I Date of Filing : 19. 1 1.2018 Date of Disposal :02. 09.2025 DISPUTES REpRESSAL COMMISSION.

KALABURGI CIRCUT BENCH PRESENT HON,BLE MT JUSTICE T G SHIVASHANKARE GoWDA:

PRESIDENT MTS DIVYASHREE M: LADY MEMBER sc/ cBt I 29 I RBT I Al L89o TO tAsz/ 2018 The Chief Executive Officer K & Y D.C.C Bank Ltd., Jagat, District Kalaburgi-595101 (By Mr Annaraya S Amare, Advocate)

(Appellant is same in all these Appeals) Appeltant -Versus-

1. Appeal No.189O/2018

1. Mr Mallikarjun S/o wtr Shivatingappa Age 40 years Occ: Agriculture, R/o Avarad(B) Viilage, Kalaburgi Tq. & District (By Mr Shashikanth S, Advocate for Respondent No.1)

2. The Chief Executive Officer Prathamika Krishi Pattina Sahakar Sangha Niyamita, Avarad(B) Viltage, Kalaburgi Tq. & District Respondents (Served Absent)

2. Appeal No.t891/2018

1. Mr Kalyani S/o Mr Mailari Age 44 years Occ: Agriculture, R/o Avarad(B) Vittage, Kalaburgi Tq. & District (By Mr Shashikanth S, Advocate for Respondent No.1)

2.The Chief Executive Officer Prathamika Krishi pattina Sahakar Sangha Niyamita, Avarad(B) Village, Kalaburgi Tq. & District (Served Absent) Respondents

3. Appeal No.1892/2018

1. Mr Hanif Sab S/o Mr Suleman Sab Age 42 years Occ: Agriculture, R/o Avarad(B) Vittage, Kalaburgi Tq. & District (By Mr Shashikanth S, Advocate for Respondent No.1)

2,The Chief Executive Officer Prathamika Krishi ^pattina Sahakar Sangha Niyamita, Avarad(B) Village, Kalaburgi Tq. & District (Served Absent) Respondents : ORAL COMMON ORDER:

PER: MT JUSTICE T G SHIVASHANKARE GOWDA:

PRESIDENT These Appeals are filed U/s 4t of Consumer Protection Act 2019 by the OP No.2. All these Appeals are arising out of identical question of Law, though individual Orders has been passed by District Consumer Disputes Redressal Commission, Kalaburgi (for short, the District Commission) in CC No.25, 24 and 26 of 2Ol8 respectively challenging the Order dated 06.08.2018.

2.

For the sake of convenience, the rank of the parties shall be referred to as per the status before the District Commission.

3.

Complainants in all these Appeals are different, but the OPs are one and the same. The issue in all these Appeals are identical in nature, viz., claiming of Crop Insurance. Hence, all these Appeals are taken up together for common disposal.

4. The brief facts of the cases are that, the Complainants are the residents of Avarad Village of Kalaburgi Taluk. They are the Agriculturists owning agricultural land at various Survey Numbers and they are also the Members of OP1 Society. Government has arranged crop loan to farmers through OP2 with insurance cover provided by OP3. In the year 2015-16, OP1 Society borrowed the Crop Loan of Rs.39,36,500.60 from OP2 Bank in respect of 122 farmers. At the time of disbursing the said loan, OP2 Bank has deducted the Bulk Crop Insurance Premium of Rs.98,913/-. OP1 is require to submit Declaration, RTC, sum assured and premium details of each of the farmers to OP2 Bank and in turn, OP2 has to forward the same to OP3. Thereafter, loan was disbursed to individual Farmers by OP1 Society. The last date for submission of the Application for Crop Insurance from OP3 was 31,10,2015. OP1 has not collected the details of the individual farmers and submitted to Op2 Bank, Op2 Bank did not submit the same to OP3 Insurance Company.

5.

During the said year, the crops was failed, loss assessment was made by the Agricultural Department, assessing that, the loss from 39.42, 5g and 600lo in respect of various farmers, which has been mentioned in the Impugned Order. When the farmers have made the claim for payment of the Insurance amount as assured, 2.

dispute arose between the Opsl & Op2 claimed that OP1 failed to submit details of the farmers as required under the stipulated Circular, it was not forwarded to the Insurance Company, thereby the claim for Insurance amount by the farmers was rejected. Aggrieved by the same, the farmers have preferred their respective Complaints before the District Commission.

6.

Before the District Commission, Op1, inspi