BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 412 of 2022.
Date of Institution : 27.06.2022.
Date of Decision : 08.06.2023.
Ram Saran aged about 65 years son of Shri Munshi Ram, resident of village Rattakhera, Tehsil Ellenabad, District Sirsa.
……Complainant.
Versus.
1. Axis Bank, Sangwan Chowk Dabwali Road Sirsa Branch, Distt. Sirsa, through its Branch Manager.
2. Agriculture Insurance Company of India Limited, Regional Office, Cabin No.7, 3rd Floor, Agro Mall, Sector-20, Panchkula, through its Regional Manager.
3. Deputy Director of Agriculture and Farmers Welfare Department, Sirsa.
...…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. R. K. Mehta, Advocate for complainant.
Sh. Rishi Sharma, Advocate for opposite party No.1.
Sh. A.S. Kalra, 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 the complainant is that complainant is owner in possession of agricultural land measuring 104 kanals 16 marlas situated in village Rattakhera, Tehsil Ellenabad, District Sirsa. The complainant sown paddy crop in Kharif, 2021 in the above mentioned land. That complainant raised crop loan limit of Rs.15,00,000/- under Kissan Credit Limit facility from op no.1 on 14.06.2012 and a sper policy of Government of India namely Pardhan Mantri Fasal Bima Yojna for the agriculturist, the op no.1 got insured paddy crop with op no.2 and debited a sum of Rs.8715.74 on 26.07.2021 in the account of complainant as crop insurance premium but did not supply copy of insurance policy despite his request. It is further averred that the crop of Kharif, 2021 in village Rattakhera, Tehsil Ellenabad, District Sirsa including his total crop of paddy was damaged on account of natural calamities and op no.3 Agriculture department surveyed the fields of village Rattakhera and submitted its report to the ops no.1 and 2. The op no.2 thereafter settled the claim of farmers of his village approximately at the rate of Rs.16,000/- per acre but same has not been paid to the complainant till date. That complainant approached the ops and requested for the claim but to no effect and as such ops have caused unnecessary harassment and financial loss to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that crops of complainant were got insured with op no.2 and answering op debited a sum of Rs.8715.74 as crop loan insurance premium and same was remitted/ paid to op no.2 for insurance of paddy crop of kharif, 2021 of complainant. It is further submitted that kharif crop of 2021 of complainant was not destroyed and no loss has been caused to the complainant. If the complainant proves that his crop has been damaged, then op no.2 is liable to make the payment of claim. Remaining contents of complaint are also denied and prayer for dismissal of complaint qua op no.1 made.
4. OP no.2 also filed written version and submitted inter-alia that claims are payable as per the provisions of PMFBY and State Govt. Notification. On the basis of complainant’s name and bank branch name mentioned in the complaint, it is found that the complainant is a loanee farmer whose notified crop was compulsorily insured by complainant’s bank branch by uploading the coverage details in the NCI Portal of Govt. of India as hereunder:-
Sh. Ram Saran son of Sh. Munshi Ram (Farmer ID 103874190) Application ID No. 040106211011346497401 uploaded by Axis Bank Limited, Branch Rural Lending Area Office, Karnal for coverage of paddy crop in land survey no.247 and land subdivision no. 247 of village Rattan Khera (247) Block Dabwali & District Sirsa (Kharif 2021).
It is further submitted that as per para 2.11 and 17.2 of the operational guidelines of PMFBY, the banks are required to upload their individual farmers’ coverage details like crops, crop villages, land survey nos., area insured etc. in National Crop Insurance Portal which are only basis of insurance coverage. The eligible claims are also settled on the basis of coverage details uploaded in national portal. Accordingly, the answering op has considered the coverage details of the complainant farmers as uploaded by the op bank in the NCI Portal. It is further submitted that as per scheme provisions and Haryana State Govt. notification, the Area Approach Claim are calculated on the basis of Actual Yield data provided by the Directorate of Agriculture, Haryana. On Area Approach, there was no claim payable in concerned Notified Unit i.e. village Rattan Khera (247) of Block Dabwali and District Sirsa, Haryana for all the insured farmer including complainant farmer. It is further submitted that claims for Area Approach basis i.e. under Wide Spread Calamities has already been finalized as per scheme provision and notification after receipt of Actual Yield data (based on the crop cutting experiments conducted by the State Govt. As per notified area mentioned in state notification) as per the formula mentioned in the scheme. The State Govt., through its Directorate of Agriculture provides crop yield data with requisite crop cutting experiments (CCEs) for the seasons Kharif, 2021 vide letter dated 28.01.2022 (Sirsa). The State Govt. has furnished Threshold Yield data vide letter dated 25.08.2020 according to which threshold yield is 3481.38 and actual yield of village Rattan Khera (247) Dabwali is 4190.58579 and there is no shortfall in the yield in village Rattan Khera (247). It is further submitted that as there was no shortfall in the actual crop yield for insured paddy crop in village Rattan Khera (247) during the Kharif 2021 season, therefore, no area approach claim is payable to the complainant farmer for the above said reason. That as far as localized claims are concerned, as per para 21.5.4.1 it is mandatory to give immediate intimation within 72 hours about the crop loss for the purpose of loss assessment. However, no localized crop loss intimation was received with regard to Kharif 2021 season, therefore, no localized claim is payable to the complainant. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
5. Op no.3 also filed its written version raising certain preliminary objections. It is submitted that only crop cutting experience report or survey of loss of crop is to be prepared by the op and all other risks of coverage were to be finalized by the insurance company and there is no role of answering op in this regard. The yield basis claims are settled by the insurance company only on completion of other necessary formalities as prescribed in operational guidelines of scheme, which have already been given by the answering op within specific time period as prescribed in the operational guidelines of the Government of India. Remaining contents of complaint are also denied and prayer for dismissal of complaint qua op no.3 made.
6. The complainant in evidence has tendered his affidavit Ex.C1, affidavit of Sh. Vinod Kumar son of Sh. Jai Gopal, resident of village Ratta Khera as Ex.C2, affidavit of Mrs. Sarina Rani wife of Sh. Vinod Kumar as Ex.C3 and documents Ex. C4 to Ex. C15.
7. On the other hand, op no.1 bank has tendered affidavit of Sh. Ravi Kumar, A.O. / Authorized signatory as Ex. R1.
8. Op no.3 has tendered affidavit of Sh. Babu Lal, Deputy Director of Agriculture, Sirsa as Ex.R2, Haryana Govt. agriculture and farmers welfare department notification dated 15.07.2020 Ex.R3 and village wise tabulation sheet of sum insured and claim under PMFBY for Kharif 2021 as Ex.R4. OP no.2 has tendered affidavit of Sh. Geddam Gandhi Raju Regional Manager as Ex.R5 and documents Ex.R6 to Ex.R14.
9. We have heard learned counsel for the parties as well as Sh. Satish Kumar, SA for op no.3 and have gone through the case file carefully.
10. Admittedly for insurance of paddy crop of complainant of kharif, 2021, on 26.07.2021 the op no.1 bank deducted premium amount of Rs.8715.74 from the account of complainant and was paid/ remitted to op no.2 insurance company. The complainant is having his agricultural land in village Ratta Khera, Hadbast No.326, Tehsil Ellenabad, District Sirsa as is evident from copy of jamabandi placed on file by complainant as Ex.C5. Whereas as per document Ex.R11 i.e. particulars of insurance placed on file by op no.2 insurance company, the op no.1 bank uploaded the name of village of complainant as Ratta Khera Hadbast No.247 block Dabwali, Tehsil Dabwali, District Sirsa and since the actual yield of village Ratta Khera, Hadbast No.247, Tehsil Dabwali as per tabulation sheet placed on file by op no.2 was more than the threshold yield of block Dabwali, therefore, op no.2 insurance company did not pay any claim to the complainant. The op no.2 insurance company has also placed on file copy of above said entry made by bank on the portal as Ex.R12 in which the village name of the land of complainant is shown as Ratta Khera (247). So, it is proved on record that complainant has not received insurance claim for the damage of his paddy crop in village Ratta Khera, Hadbast No. 326, Tehsil Ellenabad due to mistake and wrong entry made by op no.1 bank on the insurance portal.
11. Now the question arises that whether there was any loss of paddy crop of complainant in the land situated in village Ratta Khera, Hadbast No. 326, Tehsil Ellenabad, District Sirsa or not? In this regard op no.3 agricultural department who is to conduct survey of the damaged crops of the farmers has placed on file village wise tabulation sheet of sum insured and claim under PMFBY for Kharif, 2021 as Ex.R4, in which it is mentioned that in village Rattakhera Hadbast No. 326, the average yield of paddy crop in kharif, 2021 was 2734.90 and the average yield of block was 3187.70 and as the average yield of village Ratta Khera, Hadbast No.326 i.e. of the village of complainant was less than average yield of block, therefore, it is proved that there was loss of paddy crop in village Ratta Khera. So, it is also proved that there was also loss of paddy crop to the complainant in Kharif, 2021. The complainant has claimed insurance claim amount of Rs.2,10,000/- for the complete damage of his paddy crop in 104 kanals 16 marlas of land but however, from the above said report of agricultural department Ex.R4, it cannot be said that there was total loss to the paddy crop of complainant. A formula has also been given in the operational guidelines of PMFBY for calculation of claim amount for the loss of crop which is as under:-
Threshold yield minus average yield
_____________________________ X sum insured X area.
Threshold yield
12. In the present case, the complainant has claimed that he is owning 104 kanals 16 marlas land i.e. about 5.30 hectares of land and sown paddy crop in this land. But however, insurance premium amount of Rs.8715.74 was paid for 4.94 hectare of land, so the claim is to be calculated for 4.94 hectare of land. The sum insured of paddy crop in 2021-22 of Sirsa District was Rs.88216/- per hectare as per Haryana Govt. notification dated 15.07.2020 Ex.R3. So, as per above said formula, the complainant is entitled to insurance claim amount of Rs.61,900/- for the loss of his paddy crop of kharif, 2021 in his 4.94 hectare of land. Since the wrong entry of area of agricultural land of complainant was made by op no.1 bank, therefore, op no.1 bank only is liable to pay the said amount to the complainant and no liability of remaining ops i.e. op no.2 insurance company and op no.3 is made out.
13. In view of our above discussion, we partly allow the present complaint against op no.1 bank and direct the op no.1 bank to pay insurance claim amount of Rs.61,900/- to the complainant for the loss of his paddy crop of kharif, 2021 within a period of 45 days from the date of receipt of copy of this order, failing which op no.1 bank will be liable to pay the above said amount of Rs.61,900/- to the complainant alongwith interest @6% per annum from the date of this order till actual realization. We also direct the op no.1 to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant. However, complaint against ops no.2 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 Member President,
Dated: 08.06.2023. District Consumer Disputes
JK Redressal Commission, Sirsa.
