BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 413 of 2022.
Date of Institution : 27.06.2022.
Date of Decision : 08.06.2023.
1. Surender Kumar aged about 45 years,
2. Raman Kumar aged about 43 years sons of Shri Ram Saran, both residents of village Rattakhera, Tehsil Ellenabad, District Sirsa.
……Complainants.
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 complainants.
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 complainants have 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 complainants is that complainants are joint owners in possession in equal share of agricultural land measuring 90 kanals 02 marlas situated in village Rattakhera, Tehsil Ellenabad, District Sirsa. The complainants sown paddy crop in Kharif, 2021 in the above mentioned land. That complainants raised crop loan limit of Rs.10,00,000/- under Kissan Credit Limit facility from op no.1 on 18.06.2009 and as per policy of Government of India namely Pardhan Mantri Fasal Bima Yojna for the agriculturists, the op no.1 got insured paddy crop with op no.2 and debited a sum of Rs.8151.16 on 26.07.2021 in the account of complainants as crop insurance premium but did not supply copy of insurance policy. It is further averred that the crop of Kharif, 2021 in village Rattakhera, Tehsil Ellenabad, District Sirsa including their 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 complainants till date. That complainants 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 complainants. 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.8151.16 as crop loan insurance premium and same was remitted/ paid to op no.2 for insurance of paddy crop of kharif, 2021 of complainants. It is further submitted that kharif crop of 2021 of complainants was not destroyed and no loss has been caused to the complainants. If the complainants proves that their 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 revised PMFBY and State Govt. Notification. On the basis of bank branch named Axis Bank Ltd. Branch Rural Lending Area Office, Karnal mentioned in the complaint, it is found that the complainant is a loanee farmer whose notified crop was insured by his bank branch by uploading the coverage details in the NCI Portal of Govt. of India as hereunder:-
Sh. Surinder Kumar (Farmer ID 109779849) Application ID No. 040106211011330485601 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 17.2 of the revised operational guidelines of PMFBY, the banks are required to upload the insured farmers’ data mandatorily on the National Crop Insurance Portal. No other platform shall be used for uploading/ submission of farmers’ data. Those farmers whose data is uploaded on the NCIP shall only be eligible for insurance coverage and accordingly the premium subsidy will also be released. 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. Accordingly, the answering op no.2 has considered the coverage details of the complainants farmers as uploaded by the op bank in the NCI Portal. It is further submitted that as there was no shortfall in the actual yield of insured paddy crop in the village Rattan Khera (247) Block Dabwali & District Sirsa during Kharif 2021 season, therefore, no area approach claim is payable to the complainants farmer. It is further submitted that as far as localized claims are concerned, as per para 21.5.4.1 of the scheme, immediate intimation (within 72 hours) of the losses by the insured farmer is mandatory but op no.2 has not received any intimation of crop loss from the complainants farmer for kharif, 2021 season for the above mentioned crop. Therefore, no individual claims are assessed/ payable to the farmer for the above mentioned season. 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 complainants in evidence have tendered affidavit of Surender Kumar complainant Ex.CW1/A, affidavit of Mrs. Sarina Rani wife of Sh. Vinod Kumar as Ex.C1, affidavit of Sh. Vinod Kumar son of Sh. Jai Gopal, resident of village Ratta Khera as Ex.C2, and documents Ex. C3 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 complainants of kharif, 2021, on 26.07.2021 the op no.1 bank deducted premium amount of Rs.8151.16 from the account of complainants and was paid/ remitted to op no.2 insurance company. The complainants are having their agricultural land in village Ratta Khera, Hadbast No.326, Tehsil Ellenabad, District Sirsa as is evident from copy of jamabandi placed on file by complainants as Ex.C12. 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 complainants 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 complainants. 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 complainants have not received insurance claim for the damage of their 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 complainants 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 complainants 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 complainants in Kharif, 2021. The complainants have claimed insurance claim amount of Rs.1,80,000/- for the complete damage of their paddy crop in 90 kanals 02 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 complainants. 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 complainants have claimed that they is owning 90 kanals 16 marlas land i.e. about 4.55 hectares of land and sown paddy crop in this 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 complainants are entitled to insurance claim amount of Rs.57,000/- for the loss of their paddy crop of kharif, 2021 in his 4.55 hectare of land. Since the wrong entry of area of agricultural land of complainants was made by op no.1 bank, therefore, op no.1 bank only is liable to pay the said amount to the complainants 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.57,000/- to the complainants for the loss of their 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.57,000/- to the complainants 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 complainants. 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.
