BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 171 of 2021.
Date of Institution : 23.08.2021.
Date of Decision : 06.06.2024.
Om Parkash aged about 60 years son of Sh. Nand Ram, resident of village Shakker Mandori, 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. Oriental Bank of Commerce through its Manager, Shah Satnam Ji Nagar, 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. Rakesh Kashnia, 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 cultivating agricultural land in village Shakker Mandori, District Sirsa. He is having Kisan Credit Card account with op no.2 bearing account number 09895115003645 and has mortgaged his share of land measuring 3.2 acres. That as per crop insurance scheme, on 15.07.2019 the op no.2 deducted premium amount of Rs.2014.89 from the account of complainant for insurance of his cotton crop of Kharif, 2019 season and deposited the said amount with op no.1. 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.18,000/- per acre but complainant has not received any insurance claim which is only negligence on the part of ops because he was told his premium was returned by op no.1 and same has been deposited back in his account on 16.08.2019. The complainant was not given any information by ops as to why deducted premium was not deposited by op no.1 with op no.2 and premium was deposited back in his account after due date of payment of insurance premium. It is further averred that complainant approached the ops and requested to pay the insurance claim but to no effect 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 from the account of complainant as insurance premium for Kharif, 2019 and was to be remitted to agriculture insurance company ltd. op no.1. 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 above said account could not be uploaded on the portal of insurance company due to mismatch of aadhar card. The borrowers of the bank had been advised to deposit the aadhar card, but complainant has not deposited the same. It is further submitted that premium amount was remitted back because the detals were not uploaded on the portal of insurance company due to non availability of the aadhar card. 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.C4.
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 to Ex.R9. OP no.2 has tendered affidavit of Sh. Arun Kumar, Branch Manager as Ex.RW2/A and documents Ex.RW2/1 to Ex.RW2/3.
7. We have heard learned counsel for the parties and have gone through the case file.
8. The plea of op no.2 bank that aadhar card was mandatory for uploading the data of complainant on NCI portal for insurance of his crop but complainant failed to provide his aahdar card and as such his data could not be uploaded on the portal has substance because op no.2 bank has placed on file copies of two aadhar card of complainant as Ex. RW2/2 and Ex.RW2/3 and in Ex.RW2/2 the name of complainant is given as Om Prakash whereas in Ex.RW2/3 the name of complainant is given as Om Parkash meaning thereby that there is difference of word Prakash and Parkash in both the aadhar cards as such his data could not be uploaded on the crop insurance portal. In this regard op no.2 bank also written a letter to the complainant on 20.07.2019 asking him to supply copy of his correct aadhar card in the branch of bank as due to non availability of correct aadhar card of complainant his data was not being uploaded on the crop insurance portal and op no.2 bank has also placed on file copy of the said letter during the course of arguments. However, there is nothing on file to prove the fact that complainant ever visited the op no.2 bank to submit his correct aadhar card and that he supplied his correct aadhar card to 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.
