BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

F.A.No. 414 OF 2021 AGAINST ORDERS IN C.C.153/2018 DISTRICT CONSUMER COMMISSION, ADILABAD Between:

M/s Cholamandalam MS General Insurance Ltd., Rep. by its Regional Manager/Person Incharge, 2^nd Floor, Dare House No.2, NSC Bose Road, Chennai, Through Legal Manager, M/s Cholamandalam MS General Insurance Ltd., 3rd Floor S.R.Arcade, Parlance, Secunderabad.

……..Appellant/Opposite Party And:

G.Laxmi Bai, W/o Bhumanna, Age 56 years, Occ.:Agriculture, R/o Siddur Village, Mdl Bhainsa, Dist Nirmal, Pin 504103. ……..Respondent/Complainant Counsel for the Appellant/Opposite Party : M/s.S.Sravan Kumar Counsel for the Respondent/Complainant : M/s. KRR Associates K. Rajeshwar Rao QUORUM :

HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER – (JUDICIAL)

THURSDAY, THE 21st DAY OF MARCH TWO THOUSAND TWENTY FOUR **********

Order : (PER HON’BLE SMT. MEENA RAMANATHAN, I/c PRESIDENT) 1. This appeal is filed by the Appellant/Opposite Party U/s. 41 of the Consumer Protection Act, 2019, praying this State Commission to set aside the impugned order of the District Commission, Adilabad, dated 12.11.2020 passed in CC No.153/2018 and allow this appeal with costs in the interest of justice.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellant is the Opposite Party and Respondent is the complainant in the C.C. No.153/2018.

3. The succinct facts of the complaint are that the complainant is the owner and possessor of agriculture land to an extent of Acre 1.00 guntas in Sy.No.49/A/1 situated at Shivar Siddur Mandal, Bhainsa, Dist.Nirmal and she is cultivating the said land. She had sown Black Gram crop in her land to an extent of Ac.1.00 gts in the month of June’ 2017 of the Khariff season 2017-2018. The opposite party agents approached her and requested to insure the said crop sowed in the said land, under the policy namely “Pradhan Mantri Fasal Bheema Yojana” introduced by them. Accordingly, she paid the policy premium amount of Rs.220/- to the said crop sowed to an extent of Ac.1.00 gts. i.e. Rs.220/- per acre, through DD, bearing No.329159, dated 31.07.2017 of Andhra Bank, Bhainsa Branch to the opposite party and the same was encashed by the opposite party and then issued insurance policy to her. After ensuring the Black Gram Crop in her land for the Kharif Season 2017-2018, she invested an amount of Rs.15,000/- per acre totaling to Rs.15,000/- towards purchasing Black Gram seeds ploughing the agriculture land, sowing the seeds, labour charges, fertilizers and pesticides. As there was a long dry spell during August-September month entire Black Gram Crop was totally damaged and resulted in no yield. On his reporting about the damage of crop, the opposite party and the agriculture Officer inspected crop of the complainant and others, found that the damage is due to less rain fall and the same was published in the Eenadu News paper.

The Complainant further submits that the Mandal Agriculture Officer issued the crop damage certificate, basing on which she made the claim to the opposite party through the Agriculture Officer and she also orally requested the opposite party by making a phone call, but the opposite party did not respond to settle the claim. The acts of the opposite party amounts to deficiency of service, hence the complaint.

4. The opposite party filed their written version denying the averments/allegations mentioned in the complaint by the complainant para wise specifically by stating that they do not admit and denies that it has insured the Black Gram Crop of the complainant in the month of June’ 2017 in his agriculture land to an extent of Ac.1.00 guntas in Sy.No.49/ , situated at Sivar Siddur, Mandal Bhainsa, Dist. Nirmal in Kharif Season 2017-2018, under “Pradhan Mantri Fasal Bheema Yojana” introduced by them. It is denied that the agents of the opposite party approached the complainant and requeste