SBI GENERAL INSURANCE CO. LTD Vs. BADRINARAYAN

JUDGEMENT

(1.) This Revision Petition has been filed against the impugned Order dtd. 13/7/2018 passed by the Ld. State Consumer Disputes Redressal Commission, Rajasthan in Appeal No. 234/2018 vide which the Order of the Ld. District Forum allowing the Complaint filed by the Respondent No. 1 was upheld.

(2.) The factual background, in brief, is that the Complainant/Respondent No. 1, whose land stands mortgaged with the Opposite Party No. 1/Respondent No. 2/Bank, held Kisan Credit Card No. 0872008800006740. On 9/1/2015, the Bank debited Rs.4,875.60 from this KCC and remitted it to the Opposite Party No. 2/Petitioner/Insurance Company as premium for Rabi 2015 crop insurance covering the entire mortgaged land, making the Complainant a Consumer of both the Opposite Parties. After a hailstorm, the Patwari's Girdawari (loss report) dtd. 11/5/2015 recorded damage to 8 bighas 17 biswa out of 14 bighas 1 biswa under Wheat and to 17 bighas 19 biswa out of 33 bighas 17 biswa under Mustard. Applying normal yields of 10 quintals of Wheat per bigha at the State MSP of Rs.1,440.00 per quintal, the Wheat loss comes to Rs.1,27,440.00 and applying 5 quintals of Mustard per bigha at the MSP of Rs.3,600.00 per quintal, the Mustard loss is Rs.4,50,540.00. Despite the premium deduction and the official loss report, no claim amount has been paid, which the Complainant contends amounts to deficiency in service and unfair practice. Aggrieved with the acts of the Opposite Parties, the Complainant filed his Complaint before the Ld. District Forum, Tonk.

(3.) The District Forum vide its Order dtd. 19/12/2017 allowed the Complaint and directed the Petitioner to pay to the Complainant the compensation as per Patwari's Report after deduction of Rs.15,149.49 that was already paid @ 9% p.a., along with Rs.10,000.00 towards mental agony and Rs.2,500.00 towards litigation costs. The Petitioner then filed its Appeal before the Ld. State Commission, which vide the impugned Order dtd. 13/7/2018, dismissed the same and affirmed the Order of the District Forum.