Haryana

Bhiwani

CC/197/2022

Raj Kuamr - Complainant(s)

Versus

Aggriculture ins. - Opp.Party(s)

in person

14 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 197 of 2022

                                                                Date of Institution    : 13.09.2022

                                                                Date of decision:      : 14.06.2024

 

Raj Kumar son of Sh. Jug Lal R/o H.No.10, Ward No.01, Gaindawas, Tehsil and District Bhiwani.

...Complainant. 

 

                                                    Versus.

1. Agriculture Insurance Company Office, Block-1, 5^th Floor, Plate-B & C East Kidwai Road, Ring Road, New Delhi-110023

 

2. Deputy Director Agriculture and Farmer Welfare Officer, Bhiwani.

 

...Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms. Shashi Kiran Panwar, Member.

Present:        Complainant in person.

Sh. Mukesh Jangra, Advocate for OP No.1.

Sh. Anuj, Project Officer on behalf of OP No.2.

  

                                                  ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER.

1.                 Brief facts of this case are that complainant had taken land on base basis from Sh. Ramjas son of Harphool for the year 2020-21 and thus he was in cultivating possession of the land to the extent of ½ share comprises in Khewat No.271 Khatoni No.297 total land measuring 37 kanals, 16 marlas situated within the revenue estate of village Gaindwas, Tehsil Siwani and District Bhiwani. It is stated that he sown Chana Crop in the land for Rabi Season 2020 and the crop was got insured  from OP No.1 on 29.12.2020 for land measuring 1.26 hectare by paying a premium of Rs.607.14p and total sum insured was Rs.40476.24p. under Pradhan Mantri Fasal Bima Yojana.  It is stated that the crop completely damaged, complainant informed the OP by submitting all necessary documents for insurance claim. Survey was conducted by OP No.2 and prepared a report but the claim amount was not disbursed to complainant despite repeated requests to OPs as well as at C.M. Window. Hence, the present complaint has been preferred alleging deficiency in service on the part of Ops resulting into monetary loss as well as mental and physical harassment to him. In the end, prayer has been made to direct the Ops to pay Rs.40476/- alongwith interest @ 18% from March 2020 till its realization. Further to pay Rs.1.00 lac as compensation for harassment besides Rs.11,000/- towards litigation expenses. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared and filed separate written statement.  OP No.1 filed their written statement and admitted that the Bengal Gram (Chana) of complainant was insured for Rabi 2020-2021. It is submitted that as there was short fall in the actual crop yield of insured crop in the village Gaindawas, therefore, area approach claims of Rs.30813.81p. has already paid on 05.11.2021 to the complainant farmer as per PMFBY Scheme and now no other claim is payable under the scheme.  As such denied for any deficiency in service on the part of answering OP and prayed for dismissal of complaint with costs.

3.                 OP No.2 in its W.S. submitted that after preparing data of loss to the Chana crop during Rabi 2020-2021, it was sent to the Agriculture Headquarters at Panchkula and from there it was sent to concerned insurance companies. Thus the claim of complainant payable, if any, to be claimed from OP No.1 insurance company. It is stated that as per their assessment, loss to the crop comes to  Rs.24455.40p. per hectare.  As such, denied for any deficiency in service on their part and prayed for dismissal of the complaint with costs.

4.                 Ld. counsel for complainant tendered in evidence affidavit of complainant as Annexure CW1/A alongwith documents Annexure C-1 to Annexure C-3 and closed the evidence on 12.09.2023.

5.                 On the other side, learned counsel for OP No.1 tendered in evidence affidavit Ex. R1 of Sh. Ravish K. Lohia, Deputy Manager (Legal) and documents Annexure RA to Annexure RL and closed the evidence on 02.04.2024.

6.                 On behalf of OP No.2, the then representative made a statement that written statement already filed on their behalf may be read into their evidence and closed the evidence.

7.                 We have heard learned counsel for OP No.1 as well as complainant and OP No.2 and perused the record carefully.

8.                 At the outset, it has come out that Bengal Gram (Chana) crop of complainant was insured and there was shortfall in the yield during rabi season 2020-2021 and allegedly claim of Rs.30813/- was by OP No.1 insurance company to complainant on 05.11.2021.  It is admitted by OP insurance company  as well as is proved from insurance cover note that area insured of complainant was 1.26 hectare and sum insured for the crop was Rs.40476.24p. As per version of OP No.2 Agriculture Department, loss to the Chana crop was Rs.24455.40p. per hectare.  As such, total loss caused to the complainant comes to the tune of Rs.30,813/-. The OP No.1 has asserted that it has already paid the claimed amount to the complainant thus no amount is payable by the OP insurance company but on the contrary, complainant is denying this version of OP and has categorically stated that he has not received a single penny. The OP insurance company has failed to place on record any authentic document which could prove that the alleged amount has been paid to the complainant despite giving various opportunities to the OP No.1, however, it has placed on record a payment slip annexed with Annexure RE which shows payment successful but does not show as to how much amount was paid, therefore, this slip is not trustworthy qua any payment made to complainant.  

9.                 In view of above discussion, the complaint is allowed and OP No.1 insurance company is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.30,813/- (Rs.Thirty thousand eight hundred thirteen) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.10,000/- (Rs.Ten thousand) as compensation on account of harassment including litigation expenses.  

                    In case of default, the OP No.1 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default.                               If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties No.1 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:14.06.2024