A.K.ANNAMALAI, J. - (1.) Unsuccessful complainant is the appellant.
(2.) Complainant filed a complaint against the opposite parties claiming for direction to pay Rs.1,05,000/- towards the crop insurance and Rs.1,00,000/- as compensation for deficiency of service and mental agony for costs.
(3.) The complainant is a farmer obtained cultivation loan from the 1st opposite party for more than number of years and regularly repaid the loans and as usual for the crop year 2004-05 obtained Samba Crop loan from the 1st opposite party for Rs.1,50,000/- on 12.8.04. The amount was paid on or before 11.04.05. The 1st opposite party deducted crop insurance premium from the loan amount with assurance to pay to the 3rd opposite party. Between October to December 2005 complainant?s crop completely damaged due to heavy floods and the loss was estimated at 72%. The 1st opposite party has to reimburse the loss to the extent of 72% from the loan amount. Except the complainant the other farmers who obtained the loan for the year 2004-05 were benefited. The 1st opposite party has not responded the request of the complainant and the 2nd opposite party forwarded the complaint to the 1st opposite party and the petition to 4th opposite party was also forwarded, but they have not responded. Hence advocate notice was sent to the 1st and 2nd opposite parties. 1st opposite party replied with evasive reply. Insurance premium collected by the 1st opposite party was not remitted to the 3rd opposite party. Hence opposite parties 1 to 3 have committed deficiency of service. Hence the complainant could not get the benefits of the insurance and come forward with the consumer complaint.;