Case No. 19/2023   

IN THE MATTER OF

Rajveer Singh age about 56 year S/o Sri Siyaram Singh  R/o Gram Madanpur Chbila Post Amrauli Aligarh

                                                         V/s

1. Aryavart Bank ( Gramin Bank of Aryavart) Regional office Center PointAligarh By Regional Manager
2. HDFC Agro General Insurance Company Ltd. Agrawal Point, Gandhi Eye Hospital ke Samne, Samad Road 205 A IInd Floor Ratan Square 20A Vidhan sabha Marg, Lucknow 226001 by Branch Manager                                                                                    

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for

1. Ops be directed to pay the compensation for the loss of the crop with interest.
2. Ops be directed to pay litigation expenses Rs.21000.
3. Ops be directed to pay compensation Rs.50000 for physical and mental sufferings.

2. The Complainant has stated that he is a farmer and he maintains account in op no.1 bank branch. His crop was insured with the HDFC Agro General Insurance Company under the Prime Minster Crop Insurance Scheme. On 17.9.2019 Kharif crop of paddy was completely destroyed by violent wind and rain. Complainant informed the officer on toll free no. and the also submitted application on 18.9.2019 to the Deputy Director agriculture Aligarh where upon 60% loss in crop was assessed in survey. OP no.2 informed the complainant on 10.1.2020 that a premium of the insurance was not paid and then he came to know that on 29.7.2019 premium amount was debited from his account and on 14.8.2019 the amount was remitted to his account with the endorsement of “wrong debited’’. Op no.1 informed by letter dated 27.1.2020 that a premium was not received on account of mismatch of the Aadhar and endorsement of wrong debited instead of mismatch. Complainant submitted a letter on 19.2.2020 for payment stating the negligence of op no.1 and he submitted a letter date 13.8.2022 to the regional office of bank for payment. Complainants claim was rejected on the ground of mismatch of data.     
3. Op no.1 stated in WS that the complainant was obtained KCC loan facility of the amount Rs.300000. It was stated that on 29.7.2019 the premium of the insurance was debited from the account of the complainant but the then Branch Manager remitted the account into his account on 24.8.2019 on account of mismatch of Aadhar Card. On the basis of documents available in the bank datas were uploaded on the portal but could not be uploaded on portal on account of mismatch of aadhar card.         
4. Op no.2 did not file WS despite of sufficient service.
5. Complainant has filed his affidavit and papers in support of his pleadings. Op no.1 has also filed affidavit and papers in support of his pleadings.

6. We have perused the material available on record and heard the complainant’s counsel.

7. The first question of consideration before us is whether the complainant is entitled to any relief?
8. It is evident that the premium of the insurance debited from the account of the complainant by the op no.1 was remitted to his account and no effort was made by the bank to rectify the defect to pay premium to the insurance company. Complainant was never informed to rectify the difference found in datas of aadhar card whereby datas could not be uploaded. It was the act of commission or omission and negligence on the part of the bank whereby the complainant could not be indemnified by the op no.2. Thus the op no.1 committed deficiency in service and is liable to reimburse the complainant  has stated that 60% loss found in survey of the crop. Thus the complainant is entitled for Rs.300000*60%= Rs.180000.     
9. The question formulated above is decided in favor of the complainant.
10. We hereby direct the op no.1 to pay compensation Rs.180000 and Rs 10000 as litigation expenses.
11. Op shall comply with the directions within 45 days failing which Ops shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.    
12. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
13. File be consigned to record room along with a copy of this judgment.