Complainant/s:           1. Sangappa S/o Siddappa Ronad,

                                            Age:65 Years, Occ: Agriculture,

                                            R/o Yaklasapura, Taluk: Mundargi,

                                            District: Gadag.

                                            2. Gangadhara S/o Sangappa Ronad,

                                            Age:46 Years, Occ: Agriculture,

                                            R/o Yaklasapura, Taluk: Mundargi,

                                            District: Gadag.

                                            3. Mahesha S/o Sangappa Ronad,

                                            Age:44 Years, Occ: Agriculture,

                                            R/o Yaklasapura, Taluk: Mundargi,

                                            District: Gadag.

                                            (Rep. by Sri.M.B. Nadagoudra, Advocate)   

V/s

ORDER

JUDGEMENT DELIVERED BY SMT.SAMIUNNISA .C.H. PRESIDENT:

          This complaint is filed by the complainant against the OPs claiming certain reliefs by invoking Sec 12 of the Consumer Protection Act 1986.

           2.  The above complaint filed by the complainants, stating that they had sowed Groundnut and Greengram crops in 2017-18 in his lands and insured for the Khariff Season yield and paid the premium through the Nodal Bank.

            3.    The averments of the complaint in brief are:

                   That the complainant has sowed the Groundnut and Greengram crops in their respective lands bearing sy. No.3/*/2 measuring 4-04 Acres, sy.No.44/*/1 measuring 2-00 Acres and sy.No.89/*/3 measuring  4-00 Acres situated at Yaklasapura village in Mundargi Taluk and insured the said crops with OP No.1 for the yield and paid the premium amount of Rs.2,818.96 in 2017-18 under PMFBY for a sum assured amount of Rs.1,40,948-10 through OP No.3.  The said crops were good and healthy and the complainants hoped that they would get good yield from the above said crops for the said year.  It is further submitted that, unlikely, the crop failed due to shortfall of rain. The crops of the complainant were good and healthy and was growing well.  The year 2017-18 was hit by draughts, due to of lack of rainfall, the whole crops of the complainants were ruined and complainants became unhappy.  The complainants expected to receive the compensation for the total loss of the said Khariff season crops.  The policy coverage in case of any natural calamities/disasters to the crops of insured person/farmers, the policy safeguards under such calamities and on this assurance and encouragement, the complainants have purchased the policy to the said year and eagerly waited to receive the crop insurance compensation for the total loss of the crops under the said scheme by all the OPs, but the complainants have not received the compensation amount till today. Therefore, the complainant got issued legal notice to the OPs on 04.02.2020 calling upon them to pay the compensation, but till today the OPs have not replied for the same. The cause of action for this complaint arose on 04.02.2020 when the complainants got issued notice to the OPs.   Hence, there is deficiency in service and prayed to order the OPs to pay the total loss and damages of the crops for Rs.1,40,948-10 with interest @ 18% p.m from the date of payment of premium amount till payment, Rs.10,000/- towards compensation for mental agony and hardship etc., and court expenses.

        4.   In pursuance of the notice issued by this Commission, the OPs appeared through their counsels and written version.

          5.       The brief facts of the Written Version of OP No.1:

          OP No.1 stated that the above complaint is not maintainable both in law and also on facts as there is no deficiency of service on their part. The complainant has paid the premium amount of Rs.2,818-96 to their crops as stated in their complaint.  The State Government in Samrakshana Portal Yaklaspura village, Mundargi taluk mentioned the actual yield is greater than threshold yield, so there is Zero claim in this mentioned area.  As per the data given by the Government, there is no crop lose in the said village.    It is further submitted that, the CCE yield is higher than the threshold yield, hence there is no crop loss of the farmer and hence, no claim is reflected in the portal.    The Pradhan Mantri Fasal Bima Yojana is being implemented in the country under the orders of Government of India with an objective to provide insurance coverage and financial support to the farmers in the event of failure of any of the notified crop as a result of natural calamities.  The time lines for coverage, submission of yield data, price data etc., shall be decided by the SLCCI strictly keeping in mind the onset of monsoon, sowing period, crop cycle as per the operational guidelines of Pradhan Mantri Fasal Bheema Yojana, Department of Agriculture, Cooperation and Farmers welfare book mentioned.  Once the yield data is received from the State/UT Government as per the prescribed cut-off dates, claims will be processed, approved and settled by IA.  If the Actual Yield per hectare of the insured crop for the defined (on the basis of requisite number of crop cutting experiments (CCEs)) in the insured season, falls short of the specified that crop in the defined area deemed to have suffered shortfall in their yield. 

          Claim shall be calculated as per the following formula:

          Claim pay-outs= (Shortfall in Yield X Sum insured of the farmer

     Threshold Yield)

It is further submitted that, threshold yield and actual yield is to be entered by State Government in SAMRAKSHANE portal and this OP has only access to download the same and based on the entry in the   said    portal  if  a   claim  has    been     registered  in that case it would be treated as admissible or inadmissible. The CCE yield is higher than the threshold yield, hence there is no crop loss of the farmer and hence, no claim is reflected in the portal.   The final claim is calculated as per the term sheet and the same is mentioned in the SAMRAKSHANE Portal which is maintained by the State Government.  As per the present complaint filed by the complainant, the complainant has failed to provide the unique application/proposal number to these OPs and hence, these OPs are failed to give further any comment regarding the claim.     The complainant has not produced any documents before this Forum that, the concerned authorities have declared the above said area is hit by draught and not produced any documents to show that, he has suffered heavy loss due to improper yielding of crops in his lands.  As per the data, there is no shortfall in the area claimed by the complainants and claims that the complainants are hiding the material facts and fraudulently claiming the undue amount and prays to dismiss the complaint.

6.       The brief facts of the Written Version of OP No.2:-

1. The OP No.2 contended that Complaint of complainant is not maintainable both in law and also on facts and the same is liable to be dismissed in limine. 
2. It is further submitted that, the contents of para 2 and 3 are false and the same is to be proved by the complainant.
3. The contents of para 4 are that, this OP has not received any premium amount from the complainant under PMFBY and this OP has not made any assurance with regard to payment of insurance amount to the complainant.   
4. The complainant is not the consumer of this OP and there is no contract of agreement between the complainant and this OP that of seller and the buyer.  This OP made as parties unnecessarily and therefore, there is no deficiency of service on the part of this OP and hence, prayed to dismiss the complaint.

7.       The brief facts of the Written Version of OP No.3:-

          The OP No.3 contended that, the contents of the complaint are not admitted, the complaint is false, frivolous and vexatious and the complainants have not the necessary parties to the proceedings and the same is not maintainable either in law or on facts and the same is to be dismissed.  The complainants have not paid the premium amount to this OP for the year 2017-18 Khariff Season.  The complaint filed by the complainants is barred by limitation and the complainants do not come under the definition of complaint u/Sec. 2(1)(c) to (iv) of Consumer Act-1986.  The alleged pleadings are insufficient to constitute a complaint.  There is no deficiency of service on the part of this OP and this Commission has no jurisdiction to entertain this complaint.  It is true that, the complainants are holding SB A/c with this OP and the statement of account has been already handed over to the complainants.  The OP No.3 is only an acting as a collecting agent and mediator between the farmers concerned and NIIC and the scope of this OP is very limited.  The duty of this OP is to receive the applications/proposal form and to collect the required premium as per the guidelines of NIIC and to forward the same to AIC, but the present complainants have not paid the premium amount to this OP and they have made the premium amount through CSC.  Therefore, this OP is no way concerned with this complaint and prayed for dismissal of the complaint.      

     8.  The complainant No.1 filed Chief affidavit along with 11 documents.  On the other hand, OPs have not filed their Chief Affidavit/s and documents. 

    COMPLAINANTS FILED DOCUMENTS AS follows

          9.      On pursuance of the materials, placed by the complainant and OPs, the following points arises for our consideration:-

                    1.       Whether the complainants have proved the deficiency                      in service on the part of the OPs and entitled to any relief as                            averred in the complaint?

                    2.       What Order?                                     

     10.     Our findings to the above points are:-

Point No. 1:  Negative                  

Point No. 2:  As per the final Order

R E A S O N S

           11.  POINT NO.1:  The Complainants have filed this Complaint against the OPs for claiming crop insurance amount for the Khariff season 2017-18 on failure of weather stating that, they have not received the claim amount from the OPs as per the sum assured. 

          12.     The complainants have sowed the Groundnut and Greengram crops in 2017-18 in their respective lands bearing sy. No.3/*/2 measuring 4-04 Acres, sy.No.44/*/1 measuring 2-00 Acres and sy.No.89/*/3 measuring  4-00 Acres situated at Yaklasapura village in Mundargi Taluk and insured the said crops with OP No.1 for the yield and paid the premium amount of Rs.2,818.96 in 2017-18 under PMFBY for a sum assured amount of Rs.1,40,948-10 through OP No.3. Due to shortfall of rain, the crop was failed and the complainants sustained complete loss.  Therefore, they approached the OPs claiming insurance amount, but the OPs failed to heed the request of the complainants. 

          13.     On-going through the records on file, it is an undisputed fact that complainant/s have insured their crops with OP No.1 and it is also undisputed fact that they have received the premium amount from the complainant/s.  But the complainant has not produced any supporting document to show that, there was a less rainfall in the particular area and the particular season.  Hence, this Commission comes to the conclusion that, the complainant/s have failed to prove that, the OPs have made deficiency in service on their part.  Accordingly, we answer Point No.1 in Negative.      

          14.  POINT NO. 2: In view of our findings on the above points, the complaint filed by the complainant/s is dismissed. In the result, we pass the following: 

//O R D E R//

1. The above Complaint is dismissed.  No order as to costs.

        2.  Send the copies of this order to the parties free of cost.

          (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by me in the Open Court on this 31^st day of July, 2021)

         (Shri B.S.Keri)                             (Smt.C.H.Samiunnisa Abrar)

            MEMBER                                                PRESIDENT