BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 206 of 2020.
Date of Institution : 21.09.2020.
Date of Decision : 06.06.2024.
Bansi Lal son of Shri Devi Lal, resident of village Shahpuria, Tehsil Nathusari Chopta, District Sirsa, Haryana.
……Complainant.
Versus.
1. Agriculture Insurance Company, Plate B&C, 5th Floor, Office Block 1, East Kidwai Nagar, Opp. AIIMS Gate 2, New Delhi- 110023.
2. HDFC Bank through its Manager, S.R.B Building, Janta Bhawan Road, G.P.O. Sirsa, Haryana.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. Parveen Godara, Advocate for complainant.
Sh. A.S. Kalra, Advocate for opposite party no.1.
Sh. Ravinder Chaudhary, Advocate for opposite party No.2.
ORDER
The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of the complainant is that he is an agriculturist and is having agricultural land in village Shapuria, District Sirsa. He is having Kisan Credit Card account with op no.2 bearing account number 50200001900932. That as per crop insurance scheme, the op no.2 deducted premium amount of Rs.6694.84 from the account of complainant for insurance of his cotton crop of Kharif, 2019 season in around 10 acres of land and deposited the said amount with op no.1 and in this way complainant got insured his said cotton crop of Kharif, 2019 with op no.1 through op no.2. It is further averred that cotton crop of complainant of Kharif, 2019 was damaged and other farmers have received insurance claim at the rate of Rs.12,000/- per acre but complainant has not received any insurance claim which is only negligence on the part of ops and they have caused unnecessary harassment and deficiency in service to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that crop of complainant was not insured during Kharif 2019 season as no coverage details of complainant farmer are available on the NCI portal under PMFBY scheme. Thus, no claim is payable to the complainant for the above mentioned season and only op no.2 is liable to pay compensation, if any to the complainant for not uploading his data on the portal as per clause 17.2 of operational guidelines of PMFBY and prayer for dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written version and submitted that bank has debited the amount of Rs.6694.84 from the account of complainant and has credited the same to the account of op no.1 as premium of insurance. As per clause 6.3.1 of revised operational guidelines of PMFBY, the aadhar had been made mandatory for availing crop insurance from Kharif 2017 season onward. As such detail regarding complainant could not be uploaded on the portal of insurance company due to mismatch of aadhar card. The complainant was informed by SMS at 18.43 on 12.09.2019 which was received by complainant at 18.47 that the answering op was unable to update the crop insurance details in the portal as the details of aadhar card provided by him were not matching with the records of UIDAI and was advised to visit the nearest branch of the bank to update latest aadhar card details to avoid the loss. It is also submitted that complainant has never approached the answering op with any complaint. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.2 made.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C7.
6. On the other hand, op no.2 has tendered affidavit of Sh. Gagan Pal Singh, Assistant Manager as Ex.R1 and document Ex.R2. Op no.1 has tendered affidavit of Sh. Jaspal Singh Khurmi Regional Manager as Ex.R3 and documents Ex.R4 to Ex.R13.
7. We have heard learned counsel for the parties and have gone through the case file.
8. From the statement of account of complainant Ex.C5, it is evident that on 29.06.2019 premium amount of Rs.6694.84 was deducted by op no.2 bank from the account of complainant as insurance premium for insurance of his cotton crop of Kharif, 2019. According to op no.2 bank, said premium amount was transferred to the account of op no.1 insurance company for insurance of his cotton crop of Kharif, 2019, however, detail regarding complainant could not be uploaded on the portal of insurance company due to mismatch of aadhar card and complainant was informed this regard through SMS on 12.09.2019 at 18.43 p.m. which was received by complainant at 18.47 p.m. In this regard op no.2 bank has also placed on file aadhar mismatch SMS sent by op no.2 bank to the complainant on 12.09.2019 at 18.43 which was received by complainant at 18.47. However, there is nothing on file to prove that complainant ever visited nearest branch of the bank for updating his aadhar details with the op no.2 bank. The complainant has not received insurance claim for the damage of his cotton crop of kharif, 2019 for his own fault and lapses and none of the ops is deficient in service in this regard and as such complainant is not entitled to any claim from any of the ops because as per operational guidelines of PMFBY for uploading data on NCI portal, the updated aadhar card is mandatory but details of complainant could not be uploaded on the portal due to non availability of updated aadhar card of complainant.
9. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 06.06.2024. District Consumer Disputes
Redressal Commission, Sirsa.
