BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 214 of 2020.                                                                         

                                                           Date of Institution :    05.10.2020.

                                                          Date of Decision   :    24.05.2024.

Krishna Devi,  aged 52 years wife of Shri Bhajan Lal, resident of village Baruwali-II, Dhani Barwali, Tehsil Nathusari Chopta, District Sirsa.

                                ……Complainant.

                             Versus.                              

1. Agriculture Insurance Company (AIC), Plate B & C, 5th Floor, Office Block I, East Kidwai Nagar, Opp. AIIMS Gate, New Delhi- 110023, through its Managing Director/ authorized person.

2.  State Bank of  India, through its General Manager at Chandigarah.

3. State  Bank of India, Madhosinghana Branch, Tehsil and District Sirsa, through its Branch Manager.

4. Deputy Director, Agriculture and Farmers’ Welfare Department, Sirsa, District Sirsa.

...…Opposite parties.

            Complaint under Section 35 of the Consumer Protection Act, 2019.

BEFORE:  SH. PADAM SINGH THAKUR ………………PRESIDENT                                   

                  MRS.SUKHDEEP KAUR………………………MEMBER.                                   

                    SH. OM PARKASH TUTEJA…………………MEMBER          

Present:       Sh. M.R. Beniwal, Advocate for complainant.

                   Sh. A.S. Kalra, Advocate for opposite party No.1.

                   Sh. Rakesh Babbar, Advocate for opposite parties no.2 and 3.

                   Sh. Satish Kumar, Statistical Assistant for opposite party no.4.

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 complainant had taken crop loan under Kissan Credit Card scheme from op no.2 through KCC account number 31122923816. He is owner in possession of land measuring 37 kanals 14 marlas comprised in Khewat No. 286, Khatuni No. 450 as per jamabandi for the year 2017-2018 and said land was/is mortgaged with op no.2. That on 11.07.2019 as per crop insurance scheme, op no.2 deducted a sum of Rs.2482/- as insurance premium for insurance of his crop of Kharif, 2019 and transferred this amount in the account of op no.1. It is further averred that cotton crop of complainant of Kharif, 2019 season was destroyed due to climatic conditions and agriculture department had surveyed the agricultural fields of village Baruwali-II, Tehsil Nathusari Chopta, District Sirsa and submitted its report to the ops. The op no.1 thereafter settled the claim of other farmers of village Baruwali-II and paid insurance claim to them. That one Smt. Guddi was paid insurance claim for cotton crop amounting to Rs.76,254/- on 17.06.2020, however, op no.1 paid only a sum of Rs.2482/- on 31.12.2019 when the rabi crop had been sown in the field and none of the ops gave any satisfactory reply in this regard. It is further averred that complainant is entitled to crop insurance claim of Rs.70,991/- from ops alongwith interest. The complainant approached the ops and requested them to admit her claim but they did not pay any heed and have refused to do so a week back and have caused deficiency in service and unnecessary harassment to the complainant. Hence, this complaint.

3.                On notice, ops appeared. Op no.1 filed written version submitting therein that complainant is not a consumer of op no.1 as the details of the complainant were not uploaded at the NCI portal by op her bank and thus no claim is payable to the complainant farmer for the above mentioned season. That as per scheme provisions, the farmers having insurable interest in the notified crops are eligible for crop insurance provided their crop insurance coverage details are uploaded in the National Crop Insurance Portal by the concerned bank in case of loanee farmers or by the insurance intermediaries/ CSC/ directly online, if he is a non loanee farmer. It is further submitted that as the bank/ intermediary has not uploaded the data on the NCI Portal only the bank/ intermediary can be held liable for compensation as per operational guidelines of PMFBY. With these averments, dismissal of complaint qua op no.1 prayed for.

4.                Ops no.2 and 3 also filed written version raising certain preliminary objections. It is submitted that as per policy of Govt, the op no.3 deducted the requisite premium amount from the account of complainant within prescribed period and said amount has been duly transferred in the account of op no.1 in gross payment by way of NEFT. Remaining contents of complaint are denied to be wrong and prayer for dismissal of complaint made.

5.                Op no.4 also filed written statement taking certain preliminary objections. It is submitted that only crop cutting experience report or report of survey of loss of crop is to be prepared by op no.4 and all other risks of coverage were to be finalized by the insurance company and there is no role of op no.4 in this regard. The yield basis claims are settled by insurance company only on completion of other necessary formalities as prescribed in operational guidelines of scheme which have already been given by op no.4 within specific time period and prayer for dismissal of complaint qua op no.4 made.

6.                The complainant in evidence has tendered her affidavit Ex. CW1/A and  documents Ex.C1 to Ex.C5.

7.                On the other hand, Op no.1 has tendered affidavit of Sh. Geddam Gandhi Raju, Regional Manager as Ex. RW1/A and documents Ex.R1/1 to Ex.R1/9. OP no.4 has tendered affidavit of Sh. Sukhdev Singh, Deputy Director of Agriculture, Sirsa as Ex. RW4/A and documents Ex.R4/1, Ex.R4/2. OPs no.2 and 3 have tendered affidavit of Sh. Ganesh Pareek, Branch Manager as Ex. R2&3/A and application form for agricultural loan Ex. R2&3/1.

8.                We have heard learned counsel for the parties as well as Sh. Satish Kumar, SA for op no.4 and have gone through the case file.

9.                The complainant is seeking insurance claim for the damage of her cotton crop of Kharif, 2019 sown in his 37 kanals 14 marlas of agricultural land situated in village Baruwali IInd, Tehsil and District Sirsa. Although premium amount of Rs.2482/- was deducted from the account of complainant on 11.07.2019 by op no.3 bank and as per version of ops no.2 and 3 same was paid to op no.1 for insurance of cotton crop of complainant of Kharif, 2019 but however, there is nothing on file to prove that data of complainant was uploaded on the National Crop Insurance Portal by op no.3 bank. As per clause 2.9 of the operational guidelines of PMFBY, only farmers whose data is uploaded on the National Crop Insurance Portal shall be eligible for insurance coverage and the premium subsidy from State and Central Govt. will be released accordingly. Since the data of complainant was not uploaded on the insurance portal by op no.3, so there is deficiency in service on the part of op no.3 bank. The op no.4 has placed on file report Ex.R4/2 according to which the average yield of cotton crop of village Baruwali Deom in Kharif, 2019 was 244.92 Kgs. per hectare and threshold yield of block Nathusari Chopta was 572.40 Kgs. per hectare. Since the average yield of cotton crop of village Baruwali- II remained less than threshold yield of block, therefore, as per operational guidelines of PMFBY, there was loss to the cotton crop of complainant in Kharif, 2019. The sum insured amount of cotton crop in Kharif, 2019 was Rs.76,600/- as is evident from Haryana Govt. notification dated 24.05.2019 Ex.R4/1. The complainant has claimed insurance claim amount of Rs.70,991/- for the damage of her cotton crop of Kharif, 2019 and as per formula given in the operational guidelines of PMFBY, the complainant has not claimed any exaggerated amount rather has claimed genuine claim amount of Rs.70,991/- for the loss of her cotton crop of Kharif, 2019 in her 37 kanals 14 marlas of land situated in village Baruwali-II. As per clauses of operational guidelines of PMFBY, the ops no.2 and 3 are liable to pay the claim amount of Rs.71,000/- (in round figure) to the complainant.

10.              In view of our above discussion, we allow the present complaint qua opposite parties no.2 and 3 bank and direct the ops no.2 and 3 to pay the claim amount of Rs.71,000/- to the complainant for the loss of his cotton crop of Kharif, 2019 within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.71,000/- from ops no.2 and 3 bank alongwith interest @6% per annum from the date of this order till actual realization. We also direct the ops no.2 and 3 bank to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above stipulated period. However, complaint qua remaining ops no.1 and 4 stands dismissed. 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: 24.05.2024.                                                         District Consumer Disputes

                                                                                     Redressal Commission, Sirsa.