BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 613 of 2022.
Date of Institution : 04.10.2022.
Date of Decision : 29.09.2023.
Sameer Kalra aged about 45 years son of Sh. Raghunath Kalra, Resident of House No. 337, F Block, Sirsa.
……Complainant.
Versus.
1. Agriculture Insurance Company Ltd., Plate B & C, 5th Floor Office, Block I, East Kidwai Nagar, Opp. AIIMS Gate 2, New Delhi- 110023 through its Manager.
2. State Bank of India, Dabwali Road Branch, Sirsa through its authorized person/ Branch Manager, Sirsa.
3. Deputy Director of Agriculture Department, Sirsa (Haryana).
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SH. OM PARKASH TUTEJA…………………MEMBER
Present: Sh. Parvinder Gaba, Advocate for complainant.
Sh. A.S. Kalra, Advocate for opposite party No.1.
Sh. S.L. Sachdeva, Advocate for opposite party no.2.
Sh. Satish Kumar, Statistical Assistant for opposite party no.3.
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 complainant is an agriculturist having his agricultural land measuring 17 acres 2 kanals 15 marlas ( as detailed in para no.1 of the complaint) situated at village Mehnakhera, Tehsil Rania, District Sirsa as per jamabandi for the year 2017-2018 and he is dependent upon agricultural income in all respects. The complainant is having KCC account bearing no. 31436740122 with op no.2. It is further averred that as per scheme of Central Government namely Prime Minister Fasal Beema Yojna, the crop sown in eight acres (3.25 hectare) land of complainant was insured with op no.1 insurance company against loss and damages to the crop. An amount of Rs.13200/- was deducted on 28.07.2020 by op no.2 as insurance premium from the account of complainant and was remitted to the account of op no.1 against the said insurance of his crop. It is further averred that complainant had sown cotton crop in above said land as shown in the khasra girdawari for the year 2020-2021. The crop of cotton in the above said land was damaged due to disaster of natural calamities and as such complainant is entitled to the insurance claim as per above said scheme. It is further averred that on 25.03.2021 insurance amount of Rs.56,223.47 was credited in the KCC account of complainant but other farmers of village Mehna Khera (Rania Block) have received claim approximately at the rate of Rs.18,000/- per acre but he has received claim amount at the rate of Rs.6750/- per acre only. That in this regard complainant contacted with op no.2 and came to know that due to gross negligence of op no.2 village of complainant was uploaded as Mehna Khera in Ellenabad block instead of Rania block at PMFBY portal and as such complainant suffered loss of Rs.90,000/- in all because as a result of discrepancy regarding village block of complainant, the insurance company op no.1 has paid only amount of Rs.56,223/- instead of amount of Rs.1,46,224/-. That at the time of availing KCC limit the complainant had delivered copy of fard jamabandi as well as khasra girdawari of village Mehna Khera Block Rania to op no.2. It is further averred that to get his insurance claim, the complainant requested the Branch Manager of op no.2 and he assured to do needful action. The complainant had also made complaint before LDM, Sirsa, Deputy Director of Agriculture, Sirsa and on CM Window in which bank has accepted their mistake but till today op had not credited the remaining insurance amount in his account and no action was taken on his application and as per provisions of operational guidelines of PMFBY, either op no.1 insurance company or op no.2 bank is responsible for payment of remaining claim amount alongwith compensation for harassment due to negligence in uploading data by op no.1 and not verifying the data of insured complainant by insurance company. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that complainant farmer has not mentioned farmer ID number and portal application ID number in the complaint with malafide intentions. The same are required to ascertain their crop insurance coverage. It is further submitted that as per NCI portal coverage, the crop of complainant in the village Mehna Khera, Tehsil Rania, District Sirsa was not insured with the answering op no.1 during above mentioned season, whereas cotton crop of complainant in village Mehna Khera (104) Block Ellenabad, District Sirsa was insured on NCI portal. So, the complainant is not entitled to any claim from answering op no.1 for crop of village Mehna Khera, Tehsil Rania, District Sirsa under PMFBY during kharif, 2020 season, as claim, if any is paid as per particulars uploaded by bank on NCIP. It is further submitted that as there was shortfall in the actual crop yield of cotton crop of complainant in the notified village Mehna Khera (104) Block Ellenabad, District Sirsa during the Kharif 2020 season, therefore area approach claim of Rs.56,223.47 during season kharif 2020 has already been paid to the complainant farmer on 22.03.2021 as per PMFBY scheme provisions. It is further submitted that for above said mistake on the part of op no.2 bank, the op no.2 bank is responsible for payment of remaining claim, if any to the complainant as per provisions of operational guidelines of PMFBY 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 whatever the data was disclosed by complainant same has been uploaded on the portal of the insurance company for the insurance of the crops of the complainant. That as per clause 19 (XXII) of Haryana Govt. notification dated 30.03.2018, the insurance company op no.1 was to verify the data of insured and now at later stage the objection raised by op no.1 insurance cannot be entertained as per said clause and as per operational guidelines of PMFBY. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.2 made.
5. Op no.3 also filed written stat ement raising certain preliminary objections. It is submitted that only crop cutting experience report or survey of loss of crop is to be prepared by op no.3 and all other risks of coverage were to be finalized by the insurance company and there is no role of op no.3 in this regard and therefore, prayer for dismissal of complaint qua op no.3 made.
6. The complainant in evidence has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C15.
7. On the other hand, op no.1 has tendered affidavit of Sh. Geddam Gandhi Raju, Regional Manager as Ex.R1 and documents Ex.R2 to Ex.R10. Op no.3 has tendered affidavit of Sh. Babu Lal, Deputy Director of Agriculture, Sirsa as Ex.R11 and documents Ex.R12 and Ex.R13. OP no.2 has tendered affidavit of Sh. P.K. Batra, Branch Manager as Ex.R16 and statement of account Ex.R17.
8. We have heard learned counsel for the parties as well as Sh. Satish Kumar, SA for op no.3 and have perused the case file.
9. It is proved on record from revenue record i.e. jamabandi for the year 2017-2018 Ex.C1 and khasra girdawari for the year 2020-2021 and 2011-2022 Ex.C2 that complainant is having his agricultural land in village Mehna Khera, Tehsil Rania, District Sirsa. But as op no.2 bank uploaded the village name of complainant as Mehna Khera in block Ellenabad instead of Mehna Khera block Rania at the time of insurance of cotton crop of complainant with op no.1 as is evident from portal entry Ex.R7 and Ex.R8, therefore, op no.1 insurance company paid insurance claim amount of Rs.56,223.47 to the complainant on 25.03.2021 on the basis of loss in village Mehna Khera, block Ellenabad uploaded by op no.2 bank on the portal. However, as complainant is having his agricultural land in village Mehna Khera, block Rania, therefore, he is entitled to insurance claim for the loss of his cotton crop in that village Mehna Khera, block Rania, District Sirsa. The complainant in order to prove loss of his cotton crop in his eight acres of land has placed on file report of the Deputy Director of Agriculture department, Sirsa as Ex.C5 in which it has been reported that the average yield of village Mehna Khera in Kharif, 2020 was 173.90 Kgs. per hectare and threshold yield of block Rania was 591.66 Kgs. per hectare and as the average yield of cotton crop of kharif, 2020 in village Mehna Khera of Rania block was less than threshold yield of block Rania, therefore, there was also loss to the cotton crop of complainant in kharif, 2020. The complainant has claimed that other farmers of his village Mehna Khera, block Rania have received claim amount at the rate of Rs.18,000/- per acres for the loss of their damaged cotton crop in kharif, 2020. As such complainant was also entitled to the claim amount of Rs.1,44,000/- for the loss of his cotton crop of kharif, 2020 in his 3.24 hectares of land for which premium amount was deducted by op no.2 bank. The complainant has already received amount of Rs.56223.47 from op no.1 insurance company and he is entitled to remaining claim amount of Rs.87,777/- from op no.2 bank due to above said reason that op no.2 bank has wrongly uploaded the village name of complainant on the national crop insurance portal. 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 to them. The Hon’ble State Consumer Disputes Redressal Commission Haryana, Panchkula in a similar 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 also 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 said judgment of the Hon’ble State Commission Haryana is also applicable in this case. Similarly, the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in case titled as Manager, Andhra Pragathi Grameena Bank and anr. versus Singam Siva Sankar Reddy & anr. RP No. 2673 of 2013 etc. decided on 3.10.2015 has held that “Prima facie, error has been committed by bank in remitting amount of premium recovered from agriculturists while sending it to insurance company in wrong name of village of complainants. Bank rightly held liable to reimburse all the losses.” As such the Hon’ble National Commission also fixed liability of the bank for the error committed by bank. In these circumstances, complainant is entitled to above said remaining amount of Rs.87,777/- from the op no.2 bank. The plea of op no.2 bank that whatever data was disclosed by complainant was uploaded on the portal by op no.2 bank has no substance because the op no.2 bank at the time of granting agricultural loan to the farmer obtains revenue record and on the basis of same the bank grants loan facility and also get insured the crop of the farmer on that basis and therefore, it is duly proved on record that op no.2 bank only is at fault. However, complaint qua remaining ops i.e. op no.1 and op no.3 deserves dismissal.
10. In view of our above discussion, we allow this complaint qua opposite party no.2 bank and direct the op no.2 bank to pay the above said claim amount of Rs.87,777/- 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 the above said amount of Rs.87,777/- 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 ops no. 1 and 3 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. 29.09.2023. District Consumer Disputes Redressal Commission, Sirsa.
