BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 623 of 2022
Date of Institution : 07.10.2022.
Date of Decision : 12.11.2024.
Monu son of Shri Nanu Ram, resident of village Handikhera, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Agriculture Insurance Company of India, Regional Office: Cabin no.7, 3rd Floor, Agro Mall, Sector-20, Panchkula- 134117.
2. Canara Bank, through its Branch Manager Main Branch Sirsa – 125055.
...…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. Kapil Dev, 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 the Consumer Protection Act, 2019 against the opposite parties (herein after referred as OPs).
2. In brief, the case of complainant is that he is resident of village Handikhera, Tehsil and District Sirsa and is having agricultural land measuring 1.51255 hectare in the area of village Kasan Khera, Tehsil and District Sirsa. He is having KCC account no. 1403841000216 with op no.2. That as per crop insurance scheme, op no.2 deducted insurance premium amount of Rs.6475.37 on 29.07.2021 from the account of complainant for insurance of his cotton crop of Kharif, 2021. It is further averred that complainant had sown cotton crop in his said land in Kharif, 2021 which was damaged which fact was also verified by op no.1. That many farmers of that village have already received claim amount at the rate of Rs.22,000/- per acre approximately and complainant came to now that ops have wrongly mentioned the village name as Handi Khera and as such claim was credited into his account as per loss in village Handi Khera which comes to Rs.3800/- only and as such ops have caused financial loss, deficiency in service and unnecessary harassment to the complainant. The ops did not pay the adequate claim amount despite his several requests and legal notice dated 08.09.2022. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that as op no.2 bank uploaded the village name of the land of complainant as Handi Khera (75) Block Sirsa, District Sirsa during Kharif 2021 season on the portal and as such claim amount of Rs.14,270.3 has already been paid to the complainant on 03.08.2022 on the basis of loss of cotton crop in village Handi Khera and op no.2 bank is responsible for remaining claim amount, if any for the mistake in uploading wrong village name on the portal as per operational guidelines of PMFBY and prayer for dismissal of complaint made.
4. Op no.2 also filed written version submitting therein that bank has debited the amount of Rs.6475.37 on 29.07.2021 as premium for Kharif 2021 from the account of complainant and has credited the same to the account of op no.1 as premium of insurance which has never been refunded back. All the information required by op no.1 was sent to the insurance company as per rules. It is further submitted that insurance company op no.1 has neither informed any discrepancy in the record as per clause 18 (xxi) of Haryana Government notification dated 15.07.2020 nor refunded the amount to the complainant or to the bank. 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.C8.
6. 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.R1/10. Op no.2 has tendered affidavit of Sh. Jitender Kumar, Manager as Ex. RW2/A and documents Ex. RW2/1 to Ex.RW2/7.
7. We have heard learned counsel for the parties and have gone through the case file.
8. From the copy of jamabandi 2017-2018 placed on record by complainant as Ex.C6, it is evident that complainant is having his agricultural land in village Kasan Khera, District Sirsa and not in village Handi Khera whereas op no.2 bank while uploading the data of complainant on the portal for insurance of his cotton crop of Kharif, 2021 wrongly shown the land of complainant in village Handi Khera as is evident from documents Ex.R1/6 and Ex.R1/7 placed on file by op no.1 insurance company and on the basis of loss in village Handi Khera, the op no.1 insurance company has rightly paid claim amount of Rs.14270.3 to the complainant on 03.08.2022. As such op no.2 bank is liable to pay the remaining claim amount, if any to the complainant on the basis of loss of cotton crop in his land situated in village Kasan Khera. The complainant in order to prove loss to his cotton crop in his land situated in village Kasankhera has placed on file report/ letter of Deputy Director Agriculture department, Sirsa as Ex.C8 according to which the average yield of cotton crop of village Kasankhera in Kharif, 2021 was 239.40 Kgs. per hectare and threshold yield of block Sirsa was 649.26 Kgs. per hectare. So, as per this report Ex.C8 there was also loss to the cotton crop of complainant in Kharif, 2021 as per operational guidelines of PMFBY. The sum insured amount of cotton crop in year 2021 was Rs.85,622/- per hectare as is evident from Haryana Govt. notification dated 15.07.2020 Ex.R1/5. So, as per formula given in the operational guidelines of PMFBY, the complainant was entitled to insurance claim amount of Rs.81,754/- for the loss of his cotton crop in his 1.51255 hectare of land in Kharif, 2021 and after deducting the amount of Rs.14,270.3 already paid to the complainant by op no.1, the complainant is entitled to remaining claim amount of Rs.67,500/- in round figure from op no.2 bank. The plea of op no.2 bank in its written version as well as affidavit that insurance company should have verified the data of insured farmer as per notification of Haryana Govt. dated 15.07.2020 and plea taken by op no.2 bank in the affidavit that this Commission while discussing the clause no. 19 (xxii) of the notification of Haryana Govt. has held in case titled as Jagdish Versus HDFC Bank and others that insurance company was liable to pay the claim to the complainant do not carry much importance because 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 and there is nothing to prove that said decision of Hon’ble State Commission has been set aside by any appellate authorities. So, in the present case also, the op no.2 bank is liable to pay the remaining claim amount of Rs.67,500/- to the complainant for the loss of his cotton crop in kharif, 2021 in village Kasan Khera, District Sirsa.
9. 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.67,500/- 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.67,500/- 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: 12.11.2024. District Consumer Disputes
Redressal Commission, Sirsa.
