(1.) - These 11 revision petitions are being disposed of through this single order, as a common question of law and fact, involving the interpretation of the Scheme and guidelines of the petitioner Agriculture Insurance Corporation of India, related to crop insurance for the farmers, is involved in all these cases.
(2.) The revision petitions detailed in the heading above, have been filed u/s 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 29.02.2012, passed by the Karnataka State Consumer Disputes Redressal Commission (hereinafter referred to as 'the State Commission') in consumer complaints filed by the farmers, claiming compensation for damage to crops, due to rains/floods etc. As per this order, the order dated 29.12.2009, passed by the District Consumer Disputes Redressal Forum, Koppal, dismissing the said complaints, was set aside and the consumer complaints were allowed.
(3.) Briefly stated, the facts of the case are that the petitioner Agriculture Corporation of India Limited runs a Scheme known as the National Agricultural Insurance Scheme (Rashtriya Krishi Bima Yojana), under the aegis of the Ministry of Agriculture, Government of India, with the purpose to provide insurance coverage and financial support to farmers, in the event of failure of a notified crop, as a result of natural calamities etc. All farmers growing notified crops and availing Seasonal Agricultural Operations (SAO) loans from the financial institutions, known as the loanee farmers, are covered by the Scheme, whereas for other farmers, the Scheme was optional. The complainants in question are the Manager, Agriculture Service Cooperative Bank/Society and some farmers, being representatives of 291 farmers of Hanumanal, Hobli in Kustagi Taluka and they claimed crop insurance for Kharif 2002 ground-nut crop saying that they had availed crop loan of Rs. 18,96,550.00 for the ground-nut crop and paid a total premium of Rs. 56,705.00 through demand draft to the petitioner Agriculture Insurance Company of India. The complainants stated that the groundnut Kharif crop failed on account of less rainfall, and that the entire Kustagi Taluka was declared a drought affected area by the State Government. The farmers submitted a representation to the opposite parties/OPs which are the authorities of the State Government and also the petitioner Agricultural Insurance Company for the grant of compensation. The complainants filed the consumer complaints in question, seeking directions to the petitioner to award compensation of Rs. 18,96,550.00 along with compensation for mental agony together with interest. As per the facts stated in the consumer complaints, different farmers had sown different crops like groundnut, jawar, sunflower etc. and had taken different amounts of loan from the financial institutions for growing their crops. In the consumer complaints, therefore, a prayer has been made for the grant of the loan amount, along with the compensation.