GODAVARI GRAMMENA BANK Vs. TEJA POULTRY FARM
LAWS(APCDRC)-2003-3-13
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 12,2003

GODAVARI GRAMMENA BANK Appellant
VERSUS
TEJA POULTRY FARM Respondents

JUDGEMENT

C.P.SURESH,MEMBER - (1.) THE unsuccessful opposite parties 1 and
(2.) ARE the appellants before this Commission. 2. The facts in brief are on the application of the complainant, the second opposite party sanctioned a loan of Rs. 11,30,000/ - for running a poultry farm of 10,000/ - birds and an amount of Rs. 6,00,648.50 ps. was disbursed to the complainant. A comprehensive policy was taken to cover the risk of the sheds in which the poultry farm is to be located and opposite parties 1 and 2 undertook to pay the premium towards the live stock and sheds. Opposite Party No. 1 has deducted Rs. 5,810/ - on 7.5.1996 towards premium for the live stock and paid it to opposite party No. 3. On 16.10.1996 a further amount of Rs. 837/ - was debited to the account of the complainant towards the premium for the sheds.
(3.) ON 6.11.1996 the sheds were damaged during the cyclone, that occurred on the intervening night of 6th/7th November, 1997, damaging the live stock and the sheds completely. The claim for damage of live stock was settled at Rs. 60,000/ - and was paid away. The opposite parties 1 and 2 have estimated the damages to the sheds at Rs. 3,10,000/ -. Opposite parties 1 and 2 filed their written version stating that the responsibility for insuring the assets is solely on the borrower and that the Bank respresented by its Chairman entered into Grameena Package Master Policy Agreement, with the third opposite party represented by its Divisional Manager, on 11.4.1996 and as per the terms of Clause 7 of the said Agreement, the Bank debited the insurance premium of Rs. 848/ - to the account of the complainant on 16.10.1996 and filled Annexure -I with various premia of different loan amounts and sent it to opposite party No. 3 on 4.11.1996. On intimating to the third opposite party about the cyclone, a Surveyor was deputed and the liability is on the part of the third opposite party to settle the claim.;


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