Haryana

Fatehabad

CC/123/2019

Balbir Singh - Complainant(s)

Versus

Axix Bank - Opp.Party(s)

K.R Jangra

02 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.123 of 2019.                                                              Date of Instt.:  13.03.2019.                                                                        Date of Decision: 02.01.2024

Balbir Singh son of Dal Singh resident of village : Tehsil Tohana District Tohana.

                                                                           ...Complainant.

                                     Versus     

1.Axis Bank, Branch Office Jakhal District Fatehabad  through its Branch Manager.

2.Bajaj Allianz General Insurance Company Limited, SCO No.156-159, Sector  9-C, Madhya  Marg, Chandigarh through its Authorised signatory.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                         Sh.K.R.Jangra, Advocate for complainant.                                                 Sh.Sandeep Bhatia, Advocate for OP No.1.                                                 Sh.U.K.Gera, Advocate for Op No.2.                                                           

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                  DR.K.S.NIRANIA, MEMBER.                                  

ORDER

SH.RAJBIR SINGH, PRESIDENT

                             Brief facts of the present complaint are that the complainant is owner in possession of land situated at village Dher Tehsil Tohana District Fatehabad; that the complainant had sown paddy crops/kharif crops on the land in question and have an account No.912030040736272; that the complainant got the standing crop insured under the scheme “Pardhan Mantri Fasal Bima Yojna” with the Op No.2; that the crop of the complainant got damaged; that the agriculture department has assessed the claim for lost crop to the tune of Rs.24,000/- per acre by visiting the spot on 12.07.2017; that despite several requests and  the claim for damaged crops has not been paid by the Ops, due to which complainant has suffered great financial losses. The act and conduct of the Ops amounts to deficiency in service and unfair trade practice on their part. Hence, this complaint.

2.                          Upon notice, the OPs appeared before this Commission and contested the complaint by filing their replies separately.  Op No.1 in its reply has taken several preliminary objections such as cause of action, locus standi and concealment of material facts etc. It has been further averred that the premium of paddy crop was debited from the account of the complainant, being disclosed by him, and was further remitted to the insurance company; that no intimation qua the loss was received by the replying Op. Other contentions have been controverted and prayer for dismissal of the complaint has been made.

3.                          In the reply, the Op No.2 has submitted that as per complainant, the loss is due to heavy rainfall and other natural calamities but no intimation has been received by the replying Op for any claim; that due to non intimation the replying Op was not in as position to get the survey conducted, therefore, localised claim is not payable in absence of intimation; that no deficiency in service on the part of replying Op can be attributed in declining the claim of the complainant;  that the acts of the company is well reasoned, justified and bonafide and are based on the insurance contract. There is no deficiency in service on the part of insurance company.  Other contentions made in the complaint have been controverted and prayer for dismissal of the complaint has been made.                 

4.                           To prove his case, learned counsel for the complainant tendered into evidence affidavit Annexure C1 alongwith documents Annexure C2 to Annexure C4. On the other hand, the Ops have tendered affidavits Ex.RW1/A, Ex.RW2/A with documents Annexure R1/1 and Annexure RW2/1 to Annexure RW2/4.

5.                          We have heard oral final arguments from both sides and perused the case file minutely.

6.                          The grievance of the complainant is that his paddy crop for the Khariff, 2017 season got damaged but he has not received any insurance claim till today. The complainant in order to prove his case, has placed on file copy of jamabandi for the year 2015-16 as Annexure C3. The complainant has also placed on record copy of statement of account Annexure 4, from which it is proved on record that on 26.07.2017, an amount of Rs.4976.4/- was deducted from his account by op no.1 as insurance premium for insuring the paddy crop of kharif 2017 with op no.2. 

7.                          The complainant has alleged that his paddy crop of Kharif, 2017 season was damaged and the concerned department had assessed the loss to the tune of Rs.24,000 per hectare in village Dher  in 2.40 hectare and in support of this he has drawn the attention of this Commission towards Annexure C2.

8.                          Undisputedly, the insurance company had accepted the premium without any objection and now when the damage to the crop of complainant has been caused, then it is arbitrarily and illegally denying to pay the genuine claim of the complainant. So, the OP no.2/insurance company  is found deficient in service and is also found involved in unfair trade practice. In the given facts and circumstances of this case, the Op No.2/insurance company only is found liable to pay claim amount for the damages to the cotton crop of complainant for Kharif 2017 season and op no.1/bank is not found responsible in this regard.

9.                          Perusal of the case file reveals that the complainant has suffered loss of sown crop in 2.40 hectare and the concerned Agriculture Department in the report Annexure C2 has assessed the loss to the tune of Rs.24,000 per hectare, therefore, it would be just and proper to give compensation to the complainant as assessed by the concerned agriculture department in its report .

10.                        Thus, as a sequel to our above discussion, we allow the present complaint against OP No.2/insurance company with a direction as follows:

(1)                        To pay an amount of Rs.57600/- as insurance claim amount on account of loss to the complainant for the damages of paddy crop of Kharif, 2017, sown by him in 2.40 hectare.

(2)                        To pay a lump sum amount of Rs.11,000/- (Rs.Eleven Thousand) towards compensation for harassment and mental agony etc. suffered by the complainant as well as for litigation expenses.

                             The amount mentioned at Sr. No. (1) would carry simple interest @ 6 % per annum from the date of filing of the compliant till actual payment.  The order be complied within a period of 45 days from today, failing which the entire amount mentioned at Sr. Nos. (1) & (2) above would carry simple interest @ 9 % per annum from the date of this order till actual payment.  In the given facts and circumstances of this case, no deficiency is found on the part of OP No. 1/bank, therefore, complaint against Op No.1/bank stands dismissed.  

11.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 02.01.2024

 

                                                                                                        

          (K.S.Nirania)                       (Harisha Mehta)                (Rajbir Singh)                              Member                               Member                                             President