BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 207 of 2020.
Date of Institution : 21.09.2020.
Date of Decision : 06.05.2024.
Surender son of Shri Devi Lal, resident of village Rupawas, 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. H.D.F.C. 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. J.R. Garva, 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 complainant is a farmer and cultivating around 68 kanals land in the revenue estate of village Rupawas, District Sirsa. He is having Kisan Credit Card account with op no.2 bearing number 50200021166036. The complainant got insured his cotton crop in 10 acres of land i.e. 7.6 acres in village Rupawa and 2.6 acres in village Brasari, District Haryana of Kharif, 2019 with op no.1 through op no.2 as per crop insurance scheme of the Government and accordingly op no.2 deducted premium of Rs.6327.16 from the account of complainant and deposited the same with op no.1. It is further averred that cotton crop of complainant of Kharif, 2019 was damaged and other farmers of village Rupawas have received insurance claim of around Rs.12,000/- per acre but complainant had received insurance claim of Rs.1000/- per acre on the basis of report of village Brasari although complainant was entitled for the insurance claim for 7.6 acres of land as per damage of cotton crop of village Rupawas. That when complainant inquired from op no.1 regarding the above fact, they told to the complainant that they have sent insurance claim as per data sent to them by op no.2 upon which he approached the op no.2 but op no.2 told him that op no.1 has sent list for disbursement of the insurance claim and they have deposited the claim in the account of farmers as per list provided to them by op no.1. That complainant is wholly dependent on agricultural income but due to negligence on the part of ops, the complainant has not received insurance claim for which he is entitled as per damage report due to which he has suffered financial loss as well as mental agony. Hence, this complaint seeking direction to the ops to make payment of Rs.93,000/- to the complainant alongwith interest and also to pay compensation for harassment as well as litigation expenses.
3 On notice, ops appeared. Op no.1 filed written version submitting thereint hat as per NCI portal coverage, the crop of complainant in the land in village Rupawas was not insured with answering op during the above mentioned season. Therefore, complainant is not entitled to any claim for the crops in village Rupawas from op no.1 under PMFBY during Kharif 2019 season, whereas cotton crops of complainant in village brasari (34) Block Nathusari Chopta, Sirsa is insured on the NCI portal. It is further submitted that as there was shortfall in the actual yield for cotton crop of village Brasari during Kharif 2019 season, therefore, area approach claim is already paid to the complainant on 15.04.2020 with area approach claim of Rs.12331.55 through UTR as per PMFBY scheme provisions. It is further submitted that in cases where farmers are denied crop insurance due to incorrect/ partial/ non uploading of their details on Portal, concerned Banks/ Intermediaries shall be responsible for payment of claims to them. As in this case, HDFC Bank Ltd. Branch GPO Sirsa has uploaded farmer details at NCIP, only the HDFC Bank can only be held liable for the compensation to the complainant. With these averments, dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written statement taking certain preliminary objections. It is submitted that as per account statement premium amount of Rs.6327.16 on 04.07.2019 was debited from the account of complainant for the insurance of Kharif cotton crop 2019 under PMFBY scheme. This amount of the premium was remitted on 31.07.2019 to op no.1 vide UTR and policy number is 040106191011493538101. The deducted premium amount Rs.6327.16 is for Kharif 2019 as per account statement but not for year 2017 as alleged. It is further submitted that after receipt of the premium, the insurance company is duty bound to verify land and crops on the insured field and there is no any deficiency in service at the part of op no.2. Remaining contents of complaint are also denied 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.C4.
6. Op no.1 has tendered affidavit of Sh. Jspal Singh Khurmi Regional Manager as Ex.R1 and documents Ex.R2 to Ex.R15. Op no.2 has tendered affidavit of Sh. Gaganpal Singh, GPA/ Assistant Manager (Legal) as Ex.R16.
7. We have heard learned counsel for the parties and have gone through the case file carefully.
8. The complainant has alleged that his cotton crop of Kharif, 2019 in village Rupawas was damaged although due to inadvertent mistake at one place he has mentioned about Kharif, 2017. The complainant in order to prove loss to his cotton crop of Kharif, 2019 in village Rupawas has placed on file report/ letter of the Deputy Director Agriculture department, Sirsa as Ex.C3 in which it is reported that the average yield of cotton crop of Kharif, 2019 in village Rupawas was 352.78 Kgs. per hectare and threshold yield of block Nathusari Chopta was 572.40 Kgs. per hectare. So as per this report Ex.C3, there was also loss to the cotton crop of complainant in his land situated in village Rupawas. From document Ex.R11 and Ex.R12 i.e. portal entry placed on file by op no.1 insurance company, it is evident that op no.2 bank while uploading the data of complainant on portal shown whole land of complainant i.e. 4.13 hectare in village Brasari (34) whereas complainant is having 7.6 acres of land in village Rupawas and is having only 2.6 acres of land in village Brasari. As such it is proved on record that op no.2 bank has wrongly uploaded the data of complainant on the portal and as such op no.1 on the basis of portal i.e. whole land in village Brasari paid insurance claim amount of Rs.12331.55 to the complainant on the basis of damage report of that village.
9. Now we assess the loss of complainant for the loss of his cotton crop in 7.6 acres of land situated in village Rupawas. The sum insured amount of cotton crop in Sirsa District was 76600/- per hectare and complainant is having 7.6 acres of land in village Rupawas. As per formula given in the operational guidelines of PMFBY, the loss of cotton crop in village Rupawas comes to Rs.90,374/- and from this amount of Rs.90,374/- the amount of Rs.10,000/- is to be deducted because op no.1 insurance paid claim amount of Rs.12331.55 to the complainant on the basis that he is having total land in village Brasari due to wrong uploading of village name of complainant by op no.2 bank on the portal whereas he is having only 2.6 acres of land in village Brasari and as such amount of Rs.10,000/- is being deducted for remaining 7.6 acres of land for which claim is to be paid on the basis of damage report in village Rupawas. As such op no.2 bank is liable to pay remaining claim amount of Rs.80,374/- to the complainant since it wrongly uploaded the data on the portal and as per clause 17.2 of the operational guidelines of PMFBY, in cases where farmers are denied crop insurance due to incorrect/ partial/ non-uploading of their details on Portal, concerned banks/ intermediaries shall be responsible for payment of claims to them.
10. In view of our above discussion, we allow the present complaint qua opposite party no.2 bank and direct op no.2 to pay the claim amount of Rs.80,374/- to the complainant for the loss of his cotton crop of Kharif, 2019 in land situated in village Rupawas 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.80,374/- from op no.2 bank alongwith interest @6% per annum from the date of this order till actual realization. We also direct the op no.2 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 op no.1 insurance company 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: 06.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
