BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::

KADAPA Y.S.R DISTRICT

PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT

     SMT. K. SIREESHA, B.L., LADY MEMBER

                                                                              SRI M.V.R. SHARMA, MEMBER                                     

Thursday, 2^nd June 2016

CONSUMER COMPLAINT No.  100 / 2015

P. Dhanujaya Reddy, S/o P. Lokabandhava Reddy,

D.No. 2/70, Simhadripuram (Post and Mandal),

Pulivendula (Taluka), Kadapa District – 516 454.                         ….. Complainant.  

Vs.    

1.  The Regional Manager, Agriculture Insurance Company of India Ltd.,

     8^th floor, United India Insurance Towers, Basheerabagh,

     Hyderabad – 500029.

2.  The Commissioner and Director, Agriculture Department of A.P.

     Fatehmaidan Road, Near L.B. Statidum, Basheerabagh,

     Hyderabad – 500 029.

3.  The Joint Director, Agriculture, Opp. RARS, Utukur, Kadapa – 516 003.

4.  The Mandal Agriculture Officer, Mnadal Agriculture Office,

     Simhadripuram (Post and Mandal), Pulivendula (Taluka),

     Kadapa District – 516 454.                                                   …..Opposite parties.

This complaint coming for final hearing on 24-5-2016 in the presence of Complainant appeared as in person and Sri C.K. Bramhaiah, Advocate for O.P.1 and Sri P. Subramanyam, Govt. Pleader for O.P.2 to O.P.4 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 of Consumer Protection Act 1986 (for short herein after called as C.P. Act) praying this forum to direct the opposite parties to pay insurance amount at Rs. 12,700/- per acre for Ac. 5.06 cents totaling Rs. 63,500/-, to pay Rs. 30,000/- towards mental agony and Rs. 2,000/- towards expenses of this complaint. 

2.                The averments of complaint which are in vernacular language in brevity are as follows.  The Complainant has Ac. 5.06 cents in Survey Nos. 613, 616 and 941/3 in Kasunoor village of Simhadripuram Mandal and he raised Bengal gram crop during Rabi season of 2012-13.  He paid insurance premium at Rs. 750/- per hector totaling Rs. 1500/-  for Ac. 5.06 cents by way of Demand Draft on 31-12-2012 from Andhra Pragathi Grameena Bank and send it to Mandal Agriculture Officer, Simhadrapuram Mandal along with 1B adangal, insurance application form and copy of pattadar passbook.  The Mandal Agriculture Office also acknowledged the receiving of documents along with Demand Draft.  About a month ago (prior to the filing of the complaint) for some of the farmers, who raised Bengal gram  crop in Rabi season 2012-13 were given                     Rs. 12,700/- per acre as insurance amount and the said amount was credited to their bank accounts by the concerned authorities.  But no insurance amount was given to him. When he approached Mandal Agriculture Officer, Simhadripuram, he directed him to approach Joint Director of Agriculture (JDA), Kadapa for his relief.  When he went to the Joint Director they directed that they send the papers to Agriculture Insurance Company of India Ltd, Hyderabad and approach them.  Thereafter he approached Agriculture Insurance Company of India Ltd, Hyderabad Regional Manager and enquired about why insurance amount was not given to him.  But they did not give proper reply.  Further they directed to approach Joint Director of Agriculture, Kadapa and Commissioner and Director of Agriculture Department. He approached them but did not get proper reply from them.  On 2-12-2015 he issued legal notice to the Opposite parties claiming insurance amount to his Bengal gram crop.  But they did not give any reply.  Hence, he filed this compliant for the above reliefs.

3.                Opposite party No. 1 filed counter giving para-wise reply admitting that the Complainant has insured his crop during Rabi season 2012-13 and paid insurance premium and also send Demand draft and insurance form with relevant documents as pleaded by the Complainant. Further contended that certain eligible farmers of Simhadripuram mandal of Kadapa District for Rabi 2012-13 season have been settled under first installment list of claims in respect of requisite approval has already been conveyed by the competent authority their claims have been settled.  Claims in respect of all those farmers whose names were figuring under the 2^nd installment list of claims in respect of eligible farmers of Simhadripuram Mandal of Kadapa District for Rabi 20120-13  season are still under process and in respect of claim of the Complainant is also  in process and finalization and 2^nd installment of eligible claim disbursal shall be released upon approval by the competent authority in terms of the scheme provisions.   Therefore, there is no deficiency of service on the part of the Opposite parties.  Hence, the complaint is liable to be dismissed.

4.                Opposite party No. 3 filed counter and the same has been adopted by O.P.2 to 4 by filing memo.  They have also admitted in their counter about the Complainant raising Bengal gram crop by paying premium for the year 2012-13 under the scheme.  It is further averred as per the said scheme all the policy holders are entitled to claim crop insurance and the insurance company will scrutinize and pay compensation for the loss sustained.  So the Agriculture Insurance Co. of India Ltd., is responsible to pay the claims as per crop insurance norms and the company is totally responsible in scrutinizing and sanctioning of insurance.   On the complaint by the Complainant they addressed a letter on 16-2-2015 to the Chief Manager, Agriculture Insurance Co. of India Ltd., Hyderabad for early sanctioning of insurance scheme and return reply was given to the Complainant on 17-12-2015.  Hence, this O.P is no way concerned in finalizing of compensation and no liability.  Therefore, the compliant is liable to be dismissed. 

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

1. Whether the complainant is entitled for the reliefs against the Opposite parties as prayed for, if so from which Opposite party?
2. To what relief?

6.                No oral evidence has been let in by the parties.  But  on behalf of complainant Exs. A1 to A7 are marked.  On behalf of O.P.1 to 4 no documents are marked.       

7.                Heard arguments on both sides and considered written arguments filed by the Complainant.    

8.                Point No. 1. The admitted facts in this case are that the Complainant is an agriculturist and he raised Bengal gram crop in his Ac. 5.06 cents situated in Kasunoor Village, Simhadripuram Mandal, Kadapa District and he had raised Bengal gram crop during Rabi season 2012-13 and insured his crop with Agriculture Insurance Co. of India Ltd., by paying Rs. 1,500/- as insurance premium by way of demand draft on 31-12-2012 drawn on Andrha Pragathi Grameena Bank and the said demand draft was encashed on 11-9-2013.  It is further not in dispute that during Rabi season                2012-13 the Kadapa district is declared as drought hit area by the Govt. as per Ex. A7 including crop of Bengal gram.  It is also admitted by the Opposite parties that some of the farmers who raised Bengal gram crop in Simhadripuram Mandal, Kadapa District were paid insurance amount to their Bengal gram crop and the amount was remitted to their accounts.   But the claim of Complainant who raised Bengal gram crop had not been paid the insurance amount. 

9.                It is the consistent case of Complainant that he approached the Opposite parties 2 to 4, Agriculture officers who are concerned to include his name in the insurance claim. But they were dilly dallying on one pretext or other and not given proper reply about his claim of insurance.  As seen from Ex. A6 reply sent by O.P.4 that some of the farmer’s applications for insurance claim were sent to Agriculture Insurance Co. of India Ltd., i.e. O.P.1 through O.P.3 and their insurance claims were sanctioned and some of the applications are in scrutinizing stage and after scrutiny the sanctioning authority i.e. O.P.1 would sanction the amount.  Therefore, they are not concerned to sanction the insurance claim.  However, as seen from the counter of O.P.1 the claim in respect of Complainant is in process of finalization and the claim disbursal shall be released approval by the competent authority in the 2^nd installment of claims.  The apprehension of Complainant is that the authorities have not informed him about the inclusion of his name in the 2^nd list also, so he may not get insurance claim.  However, by the admission of O.P.1 it is clearly proved that the claim of Complainant has been received by them and it is under process of finalization as per norms of insurance disbursal shall be made by the competent authority i.e. O.P1 in the 2^nd list of eligible candidates.  It is alleged in the complaint by the Complainant that he approached even the O.P.1 but did not get proper information about sanction of insurance claim to him by the authorities.  He also issued notice as per Ex. A4 to all the Opposite parties on 2-12-2015 but O.P1 had not given any reply about the claim of Complainant. So, viewed in this angle there is some amount in deficiency of service on the part of O.P.1 in sending in the insurance claim of Complainant and giving information to him.  Viewed in this angle we hold that the Complainant is entitled for insurance claim on par with other farmers in that area as per norms from O.P.1 i.e. Agriculture Insurance Co. of India Ltd., Hyderabad.  Since, the Complainant had paid insurance premium for Ac. 5.06 cents for his Bengal gram crop and according to him Rs. 12,700/- was given to other farmers, who raised Bengal gram crop as insurance, he is also entitled Rs. 63,500/- as claimed.  Accordingly, point is answered.

10.              Point No. 2. In the result the complaint is allowed, directing the Opposite party No. 1 i.e. Regional Manager, Agriculture Insurance Co. of India Ltd., to pay insurance claim of Rs. 63,500/- (Rupees sixty three thousand five hundred only) to the Complainant or eligible amount on par with other farmers, who raised Bengal gram crop and paid insurance in the area of Complainant, whichever is less within 45 days from the date of receipt of this order.   The complaint against O.P.2 to 4 is dismissed. Rest of the claim of Complainant is dismissed. No costs.  

          Dictated to the Stenographer, typed my dictation by Stenographer, corrected and pronounced by us in the open forum, this the 2^nd June 2016

MEMBER                                         MEMBER                                   PRESIDENT

APPENDIX OF EVIDENCE

Witnesses examined.

For Complainant:         NIL                                             For Respondents :     NIL

Exhibits marked for Complainant  : -  

Ex.A1          Photocopy of D.D. Dated 31-12-2012.

Ex.A2          P/c of  Chart signed by A.O. dated 31-12-2012.

Ex.A3          P/c of Pattadar Passbook issued by Mangal Thasildhar, Simhadripuram, Y.S.R. District.

Ex.A4          P/c of  Register Letter dated 2-12-2015 along with postal receipts.

Ex.A5          Paper cutting Andhra Jyothi, Kadapa Edition Dt. 25-11-2015.

Ex.A6          Reply letter from Agriculture Office, Simhadripuram, Y.S.R. District,

                   Dated 18-12-2015.

Ex.A7          Photocopy of G.O. Rt. No.1148, Dt. 13-10-2012 issued by the Andhra Pradesh Government.

Exhibits marked on behalf of the O.P.1 to 4:-         

MEMBER                                            MEMBER                               PRESIDENT

Copy to :-

                             1)  P. Dhanujaya Reddy, S/o P. Lokabandhava Reddy,

                                  D.No. 2/70, Simhadripuram (Post and Mandal),

Pulivendula (Taluka), Kadapa District – 516 454

                             2) Sri C.K. Bramhaiah, Advocate for O.P.1

3. Sri P. Subramanyam, Govt. Pleader for O.P.2 to 4.

B.V.P