BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 60 of 2021.
Date of Institution : 05.03.2021.
Date of Decision : 26.02.2024.
Neki Ram, aged about 45 years son of Sh. Amar Singh, resident of village Gudia Khera, Tehsil Nathusari Chaupta, District Sirsa.
……Complainant.
Versus.
1. Axis Bank, Sangwan Chowk Branch, Sirsa, Tehsil and District Sirsa, through its Branch Manager.
2. Oriental General Insurance Company Limited, Oriental House, A-25/27, Asaf Ali Road, New Delhi- 110002 through its General Manager.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. M. K. Singla, Advocate for complainant.
Sh. M.S. Sethi, Advocate for opposite party No.1.
Sh. K.L. Gagneja, 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 complainant is owner in possession of agricultural land in village Gudia Khera and Baruwali-II, District Sirsa and has availed agricultural loan from op no.1 through his account no. 915030046384948 against his 1.66 hectares of land situated in village Baruwali-II comprised in Khewats no.255/422, 199/283. It is further averred that as per scheme of the Government namely Pardhan Mantri Fasal Bima Yojna, on 07.12.2018 the op no.1 debited amount of Rs.1655.85 as insurance premium for insuring his wheat crop of rabi 2018-2019 with op no.2, but policy was not delivered to the complainant. That average yield of wheat crop remained quite below than the threshold yield in the Nathusari Block and other farmers received insurance claim from op no.2 but complainant did not get any claim amount for his wheat crop of Rabi 2018-2019. That complainant could not get insurance claim from any of the ops as his village was shown as Baruwali-I instead of Baruwali-II which is gross negligence and deficiency of service of op no.1 on account of which complainant has suffered financial loss and unnecessary harassment. Hence, this complaint seeking claim amount of Rs.1,10,390/- alongwith interest besides compensation for harassment and litigation expenses from ops.
3. On notice, ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that premium of Rs.1655/- for insurance of Rabi 2019 crop of complainant was paid to the insurance company after deduction of same from the account of complainant on 07.12.2018 and name of village of insured land was mentioned as Baruwali II. That as per clause 19 (XXII) of Haryana Govt. Agriculture and Farmer, Welfare Department notification No. 941-Agri-II (I)- 2018/4332 dated 30.03.2018 the insurance company shall verify the data of insured farmers pertaining to area insured, area sown, address, bank account number (KYC) as provided by the banks independently on its own cost within two months of the cutoff date and in case of any correction must report to the State Govt. failing which no objection by the Insurance Company at a later stage will be entertained and it will be binding on the insurance company to pay the claim. It is further submitted that answering op has correctly mentioned the place of agriculture land of complainant. Moreover, after acceptance of premium of insurance, the matter of insurance claim is between complainant and insurance company. 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 op no.1 uploaded the name of village Baruwali-I in place of Baruwali-II on the National Crop Insurance Portal wrongly and did not make any effort to rectify the mistake and to correct the name of village in the portal before the closure of the portal. After the closure of the portal no correction can be made. It is further submitted that according to clause 17.2 of the revised operational guidelines of PMFBY, 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 payments of claim to them. Therefore, the complainant is not entitled to any claim for crop in village Baruwali-II from the answering op. With these averments, dismissal of complaint prayed for.
5. The complainant in evidence has tendered his affidavit Ex.CW1/A and copies of documents Ex.C2 to Ex.C4.
6. On the other hand, op no.2 has tendered affidavit of Ms. Puja, Incharge Legal Hub as Ex.R1 and documents Ex.R2 to Ex.R13. Op no.1 has tendered affidavit of Manager & Principal Officer as Ex.R14 and documents Ex.R15 and Ex.R16.
7. We have heard learned counsel for the parties and have gone through the case file carefully.
8. From the copy of statement of account placed on file by complainant as Ex.C2, it is evident that on 07.12.2018 an amount of Rs.1655.85 as premium amount was deducted from his account for insurance of his wheat crop of Rabi 2018-2019. The complainant in order to prove that he is having his agricultural land in village Baruwali-II has placed on file copy of jamabandi as Ex.C1. So, it is proved on record that complainant is having his land in said village Baruwali-II and not in village Baruwali-I. The defence plea of the op no.1 bank that name of village of insured land was mentioned as Baruwali-II is disproved by its own document i.e. insurance details/ particulars provided to the complainant by op no.1 bank which is placed on file by complainant as Ex.C3 in which the area of complainant is shown in village Baruwali Ist. As such it is proved on record that wrong name of village of complainant was uploaded by the op no.1 bank on the national crop insurance portal. In so far as damage to the wheat crop of complainant of Rabi 2018-2019 is concerned, the complainant in order to prove the damage to his crop has also placed on file letter/ report of Deputy Director, Agriculture department, Sirsa as Ex.C4 which reveals that average yield of wheat crop of Rabi 2018-2019 in village Baruwali-II was 2616.87 Kgs. per hectare and threshold yield of block Nathusari Chopta was 4556.16 Kgs. per hectare and therefore, as per guidelines of PMFBY, there was loss to the wheat crop of complainant in Rabi 2018-2019. So, as per formula given in operational guidelines of PMFBY, the complainant is entitled to insurance claim amount of Rs.47,000/- from op no.1 bank for the loss of wheat crop in Rabi 2018-2019 in his 1.66 hectare of land as per clauses of operational guidelines of PMFBY.
9. In view of our above discussion, we allow the present complaint qua opposite party no.1 bank and direct op no.1 to pay the claim amount of Rs.47,000/- to the complainant for the loss of his wheat crop of Rabi 2018-2019 within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.47,000/- from op no.1 bank alongwith interest @6% per annum from the date of this order till actual realization. We also direct the op no.1 bank to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above stipulated period. However, complaint qua op no.2 insurance company stands dismissed. 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: 26.02.2024. District Consumer Disputes
Redressal Commission, Sirsa.
