BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 02 of 2021.
Date of Institution : 07.01.2021.
Date of Decision : 08.10.2024.
Jai Pal son of Bhadar Singh, resident of village Raipur, Tehsil N.S. Chopta, District Sirsa.
……Complainant.
Versus.
1. Agriculture Insurance Company Limited, Cabin no.7, Agro Mall, Sector 20, Panchkula 134117.
2. State Bank of India Bank through its Manager, Branch Madhosinghana, 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. Anil Kumar, Advocate for complainant.
Sh. A.S. Kalra, Advocate for opposite party No.1.
Sh. Rakesh Babbar, 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 an agriculturist and is Kisan Credit Card account holder with op no.2 having account no. 32549602324. The complainant is owner in possession of land measuring 27 kanals 12 marlas being 290/843 share of 81 kanals 06 marlas (as detailed in para no.2 of the complaint) situated in the revenue estate of village Raipur, District Sirsa. That as per crop insurance scheme, op no.2 deducted premium of Rs.2038/- on 11.07.2019 from the KCC account of complainant for insurance of his cotton crop of Kharif, 2019 with op no.1. It is further averred that cotton crop of complainant of Kharif, 2019 season was damaged and other farmers of his village have received insurance claim at the rate of Rs.13,350/- per acre but complainant did not get any insurance claim. The complainant approached the ops in this regard but he was surprised to know that his premium amount has been deposited back in his account on 31.12.2019 and bank official of op no.2 stated that his aadhar card is not attached with his KCC account and as such insurance premium has been returned back in his account. It is further averred that season of cotton crops ends/ over within last week of October in every year and as such ops have caused deficiency in service, financial loss and unnecessary harassment to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that complainant’s crop insurance details were not available on the NCI portal and op no.2 has not uploaded the data of the complainant on the National Crop Insurance Portal and thus the complainant was not covered for his crop under Kharif 2019 season of PMFBY. It is further submitted that after reconciliation of the portal data, the answering op had refunded all the excess amount to op no.2 for Kharif 2019 season well within time on 27.11.2019 since the NCIP Portal was opened for entries from banks till first week of November, 2019. As the details of the complainant were not uploaded at the NCIP, the complainant is not insured and is not entitled to any claim under PMFBY during Kharif 2019 season and op no.2 bank only is responsible for any claim for any mistake in this regard as per operational guidelines of PMFBY. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.2 also filed written version submitting therein that answering op as per Govt. instructions deducted the requisite amount as insurance premium from the account of complainant and as per bank policy total deducted premium amount has been transferred in the account of op no.1 by way of NEFT on 31.07.2019 i.e. within stipulated time. The total deducted premium amount has been transferred in the account of op no.1 by answering op alongwith all requisite detail. It is further submitted that the fact of damage of crop of Kharif 2019 is denied for want of knowledge but even if so then op no.1 who had received deducted premium amount from answering op is bound to make payment of compensation in terms of policy. That as and when complainant visited the answering op regarding his compensation then as per bank official record answering op stated that op no.1 has returned the collected premium amount on 27.11.2019 and so said amount has been credited by answering op in the account of complainant. It is further submitted that op no.1 has returned the premium amount after lapse of four months i.e. at the end of crop season and there is no lapse on the part of answering op. That as per Govt. policy when op no.1 has received insurance premium in time from answering op and has not returned the said premium by assigning any cogent reason within prescribed period in such case the insurance company is liable to pay compensation in terms of direction of Govt. issued to this effect. It is further submitted that in case complainant has suffered any loss to his crops as alleged in such case complainant is legally entitled for compensation from op no.1 only as complainant is not entitled for any such compensation from answering op. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C5.
6. On the other hand, op no.1 has tendered affidavit of Sh. Jaspal Singh Khurmi Regional Manager as Ex.R1 and documents Ex.R2 to Ex.R11. Op no.2 has tendered affidavit of Sh. Ganesh Pareek, Branch Manager as Ex. RW1/A and documents Ex.R1/A to Ex.R1/C.
7. We have heard learned counsel for the parties and have gone through the case file.
8. Admittedly the premium amount of Rs.2038/- was deducted from the account of complainant on 11.07.2019 by op no.2 bank for insurance of his cotton crop of Kharif, 2019 which fact is also evident from copy of statement of account of complainant as Ex.R1/B placed on file by op no.2 bank and said premium amount was paid to op no.1 insurance company but op no.1 returned back the premium of complainant as well as other farmers to op no.2 bank on 27.11.2019 as is evident from statement of account Ex.R11 placed on file by op no.1. The reason of return of the premium amount of complainant taken by op no.1 is that his crop insurance details were not available on the NCI portal and op no.2 has not uploaded the data of the complainant on the NCI portal and thus complainant was not covered under the insurance scheme and after reconciliation of the portal data, the op no.1 had refunded all the excess amount to op no.2 well within time on 27.11.2019 since the NCIP portal was opened for entries from banks till first week of November, 2019. So, it appears that op no.2 bank is at fault for not uploading the data of complainant on the NCI portal because as per operational guidelines of PMFBY it was mandatory for the op no.2 bank to upload the data of the complainant on the portal. The op no.2 bank was liable to demand aadhar card of complainant if same was not linked with his KCC account but op no.2 bank has failed to prove on record that his aadhar card was demanded from complainant but he has failed to provide the same. The NCI portal was opened for entries from banks till first week of November, 2019 but as the op no.2 bank failed to upload the data of complainant on the portal even till first week of November, 2019, the op no.1 insurance company returned back the premium amount on 27.11.2019 to op no.2 and as such op no.2 bank is deficient in service and is liable to pay claim amount, if any to the complainant for the loss of his cotton crop of Kharif, 2019. The complainant in order to prove loss to his cotton crop of Kharif, 2019 has placed on file report/ letter of Deputy Director Agriculture department, Sirsa as Ex.C4 in which it is reported that the average yield of cotton crop of Kharif, 2019 in village Raipur was 328.14 Kgs. per hectare and threshold yield of cotton crop in Nathusari Chopta block was 572.40 Kgs. per hectare. So as per operational guidelines of PMFBY, there was also loss to the cotton crop of complainant in Kharif, 2019. The sum insured amount of cotton crop in year 2019 was Rs.76,600/- as per Haryana Govt. notification dated 24.05.2019 Ex.R9. So as per formula given in the operational guidelines of PMFBY, the complainant is entitled to insurance claim amount of Rs.45,000/- for the loss of his cotton crop in Kharif, 2019 in his 27 kanals 12 marlas of land and op no.2 bank is liable to pay the said claim amount to the complainant. In this regard Hon’ble State Consumer Disputes Redressal Commission Haryana, Panchkula in the latest judgment in case titled as The Branch Manager, Corporation Bank now merged with Union Bank of India Versus Rupinder Singh and others Appeal No. 803 of 2022 decided on 11.01.2023 has held that “As per provision 17.2 of operational guidelines of PMFBY for difference of claim due to wrong information, if any, concerned bank/ intermediaries were responsible”. The Clause 17.2 of the operational guidelines of PMFBY stipulates 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 (if any). The appeal filed by the bank in the above said case was dismissed by the Hon’ble State Commission.
9. In view of our above discussion, we allow the present complaint against op no.2 bank and direct the op no.2 bank to pay the claim amount of Rs.45,000/- to the complainant 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.45,000/- from op no.2 bank alongwith interest at the rate of @6% per annum from the date of this order till actual payment. 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 said stipulated period. However, complaint qua op no.1 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: 08.10.2024. District Consumer Disputes
Redressal Commission, Sirsa.
