Haryana

Charkhi Dadri

CC/174/2022

Jaiveer - Complainant(s)

Versus

Authorized signatory/M.D. Bajaj Allianz General Insurance Company Limited - Opp.Party(s)

Sh. Naveen Tokash

25 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 174 of 2022

                                                         Date of Institution: 14.07.2022

                                                          Date of Decision:    25.09.2024      

 

Jaiveer son of Sh. Sardara Ram, resident of village Bhagwi, Tehsil and District Charkhi Dadri. Mobile No.-9991555024

 

                                                                   ….Complainant.

Versus

Bajaj Allianz General Insurance Co. Ltd. Bajaj Allianz House, Airport Road, White House Society, Yerawada, PUNE-411006 through its Authorized signatory/M.D.

 

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          COMPLAINT UNDER THE CONSUMER PROTECTION ACT.

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Sh. Naveen Kumar Tokash, Adv. for complainant.

                   Sh. Satender Kumar Ghanghas, Adv. for OP.

 

ORDER:-

              

                  Jaiveer (hereinafter referred to as “complainant”) has filed the present complaint against the opposite party (hereinafter referred to as “OP”) with the averments that the complainant possesses the agricultural land, situated in revenue estate of village Bhagwi, Tehsil and District Charkhi Dadri, detail of which is given in para No. 1 of the present complaint. It is averred that the complainant got insured his Kharif 2021 cotton crop sown in 1.1634 Hectare land from the OP through CSC Centre vide application receipt No. 040106210041264156701 and paid premium of Rs. 4980.6399 ps on 31.07.2021 and the Government also gave premium share of Rs. 8965.12 ps on behalf of farmer in PMFBY (Pardhan Mntri Fasal Bima Yojana) scheme. It is averred that the said cotton crop of complainant as well as of some other villagers were fully damaged. Intimation in his regard was given to the OP and survey was got conducted. The complainant completed all the requirement of OP in order to get the claim of his damaged crop, which was duly insured under Pardhan Mantri Fasal Bima Yojana, but the complainant did not get proper claim regarding damage of his kharif 2021 cotton crop and he got only Rs. 47,674/-instead of Rs. 99,612/- i.e. insured sum from the OP. The complainant got served a legal notice to the OP on 18.02.2022 through his counsel and demanded to pay the remaining claim amount i.e. Rs. 51,938/- regarding the damaged crop. Upon which the OP has again deposited a sum of Rs. 19,336/- in the account of complainant. It is averred that the act of refusing to grant proper claim compensation for damaged kharif 2021 cotton crop of complainant, amounts to deficiency in service on the part of the OP. Accordingly, the complainant seeks directions against the OP to pay the proper claim amount of sum insured Rs. 99,612/- (out of which the complainant received only Rs.47,674/- and Rs.19,336/-)  along with interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.                Upon notice, the OP appeared and filed their written statement. In its written statement, the OP took some preliminary objections that the complainant has concealed the true and material facts from this Commission and the complaint is liable to be dismissed and admitted this fact that the complainant has got insured his only 1.1634 Hectare cotton crop for Kharif 2021 vide policy No. OG-22-1207-5016-00013688 under Pradhan Mantri Fasal Bima Yojana. It is averred that after receiving the intimation from the complainant, the insurance company had investigated and assessed the loss in the insured area of farmer i.e. 1.1634 hectare for cotton. The insurance company received the claim intimation and survey was conducted. The answering OP has already paid the claim amount of Rs. 47,674/- through UTR No. N035221820301536 on 06.02.2022. Thereafter, an  additional amount of Rs. 19,336/- was also paid to the complainant through UTR No.N049221840410461 on 18.02.2022. Thus the claim of complainant has duly been settled as per the set norms. As such, it is averred that there is no deficiency in service on the part of the answering OP and the complainant is not entitled for any claim. Accordingly, dismissal of complaint has been sought by the OP.

3.                In the evidence, the complainant has tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-6 and closed the evidence on 25.01.2023.

                   On the other hand, the learned counsel for the OP tendered into evidence affidavit Ex. RW-1/A and documents Ex. RW1 to Ex.RW6 and closed the evidence on 22.12.2023.

4.                We have heard the arguments of learned counsel for both the parties and have gone through the entire evidence placed on record by the parties very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and the learned counsel for the OP reiterated the contents of their written statement and drawn the attention of this Commission towards the documents so placed on record by the parties.

5.           We have observed that the complainant by filing his affidavit (Ex.CW-1/A), has corroborated the contents of his complaint as true and correct. As per jamabandi (Ex.C1) for the year 2019-20, the name of said Jaiveer is mentioned. It is averred that the same was duly insured by the OP vide CSC application (Ex. C-2) for Rs. 99,612.63/- after getting premium of govt. share Rs. 8965.12/- and farmer share as Rs. 4980.63/-.

6.        In order to prove the contents of complaint that the complainant suffered losses of cotton crop, the learned counsel for complainant has placed on record Sample Survey reports of crop Loss due to  Inundation during season Kharif 2021 (Ex. C-3) duly issued by the Sub Divisional Officer (Civil), Charkhi Dadri, Deputy Director, Agriculture & Welfare Deptt. Charkhi Dadri, Tehsildar, Charkhi Dadri and Representative of Bajaj Allianz GIC Ltd. wherein it was certified by the team that the complainant suffered losses of cotton crop of 1.1634 hectare land  80% sown by him due to Inundation (Jalbharav).

7.      On perusal of above documents, it stands established that the complainant suffered 80% losses of cotton crop of 1.1634 hectare land, which was insured by the OP under Pardhan Mantri Fasal Bima Yojana for Rs. 99,612.63/- as per his application Ex. C-2 and the same was destroyed due to some calamity/Inundation to the extent of 80%. Now we have to decide whether the complainant is entitled for any compensation from the OP and how much?

8.              The counsel for OP has placed on record affidavit (Ex. RW-1/A) whereby Eileen Rose Tirkey, Authorized representative on behalf of OP deposed on oath that the answering OP has already paid the yield claim amount amount of Rs. 47,674/- through UTR No. N035221820301536 on 06.02.2022. Thereafter, an  additional amount of Rs. 19,336/- was paid to the complainant through UTR No.N049221840410461 on 18.02.2022.

9       This fact is also admitted by the complainant that the OP transferred the aforementioned amount into the account of complainant but besides this, it stands also clear that the OP did not pay the proper claim amount to the complainant as the cotton crop of complainant was insured for Rs. 99612.63/-and the complainant had suffered 80% losses to his cotton crop as per Sample Survey reports of crop Loss due to  Inundation during season Kharif 2021 (Ex. C-3). Accordingly the claim amount arrives at Rs.79,690/- being 80% of sum insured  Rs.99,612.63. The disbursal of part payment of claim by the OP makes clear the fact that the claim of complainant was genuine and hence, the OP disbursed some amount into the account of complainant.

10.              In view of aforesaid discussion, findings and observations, we are of the considered view that as the OP failed to give the adequate claim to the complainant. It has been admitted by both the parties that cotton crop was sown on 1.1634 hectare land and the same was insured for Rs.99,612 and insured crop  suffered loss to the extent of 80% due to inundation as per sample survey report  Ex.C3. The sum insured was Rs. 99,612 and 80% thereof arrives at Rs.79,689.6/- against which OP has paid Rs.67010/-. We opine that by disbursing part amount of claim of Rs.67010/- (i.e. Rs. 47,674/- through UTR No. N035221820301536 on 06.02.2022 and an additional amount of Rs. 19,336/-  also paid on 18.02.2022 through UTR No.N049221840410461) to the complainant instead of Rs. 79,689.6/-, the OP has committed negligence and deficiency in service on their part and due to this reason, the complainant had to suffer mental agony, harassment as well financial losses at the hands of OP.

11.              Resultantly, in the light of above mentioned facts and circumstances and evidences placed on record coupled with arguments advanced by the counsel for both the parties, the present complaint is allowed and following orders are passed in the interest of justice.

1. OP is directed to pay additional amount of Rs. 12,679/- to the complainant along with an interest @ 6% p.a. from the date of filing of the present complaint i.e. 14.07.2022 till realization of final payment.
2. OP is directed to pay a sum of Rs. 1000/- (Rupees One Thousand Only) on account of mental agony, harassment etc. and Rs. 1000/- (Rupees One Thousand Only) as litigation expenses to the complainant.

12.                    The above order be complied within 45 days from the date of receiving the copy of this order, failing which the said amount shall also fetch interest @9% p.a. from the date of filing of complaint till realization.

13.                   Certified copies of order be supplied to the parties free of costs.

14.                   File be consigned to the record room, after due compliance.