Date of Filing : 03.08.2019 Date of Disposal : 18.08.2022 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)

DATED:18.08.2022 PRESENT Mr K B. SANGANNANAVAR: JUDICIAL MEMBER Mrs DIVYASHREE M: LADY MEMBER APPEAL NO.1167/2019 SBI General Insurance Co. Ltd., Rep. by its Branch Manager

1st Floor, No.3/1, Rukmini Towers, No.3/1, Platform Road, Sheshadripuram, Bangalore-560020 (By Mr Manoj Kumar M.R Advocate) Appellant -Versus

1. Mr Rudramuni Reddy S/o Thipeeswamy Aged about 53 years, Occ:Agriculturist, R/at K.D.Kote, Challakere Tq., Chitradurga District -577522 (In person)

2. Corporation Bank Rep. by its Branch Manager, Challakere Branch, Bangalore Road, Challakere Chitradurga District -577522 Respondents -:ORDER:-

Mr K B. SANGANNANAVAR: JUDICIAL MEMBER

1. This is an Appeal filed under Section 15 of Consumer Protection Act 1986 by OP2 aggrieved by the Order dated 09.05.2019 passed in Consumer Complaint No.186/2019 on the file of District Consumer Disputes Redressal Forum, Chitradurga (for short, the District Forum).

2. The Commission examined the grounds of Appeal, impugned order and heard learned counsels.

3. Learned counsel for the Appellant/OP2 would submit that the District Forum has failed to understand the scheme, while passing the impugned order, since as per the scheme, it is the duty of the Respondent No.2/Corporation Bank to upload the proposal details in Samrakshana Portal. In other words to pay the premium against the farmer proposal number, since the payment was not done by the bank, the coverage was not issued under the scheme.

4. If we examine the impugned order could see, forum received Adahar card, Bank pass Book, Statement of Account, Proposal Form, Letter dated 28.11.2018 addressed to OP1 by Complainant and Records of Rights. Thus, these documents are alone placed and failed to produce documents to show that OP1 bank has uploaded proposal details in Samrakshna Portal and to show that the premium amount was paid against the farmer’s proposal. In this regard, learned counsel for the Appellant placed a reliance of the Hon’ble NCDRC in Revision Petition No.1013/2017, in the case of Bank of Maharashtra Vs Abhijit and connected matters, wherein it was held ‘In case, farmers are deprived of any benefits under the Scheme due to errors/omissions/commissions on the part of Branch/Nodal Branch, the concerned persons only shall make goods such losses”. Yet the Forum in haste, only on the basis of Ex-A4 proposal form, without appreciating the contents of letter dated 28.11.2018 addressed to OP1 Banker, directed OP2 who shown to have not received premium from OP1 Banker to pay Rs.2,45,600/- along with interest at the rate of 9% per annum from the date of complaint till realisation and directed OP1 to pay Rs.10,000/-

towards mental agony and Rs.5,000/- towards cost of the proceedings to the Complainant, does call for an interference. Accordingly, allowed the Appeal. Consequently, set aside the impugned order dated 09.05.2018 passed in CC No.186/2019 on the file of District Consumer Disputes Redressal Forum, Chitradurga and remanded back the matter to reconsider the case afresh affording opportunity to both the parties to adduce additional evidence if any and decide the case keeping in mind the principles laid down in the decision cited in the order as early as possible not later than 3 months from the date of receipt of the order. All contentions of the parties to the complaint are kept open.

5. Amount in Deposit is directed to be transfer to the District Commission for the needful.

6. Send a copy of this Order to the District Commission and parties concerned, immediately.

Lady Member Judicial Member *s