STATE CONSUMER DISPUTES REDRESSAL COMMISSION KERALA FIRST APPEAL NO. SC/32/A/492/2023 AGRICULTURE INSURANCE COMPANY OF INDIA PRESENT ADDRESS - HEAD OFFICE FIFTH FLOOR EAST KIDWAI NAGAR NEWDELHI

110023 ,KERALA.

AGRICULTURE INSURANCE COMPANY OF INDIA REGIONAL OFFICE PRESENT ADDRESS - 8 TH FLOOR CARMEL TOWERS VAZHUTHACAUD THIRUVANANTHAPURAM 695014 ,KERALA.

.......Appellant(s)

Versus SUDARSANAN K P PRESENT ADDRESS - KONTHIPARAMBIL HOUSE KALLARA SOUTH P O VAIKKOM KOTTAYAM 686611 ,KERALA.

.......Respondent(s)

BEFORE:

HON'BLE MR. JUSTICE SRI.B.SUDHEENDRA KUMAR , PRESIDENT FOR THE APPELLANT:

NEMO FOR THE RESPONDENT:

NEMO DATED: 25/07/2025

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL No. 492/2023 JUDGMENT DATED : 25.07.2025 (Against the order in C.C.No.189/2021 on the files of DCDRC, Kottayam)

PRESENT:

HON’BLE JUSTICE SRI. B. SUDHEENDRA : PRESIDENT KUMAR SRI. AJITH KUMAR D. : JUDICIAL MEMBER SRI. K.R. RADHAKRISHNAN : MEMBER APPELLANTS:

th

1. Agriculture Insurance Company of India Ltd., Head Office, 5 Floor, East Kidwai Nagar, New Delhi-110 023 th

2. Agriculture Insurance Company of India, Regional Office, 8 Floor, Carmel Towers, Vazhuthacaud, Thiruvananthapuram-695 014 (by Adv. Sreevaraham G. Satheesh)

Vs.

RESPONDENTS:

1. Sudarsanan K.P., S/o Prabhakaran, Konthiparambil House,Kallara South P.O., Vaikkom, Kottayam – 686 611 (by Adv. Narayan R., Amicus Curiae)

2. Agricultural Officer, Krishi Bhavan, Kallara South P.O., Kottayam-686

611

JUDGMENT

HON’BLE JUSTICE SRI. B. SUDHEENDRA KUMAR : PRESIDENT The appellants are the opposite parties 1 and 2 in C.C.No.189/2021 on the files of the District Consumer Disputes Redressal Commission, Kottayam (for short, “the District Commission”).

2. The complainant is a farmer. He along with 53 other farmers cultivated paddy in a paddy field having an extent of 253 acres and 23 cents. The said paddy field is known as Malikkary Padashekharam in Kallara village. The first opposite party is the insurer of the paddy field, having an extent of 2 hectares cultivated by the complainant. The second opposite party is the regional office of the first opposite party and the third opposite party is the Agricultural Officer of Kallara Krishi Bhavan. The complainant insured his paddy cultivation for Rs.1,60,000/-(Rupees One Lakh Sixty Thousand only) under Pradhan Manthri Fasal BhimaYojana (for short, ‘PMFBY’) after paying an amount of Rs.2,400/- as premium for the year 2020. On 05.04.2020, when the paddy was ripe for harvest, there was heavy rain and tempest within the limits of the Kallara Krishi Bhavan and as a consequence, 96.2 hectares of paddy cultivation in Malikkary padasekharam was totally destroyed. The matter was immediately informed to the insurance company and the third opposite party. On

05.04.2020, the third opposite party visited the site and reported the matter to the Government of Kerala. Sri. Sibichan, who was the investigator appointed by the insurance company, also visited the site and filed a report stating that the paddy cultivation was totally devastated in the heavy rain and wind occurred on 05.04.2020. Thereafter, the first and the second opposite parties had given an amount of Rs.3,910/- (Rupees Three Thousand Nine Hundred and Ten only) to the complainant on 08.04.2021. The sum insured for the loss of crops as assessed by the opposite parties was not paid. In the said circumstances, the complaint was filed alleging deficiency in service on the part of the opposite parties.

3. The first and the second opposite parties filed a joint written version contending that the Government of Kerala as per G.O.(Rt) No.615/2019/AGRI dated 05.07.2019 issued notification for the implementation of PMFBY propounded by the central government for insurance of notified crops in the notified area as per the provisions of the scheme detailed by the Government of India, Ministry of Agriculture and Farmer Welfare, in PMFBY Operational Guidelines-Revised. The first opposite party is the des