ORDER :

A.M. Bennur, Member

This appeal is filed under Section 15 of the C.P. Act, 1986 by the Opposite Party in complaint No. 106/2008 on the file of District Consumer Forum, Tumkur aggrieved with the order dated 4.2.2010.

2. The brief facts of the case are as under:

Complainant got insured her crop with OP1. Opposite party No. 3 is the nodal bank which used to collect the premium from the farmers like complainant and pay to the opposite party No. l. For the relevant Khariff season of 2006 complainant suffered the loss due to the failure of the crop which she has raised in her land. Immediately she brought the said fact to the notice of the opposite party, but there was no response from the opposite party. Opposite party has contended that the failure of the rain was the reason for the failure of the crop like ground nut. No fault lies with them. Complainant felt there is a deficiency in service on the part of opposite party. Accordingly field the complaint.

3. On appearance OP1 filed the version mainly contending that complainant took the insurance policy under NAIS scheme. The liability vests with the opposite party if there is a shortfall of yield in the income. But as per the recor