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NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
D.K. Jain, President, Vinay Kumar and M. Shreesha, Members
MURLI PRASAD AND OTHERS - Appellants
Versus
ICICI GENERAL COMPANY LTD. - Respondent
Revision Petition Nos. 2061, 2058, 2059, 2060, 2062 to 2130 of 2014. against Order dated 28.1.2014 in Appeal Nos. FA/12/786, FA/12/783, FA/12/789, FA/12/785, FA/12/787, FA/12/788, FA/12/784, FA/12/791 to FA/12/799, FA/12/801 to FA/12/807, FA/12/814, FA/12/815, FA/12/818, FA/12/819, FA/12/821, FA/12/826 to FA/12/836, FA/12/839, FA/12/840, FA/12/841, FA/12/842, FA/13/04, FA/13/06, FA/13/07, FA/13/13 to FA/13/36, FA/13/41, FA/12/790 of Chhatisgarh State Consumer Disputes Redressal Commission.
Decided on : 26-05-2015
R.K. Bhawnani, Advocate, for the Appellant; Vishnu Mehra, Advocate, for the Respondent
The main legal point established in the judgment is the importance of relying on reliable and transparent temperature data for evaluating and settling insurance claims under the Pilot Weather Based Crop Insurance Scheme, and the court's emphasis on considering the nearest IMD data for this purpose.
Headnote:
Crop Insurance Scheme - Weather Based Crop Insurance Scheme - Pilot Scheme - Rabi 2008-09 - [AGRICULTURE] - [Pilot Weather Based Crop Insurance Scheme for Rabi 2008-09] - The court discussed the implementation of the Pilot Weather Based Crop Insurance Scheme for Rabi 2008-09 in relation to wheat crop in Durg District. The court examined the reliance on temperature data from Indian Meteorological Department (IMD) and National Collateral Management Services Ltd. (NCMSL) for determining insurance claims. The court held that the claims of the complainants should be decided on the basis of the nearest IMD data of the relevant period and directed the insurance company to settle the claims with reference to the IMD data within a specified time frame.
Fact of the Case:
The case involved the implementation of the Pilot Weather Based Crop Insurance Scheme for Rabi 2008-09 in relation to wheat crop in Durg District. Complaints were filed alleging that the insurance claims were not settled and the temperature records relied upon were not shared. The insurance company rejected the claims based on temperature deviations, leading to a dispute.
Finding of the Court:
The court held that the claims of the complainants should be decided on the basis of the nearest IMD data of the relevant period and directed the insurance company to settle the claims with reference to the IMD data within a period of three months from the date of the order.
Issues: The main issue revolved around the evaluation and rejection of insurance claims under the Pilot Weather Based Crop Insurance Scheme for Rabi 2008-09, specifically related to the reliance on temperature data from IMD and NCMSL.
Ratio Decidendi: The court's decision was based on the examination of the reliability and transparency of the temperature data relied upon by the insurance company for rejecting the claims. The court emphasized the need to consider the nearest IMD data for settling the claims and highlighted the provision for reliance upon an alternative competent agency as provided in the government notification.
Final Decision: The court allowed the revision petitions and directed the insurance company to settle the claims of the complainants with reference to the IMD data within a period of three months from the date of the order.
ORDER
Vinay Kumar Member - In the rainfed areas of agriculture in India, the farmer finds himself completely at the mercy of the elements. Survival of the crop is crucially dependent upon availability of the requisite moisture and ambient temperature, all through the agricultural operations from sowing to harvest. Fluctuations beyond limited tolerance levels, almost always prove fatal to survival of the crop. Even when the farmer is lucky with the quality of the seeds, pesticides micronutrients and other inputs, the growth and yield can still be destroyed by a long dry spell, temperature variations or excessive rain and flooding. In this background, Government of India and the Government of Chhattisgarh brought out an imaginative scheme under the caption Pilot Weather Based Crop Insurance Scheme for Rabi 2008-09. The notification issued by the State Government on 22.10.2008 gives details of this scheme. Being a Pilot Scheme, it is meant for a few crops and a few Districts only. Benefit under the Scheme is limited to non-loanee farmers. The Scheme is designed to be implemented through OP/ICICI Lombard General Insurance Company Ltd.
2. The Scheme is for implementation on area approach basis. Insurance premium for the same is to be borne in equal proportion by the Central and State Governments. Assessment of loss is to be made on fortnightly basis for damage suffered due to variation in average temperature and unseasonal rain. Under the Scheme the OP/ICICI Lombard is totally responsible for establishing and operating weather centres for monitoring of the temperature and rain parameters for the purposes of determination of loss.
3. The matter in these 73 Revision Petitions before us arose from implementation of this Scheme in relation to wheat crop in Durg District in Rabi 2008-09 crop season. Complaints were filed before District Consumer Disputes Redressal Forum, Durg alleging that neither the claims were settled nor the details of temperature record relied upon were shared with them. Therefore, the Complainant had relied upon the data obtained from Indian Meteorological Department (IMD). Durg, District does not have an IMD monitoring station and therefore, temperature records of IMD Raipur for the period 1.1.2009 to 31.3.2009 have been relied upon by the Complainants. As per the Complaint Petition, daily variations in increase of temperature, as compared to the bench mark figures of the OP, are higher than the figures relied upon by the OP/Insurance Company. It is alleged in the complaint petitions that the OP/Insurance Co, has provided a 'manipulated chart and shows by lowering the low rise in temperature'. The Complainants had therefore prayed that insurance claims should be paid as the policy condition of rise in temperature in this period is fulfilled.
4. In response to the above allegation in the Complaint, OP/ICICI Lombard General Insurance Company filed a very brief and non-detailed Written Statement before the District Forum, which reads as follows:-
"The Non-applicant ICICI Lombard General Insurance Company submits written statement as under:-
That, as per the statement of para 1 & 2 of application this applicant is having weather policy, policy no.407183 effective between the date 01/01/2009 to 31/03/2009 issued as per terms and condition of policy for which applicant insured had paid Rs. 1260 to Insurance Company for 20 unit purchased at the rate of Rs. 63 per Unit. The non applicant denies that on increase of temperature the compensation of Rs. 3750/- is to be paid and also denies the rest statement in the absence of information and documents the applicant himself have to prove by present authentic documents the application had not qualified for the compensation as per terms and condition of policy hence the claim denied. The non applicant insurance company has rightly rejected the claim is not giving any false statement and excuse for non payment of compensation.
That the statement of para 3 and 4 is denied in the ab
