Haryana

Sirsa

CC/22/19

Rohtash - Complainant(s)

Versus

Agriculture Insurance Co - Opp.Party(s)

Rakesh Kashnia/

02 Nov 2023

ORDER

Heading1
Heading2
 
Complaint Case No. CC/22/19
( Date of Filing : 10 Jan 2022 )
 
1. Rohtash
Village Shakker mandori Distt Sirsa
Sirsa
Haryana
...........Complainant(s)
Versus
1. Agriculture Insurance Co
5th Floor east Kidwai Nagar New Delhi
Delhi
Delhi
2. Oriental Bank of Commerce
City Thana Road Sirsa
Sirsa
Haryana
............Opp.Party(s)
 
BEFORE: 
  Padam Singh Thakur PRESIDENT
  Sukhdeep Kaur MEMBER
 
PRESENT:Rakesh Kashnia/, Advocate for the Complainant 1
 A.S. Kalra, S.L. Sachdeva, Advocate for the Opp. Party 1
Dated : 02 Nov 2023
Final Order / Judgement

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 19 of 2022.                                                                          

                                                        Date of Institution :    10.01.2022.

                                                          Date of Decision   :    02.11.2023.

Rohtash Kumar aged about 35 years son of Sh. Shishpal, 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 now Punjab National Bank, Branch City Thana Road, Sirsa, Haryana.

 

...…Opposite parties.

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

 

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

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

         

Present:       Sh. Rakesh Kashnia, Advocate for complainant.

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

                   Sh. S.L. Sachdeva,  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 complainant is that he is cultivating around four acres of land in the revenue estate of village Shakker Mandori, District Sirsa ( as detailed in para no.2 of the complaint) as per jamabandi for the year 2012-13. He is having his kisan credit card account with op no.2 bearing account no. 00685116004262. That complainant got insured his cotton crop of kharif, 2019 in his four acres of land with op no.1 through op no.2 and premium of Rs.3363.80 was deducted from his account by op no.2 and same was deposited with op no.1. It is further averred that cotton crop of complainant of kharif, 2019 was damaged and loss report was prepared by op no.1 alongwith department of Agriculture, Haryana and as per loss report, insurance claim of Rs.18,000/- per acre was given to the farmers of village Shakker Mandori, District Sirsa but the complainant has not received any insurance claim amount. It is further averred that complainant approached the ops several times and requested to pay compensation but none of the ops paid any claim amount to him and as such it is clear cut case of deficiency in service on the part of ops. Hence, this complaint.

3.       On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that as per NCI portal coverage the cotton crop of the complainant in the village Shakker Mandori Block Nathusari Chopta was not insured with the answering op during the above mentioned season, whereas cotton crop of the complainant in village Tehri Baba Sawan Singh (335) Block & District Sirsa is insured on the NCI-portal. Therefore, the complainant is not entitled to any claim for cotton crop of village Shakker Mandori under the revised Pradhan Mantri Fasal Bima Yojana (PMFBY) during Kharif, 2019 season. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.1 made.

4.       Op no.2 also filed written version raising certain preliminary objections. It is submitted that on the request of complainant the answering op got insured the kharif 2019 crop of complainant with op no.1 and paid a sum of Rs.3363.80/- on account of insurance premium to op no.1 after debiting the same to the loan account of complainant. However, answering op has not charged any penny for itself on account of any insurance of crop of complainant. Remaining contents of complaint are 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 copies of documents i.e. pass book Ex.C1, jamabandi for the year 2012-2013 Ex.C2, aahdar card Ex.C3, report/ letter of Deputy Director Agriculture department, Sirsa Ex.C4 and jamabandi for the year 2017-2018 Ex.C5.

6.       On the other hand, op no.2 has tendered affidavit of Sh. Subhash Chander Branch Manager as Ex.R1 and copies of documents i.e. application form for loan Ex.R2 and statement of account Ex.R3. OP no.1 has tendered affidavit of Sh. Geddam Gandhi Raju, Regional Manager as Ex.R4 and documents Ex.R5 to Ex.R17.

7.       We have heard learned counsel for the parties and have gone through the case file.

8.       The complainant is claiming insurance claim for the damage of his cotton crop of kharif, 2019 season in his four acres of land situated in village Shakker Mandori, Tehsil Nathusari Chopta, District Sirsa. However, the op no.2 bank while uploading the data of complainant on NCI- portal shown the land of complainant in village Tehri Baba Sawan Singh (335) instead of village Shakker Mandori as is evident from farmer detail placed on file by op no.1 as Ex.R14 and as such op no.1 insurance company did not pay any claim amount to the complainant. The complainant in order to prove loss to his cotton crop in kharif, 2019 in village Shakker Mandori has placed on file letter/ report of Deputy Director Agriculture department, Sirsa as Ex.C4 in which it has been reported that the average yield of cotton crop of village Shakker Mandori in Kharif, 2019 was 250.54 Kgs. per hectare whereas threshold yield of block Nathusari Chopta was 572.40 Kgs. per hectare. Since as per this report Ex.C4, the average yield of cotton crop of village Shakker Mandori was 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 in his land situated in village Shakker Mandori. As per Haryana Govt. notification dated 24.05.2019 Ex.R12, the sum insured amount of cotton crop was Rs.76,600/- per hectare. So as per formula given in the operational guidelines of PMFBY, the complainant is entitled to insurance claim amount of Rs.69,346/- for the loss of his cotton crop of kharif, 2019. Since the op no.2 bank has wrongly uploaded the village name of the land of complainant on NCI portal, therefore, op no.2 bank only is liable to pay the said amount to the complainant and op no.1 insurance company is not liable to pay any amount to the complainant. In this regard, 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).

9.       In view of our above discussion, we allow the present complaint qua op no.2 bank and direct the op no.2 bank to pay the above said claim amount of Rs.69,346/- 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 the above said amount of Rs.69,346/- from op no.2 bank alongwith interest @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 against 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                       President

Dt. 02.11.2023.                                                       District Consumer Disputes                                                                                                                                                               Redressal Commission, Sirsa.        

 

 
 
[ Padam Singh Thakur]
PRESIDENT
 
 
[ Sukhdeep Kaur]
MEMBER
 

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