Haryana

Charkhi Dadri

CC/77/2022

Khushi Ram - Complainant(s)

Versus

Bajaj Allianz General Insurance Company Limited - Opp.Party(s)

Rahul Kumar

25 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, CHARKHI DADRI. 

 

                                                           Complaint No.         77 of 2022.                                                                                     Date of Institution:  24.03.2022

                                                         Date of order:        25.09.2024

 

Khushi Ram son of Badlu Ram, resident of village Kaliyawas, Tehsil Matanhail, District Jhajjar

                                                                             ..Complainant.

                                                VERSUS

Bajaj Allianz General Insurance Company Limited, Bajaj Allianz House, Airport Road, Yerawada, Pune-411006 through its Authorized Signatory/M.D.

                                                                         ..Opposite parties.

                                                COMPLAINT UNDER THE OF

                                                THE CONSUMER PROTECTION ACT

 

Before-        Hon’ble Manjit Singh Naryal……………PRESIDENT.

                   Hon’ble Dharam Pal Rauhilla……………MEMBER.

 

Argued by:   Sh. Rahul Kumar,Adv. for complainant.

                    Sh. Rajender Verma, Adv. for OP.

O R D E R

1.           Complainant (hereinafter referred to as “the complainant”) has filed the present complaint against the opposite party (hereinafter referred to as “the OP”) with the averments that he owns and possesses agriculture land, situated in the revenue state of village Kaliyawas, Tehsil Matanhail District Jhajjar. It is averred that the complainant got insured his Kharif 2021 Pearl Millet crop from the CSC Centre by paying total premium of Rs. 705.69/- which was duly credited into the account of insurance company and accordingly, the OP issued receipt/policy no.0401062100412808208. It is averred that the said crop of complainant was insured by the OP under Pradhan Mantri Fasal Bima Yojna (PMFBY). It is averred that the crop of complainant as well as other villagers got damaged due to woter lodging. The other villagers got the claim in respect of their damaged crop but the complainant did not get the claim. The complainant completed all the requirement of OP in order to get the claim of his damaged crops but the OP clearly denied paying any compensation to the complainant. The grievance of the Complainant remained unheard and the complainant was left with no other option but to send a legal notice to the OP dated 17.2.2022 through his counsel. The same was received by the opposite party, however, despite receiving the said legal notice, the opposite party deliberately neglected and evaded to comply with the same. Accordingly, OP did not pay the amount of crop loss and that amounts to a grave deficiency in service on the part of the OP. Due to the act and conduct of the OP, the complainant has suffered a loss of Rs.35,285/-.  Hence, the complainant has come to this Commission and filed the present complaint with the prayer to direct the OP for compensation of Rs.35,285/- on account of loss of crop alongwith compensation on account of harassment and litigation expenses etc. besides  any other relief, to which the complainant is found entitled.
2.           Upon notice, the OP appeared and filed its written statement alleging therein that the applications for insurance of the complainant was rejected  by OP, as name of the insured was not found in the land record in portal data. So premium received by the insurance company was refunded to the complainant on  15.2.2022. As such there is no deficiency in service on the part of answering OP and the complainant is not entitled for any claim and prayed for dismissal of complaint.
3.           The learned counsel for the complainant in support of his case has filed affidavit Ex.CW1/A and tendered the documents Ex.C1 to Ex.C6 and evidence of the complainant was closed on 14.07.2023.
4.           Ld. Counsel for the OP has tendered affidavit Ex.RW1/A and document Ex.R1 and evidence of OP was closed on 15.3.2024.
5. 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 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.

6.           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 and drawn the attention of this Commission towards document (Ex. C-6) tendered on record by the complainant. On perusal of said document (Ex.C6), it is observed that it is an affidavit submitted by Badlu Ram son of Harphul  S/o Puran resident of village Kaliyawas Teshil Matanhail, District Jhajjar, wherein he deposed on oath that he had given his land to Khushi Ram son of Badlu Ram for cultivation and they had no objection if he got insured his crop under Pradhan Mantri Fasal Bima Yojna. So, the contention raised by the OP in their written statement that the application submitted by the complainant was rejected on the ground name of the insured/farmer is not found in the land record in portal data is wrong and illegal.

7.                The CSC application (Ex. C-2) also proves this fact that Khushi Ram complainant had got insured his 0.85 hectare Pearl Millet (Bajra) crop with the OP for Rs. 35,285.2/-on premium amount of govt. share as Rs. 3528.5 ps and farmer share as Rs. 705.69ps.  As regards the contention  of the OP that name of the complainant was not found in the land record in portal, the complainant has placed on record “Statement Declaration” dated 29.7.2021 duly notarized wherein the owner of the land viz. Badlu Ram S/o Harphool R/o Village Kaliyawas, Tehsil Matanhail, District Jhajjar has declared that his land is cultivated by the complainant and he has no objection for insurance of the crop under Pardhan Mandtri Fasal Bima Yojana (PMFBY) and getting  claim by te complainant. In this connection reference is invited  to Pardhan Mantri Fasal Bima Yojana—Revamped Operational Guidelines (Effective from Kharif 2020) wherein  tenant farmers are allowed for insurance  of crop under PMFBY. The relevant Clause 3. of the said guidelines is reproduced below:-

          3.Coverage of Farmers:

3.1  All farmers including sharecroppers and tenant farmers growing the notified crops in the notified areas are eligible for coverage. Howver, farmers should have insurable interest for the insured crops and lands. Such farmers are requied to submit necessary documentary evidence of land records prevailing in the State (Records of Right (RoR), Land Possession Certificate (LPC) etc.) and/or applicable contract/agreement details/other documents notified/permitted by concerned State Government  in case of sharecroppers/tenant farmers and the same should be defined by the respective states in the notification itself. Such farmers are also required to essentially submit Aadhar Number and declaration about the crop sown/crops intended to be sown.

8.                 In order to prove the contents of complaint that the complainant suffered losses of Pearl Millet crop, the learned counsel for complainant has placed on record Assessment Report (Ex. C-3) duly issued by the Block Agriculture Officer, Matanhail wherein on form No. 3 of Pradhan Mantri Fasal Beema Yojna, it was certified by the authority that the complainant suffered losses of Bajra crop of 0.8 hectare land upto 90% of Bajra crop sown by him due to Inundation.

9.                On perusal of above documents, it stands established that the complainant suffered 90% losses of Bajra crop of 0.8 hectare land, which was insured by the OP under Pardhan Mantri Fasal Bima Yojana for Rs. 35,285.2/- (Ex.C2)and the crop was destroyed due to some calamity/Inundation but the OP had refunded the amount of premium in the bank account of complainant on 15.2.2022 as per affidavit (Ex.RW-1/A) submitted by Eileen Rose Tirkey, Senior Executive Legal, Authorized representative of Bajaj Allianz General Insurance on behalf of OP. It is pertinent to mention here that the complainant applied for insurance of Pearl Millet (Bajra) crop and paid premium for Rs.705.69/- on 24.08.2021 but the OP refunded the premium to the complainant on 15.2.2022 as name of the complainant not found in land records. The OP had not taken cognizance of statement of declaration dt.29.7.2021 made by the owner of the land viz. Badlu Ram S/o Shri Harphool about giving land to the complainant for cultivation which is provided under PMFBY.

10.              In view of aforesaid discussion and findings and documents placed on record and arguments advanced by both the counsel, the complaint is allowed. We therefore, direct the OP as under:-

1. To pay a sum compensation of Rs. 31,757/-(Rupees Thirty One Thousand Seven Hundred & fifty Seven only) to the complainant as compensation on account of 90% loss of crop- Bajra sown 0.85 hectare land and insured for Rs35,285.2, after deducting the premium amount of Rs.705.69/-already refunded to the complainant on 15.2.2022 (Net amount to be paid is Rs.31,051/-). The above awarded amount shall be paid by the OP to the complainant along with an interest @ 6% p.a. from the date of filing of the present complaint i.e. 24.3.2022, till final realization.
2. 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.

11.       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 attract interest @9% per annum.

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

13.              File be consigned to the record room after due compliance.