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KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE
Ravishankar, Presiding Member and Sunita C. Bagewadi, Member
The Manager Pragathi
Krishna Gramin Bank —Appellant
versus
Tayavva W/o Basappa
Gulagannavar and Anr. —Respondents
First Appeal Nos.1013/2018 to 1023/2018
Decided on 30.9.2022
Consumer Protection Act, 1986 – S.15 [Consumer Protection Act, 2019 – S.41] – Appeal Against order of District Commission - Services – Insurance – Repudiation of Claim - Crop Insurance - Mistake in Data - “Pradhan Mantri Fasal Bhima Yojana” – Entering Wrong Data – By Bank – Liability of Bank - In the facts of the present case, it is an evident that due to the mistake in Samrakshane Portal, Appellant Bank has entered name of crop wrongly i.e., “Green Gram” instead of “Maize” in spite of receiving insurance premium of Rs.1,289/-, Rs.1,162/-, Rs.1,287/-, Rs.912/-, Rs.2,698/-, Rs.1,651/-, Rs.1,240/-, Rs.1,940/-, Rs.5,569/-, Rs.1,104/- & Rs.4,733/- respectively as premium for Maize crop. It is also an evidence that since the correction was not done within due date, Respondent No.2 not able to consider the request of Respondent No.1 in both cases as per guidelines of scheme & as per the terms and conditions of the policy. For the mistake in data, Appellant Bank is liable for compensation - But acting as an agent, it is also Appellant’s duty to enter correct data of the persons who have taken the crop insurance from Insurance Company within time. Moreover it is not a small mistake and Appellant’s Bank cannot discharge his liability - It is clear cut mistake of Appellant Bank. Hence Respondent No.1 in all the cases are entitled for the assured insurance amount towards loss of Maize crop not the loss of Green Gram - Appeal No.1013/2018 to Appeal No.1023/2018 are dismissed. [Paras 9, 10]
Result: Appeal dismissed.
ORDER
Sunita C. Bagewadi, Member—The Appellant/OP-1 filed these eleven (11) appeals being aggrieved by the order dated 21.05.2018 passed by Koppal District Consumer Commission in C.C.No.69/2017 to 79/2017 respectively which allowed the complaints filed by the complainants.
2. The brief facts of the cases are that, all the complainants have alleged that they have availed a crop insurance policy during the year 2016-2017 under “Pradhan Mantri Fasal Bhima Yojana” from Opposite Party No.2 through the Opposite Party No.1 bank for Maize crop on the date and receipt shown in Col.No.5 and has paid the premium as shown in Col. No.6. All the complainants have paid the premiums as per their sowing area in their lands. During that year there was shortfall in the yield of crop due to scanty rainfall. The Opposite Party No.1 received the crop insurance premium from these complainants on different dates for Maize crop and after entering the data into the computer, they have approved the same and also they sent the premium to the Opposite Party No.2 insurance company. But the Opposite Party No.2 informed that the Opposite Party No.1 has sent the crop insured farmers list on 30-8-2016 in which instead of mentioning crop as “Maize” wrongly mentioned as Green gram. Therefore, the Opposite Party No.2 instead of paying crop insurance amount for maize crop released crop insurance for green gram as per Col.07 which is meager. So due to the negligence act of the Opposite Party No.1 bank, all these complainants/Farmers have sustained huge loss. Therefore, all the complainants have claimed the insurance amount towards maize crop as shown in Col. No.8 and they have also claimed compensation towards mental agony and deficiency in service and the cost of proceedings. On 01-08-2017 the complainants have got issued legal notice through their counsel to the Opposite Party No.1, the notice was served upon the Opposite Party No.1, but the Opposite Party No.1 has not replied to the notice. The details claims of crop insurance of the complainants/farmers are as follows:—
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
| CC. No. | Name of the complainant | Survey Number & village, | Extent of land | Receipt No. date& Crop | Premium paid for Maize Crop(In Rs.) | Crop Insurance amount paid for green gram crop (In Rs.) | Total insurance amount to be paid for Maize cop. (In Rs.) | Compensation for mental agony + deficiency in service + and cost of the proceedings |
| 69/2017 | Smt. Tayavva W/o. Basappa Gulaggannavar | 114/C P2 115/C P2 116/C P2 117/C P2 | 32 guntas 32 guntas 30 guntas 37 guntas | 855381 & 853605 29-7-2016 Maize | 614 + 659 = 1289-00 | 3818-00 | 62880-00 | 25000 + 25000 + 500 Total = 55000 |
| 70/2017 | Smt. Laxmavva W/o Yallappa Gulaggannavar | 10/4 | 03 acres 01 guntas | 979555 27-7-2016 Maize | 1162-00 | 4675-00 | 58080-00 | 25000 + 5000 Total = 55000 |
| 71/2017 | Smt. Laxmavva W/o Channappa Gulaggannavar | 15/3 | 3 acres 14 guntas | 909716 26-7-2016 Maize | 1287-00 | 5177-00 | 64500-00 | 25000 + 5000 Total = 55000 |
| 72/2017 | Basavaraddeppa @ Basavaradii S/o. Sanganaa- basappa, Muddaballi | 22 | 2 acres 15 guntas | 991747 28-7-2016 Maize | 912-00 | 3670-00 | 45600-00 | 25000 + 5000 Total = 55000 |
| 73/2017 | Smt. Geeta W/o. Basavaraj Sajjan | 379/C 340/C | 3 acres 3 guntas 4 acres 6 guntas | 765316 25-7-2016 Maize | 2698-00 | 10358-00 | 134880-00 | 25000 + 5000 Total = 55000 |
| 74/2017 | Shivaradeeppa S/o Guradeeppa Halyal | 211 | 4 acres 12 guntas | 784156 25-7-2016 Maize | 1651-00 | 6645-00 | 82560-00 | 25000 + 5000 Total = 55000 |
| 75/2017 | Basappa S/o Mallappa Hurali | 488/C + E 489/C | 1 acres 38 guntas 1 acres 2 guntas | 959905 28-7-2016 Maize | 1240-00 | 4518-00 | 56160-00 | 25000 + 5000 Tot |
Mistake in Data - For the mistake in data, Appellant Bank is liable for compensation.
Mistake in Data - For the mistake in data, Appellant Bank is liable for compensation.
Banks under PMFBY are accountable for accurate reporting of insured details, with liability for misreporting leading to claim denials.
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