GENERAL MANAGER / MANAGER OLD NAME - GENERAL INSURANCE NEW DELHI Vs. S.VIJAYAKUMAR
LAWS(TNCDRC)-2008-3-15
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 25,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) Opposite parties 1 & 2 in O.P.No.2/2005 on the file of the District Consumer Disputes Redressal Forum, Nagapattinam, are the appellants herein. The matter relates to payment of crop insurance. The facts necessary for the disposal of the appeal are as under:- (a) The complainant an agriculturist and holder of Kisan Credit Card was entitled to avail credit limit from opposite party No.3 bank. In that scheme, the borrower should specifically mention the crop wise quantum amount in order that the bank would note down crop-wise particulars vis--vis credit limits approved. The details given by the farmer at the time of the withdrawal shall form the basis for coverage under National Agricultural Insurance Scheme (NAIS). The complainant sought a loan of Rs.18,000/- in July 2002 for cultivating Samba/Thaladi crops in his land. The sowing would start in August and harvesting would be done in January following. According to the complainant, he sought credit under Kisan Credit Card Scheme for Thaladi crop only. According to opposite parties 1 & 2 the credit sought was only for Kuruvai which was for the period from April to July. The whole question is whether the complainant's borrowing related to Kuruvai or Thaladi. According to opposite parties 1 & 2 Insurance Company the premium was received by them for Kuruvai and the failure of crops was during the Thaladi season and in such circumstances, the complainant would not be entitled to claim any compensation.
(2.) So far as opposite party No.3 bank was concerned, they chose to remain ex-parte.
(3.) The District Forum accepted the case of the complainant and directed opposite parties 1 & 2 together and the 3rd opposite party to pay a sum of Rs.8,181/- to the complainant. Challenging that opposite parties 1 & 2 have filed the appeal.;


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