we are of the view that the complainant is  entitled to get crop insurance  scheme benefit.

      In the result complaint is allowed.  Opposite party is directed to give Rs.3700/-(37x100) to the complainant  for the loss of 37 adukkuvan banana plantlets together with Rs.1000/- as cost to the proceedings of this complaint  within  one month from the date of receipt of this order, failing which Rs.3700/- carries interest @12% per annum from the date of order till realization. Complainant is at liberty to execute the order by filing execution  application against opposite party as per the provision of Consumer Protection Act 2019.

Exts:

A1to A3 - Copy of the letters given by complainant to OP Dt.8/6/2020,2/11/20,3/9/2021

A4- Reply of OP dtd.3/9/21

A5- copy of RTI application given by PW1 to OP dtd.22/9/21

A6-Reply of RTI

A7-copy of letter sent by PW1 to Agriculture Asst. Director dtd.18/10/21

A8- copy of letter sent by PW1 to Principal Agriculture Officer  Kannur dtd.11/11/21

A9-Reply of Ext.A7 dt.1/1/22

A10-Reply ofExt. A8 12/1/22

A11-Insurance certificate issued by  Agriculture Dept. dtd.7/2/20

B1-copy of proposal form

B2 series-copy of claim form

B3-copy of photos

B4-Authorization letter

B5-Manual

PW1-Kunhiraman-complainant

DW1-Haneesh.M- OP

Sd/                                                           Sd/                                             Sd/

PRESIDENT                                             MEMBER                              MEMBER

Ravi Susha                                       Molykutty Mathew                         Sajeesh K.P

eva           

/Forwarded by Order/

ASSISTANT REGISTRAR