Haryana

Fatehabad

CC/292/2018

Banwari Lal - Complainant(s)

Versus

Bajaj Allianz General Insurance - Opp.Party(s)

S.C Jayani

18 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.292 of 2018.                                                              Date of Instt.: 26.09.2018.                                                                         Date of Decision: 18.04.2023.

Banwari Lal son of Moman son of Pitha resident of Bhuthan Kalan Tehsil & District Fatehabad.

                                                                            ...Complainant.

                                     Versus     

 

1. Bajaj Allianz General Insurance Company Limited, GE Plaza Air Port Road, Tharwada Pune 411006 registered number 113 through its Managing Director/ General Manager.

2.Bajaj Allianz General Insurance Company Limited Kamla Nagar, Kamla Palace Red Square Market, Hisar District Hisar.                       

 2.State Bank of India, Branch Bhirdhana village Bhirdhana Tehsil & District Fatehabad through its Branch Manager.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

 

Present:                  Sh.S.C.Jyani, Advocate for complainant.                                                   Sh.U.K.Gera, Advocate for Op No.1.                                                                 Sh.Sanjeev Mehta, Advocate for Op No.2.        

 

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

                   

ORDER

SH. RAJBIR SINGH, PRESIDENT

                     In brief, the facts of the present case are that the complainant is an agriculturist by profession and is having agricultural land, the details of which has been mentioned in para No.1 of the compliant, situated at Village Bhuthan Kalan Tehsil & District Fatehabad. It is alleged that the complainant had sown cotton crops/kharif crops on the land in question and had also availed Kisan Credit Card (KCC) facility with account No.31606743472; that the complainant got the standing crop insured with the Op No.1 and in this regard an amount of Rs.2097.60/- was debited from his account by Op No.3, as premium of the insurance in question, which was credited in the account of Op Nos.1 & 2; that many other farmers of the same village have already received claim on account of crop loss; that despite several requests, the claim for lost crops has not been paid by the Ops, due to which complainant has suffered great financial losses. In the end, prayer has been made for allowing compensation for lost crops in the sum of Rs.90,000/- being Rs.24,000/- per acre loss. Rs.1,00,000/- & Rs.20,0,00/-  also claimed towards mental agony, harassment and litigation expenses has also been claimed.

2.                          Upon notice, the OPs appeared before this Commission and contested the complaint by filing their replies separately. Op No.1 filed its separate reply wherein it has been submitted that the reason for loss mentioned in the complaint has not been covered under the terms and conditions of the policy; that the role of the insurance company is only to pay the claim in accordance with the “Pardhan Mantri Fasal Bima Yojna” but the insurance company cannot be held liable for any mistake/negligence done by either complainant or the bank of the complainant; that the complainant has never intimated to the answering Op for alleged loss of crop despite the fact that it had to be submitted within 48 hours, therefore, due to this further process such as survey of damaged field could not be conducted; that only localized claims were to be decided by the answering Op and other risks were to be handled by the government agencies; that the complainant had to approach DAC and FW for any kind of claim and the decision to be taken by the concerned department was binding on State Government/insurance company/banks but the complainant has filed the present complaint before this Commission without any logic and base; that due to non-intimation, survey of the alleged crop could not be got conducted; that there is no privity of contract between the complainant and answering Op, therefore, the present complaint is not maintainable; that there is no deficiency in service on the part of answering Op.  Other contents mentioned in the complaint have been contorverted and prayer for dismissal of complaint.

3.                          In the reply filed on behalf of Op No.2, wherein several preliminary objections such as cause of action, locus standi, maintainability, concealment of material facts etc. have been taken. It has been further submitted that an amount Rs.9,54,575.50/- of 344 farmers  for insurance of kharif crops 2017 was paid to Op No.1 on 31.07.2017 vide UTR No.SBIN717212939969  including the amount of Rs.2097.60/- of complainant; that  the amount of premium was accepted by the OPs No.1 & 2 without any protest and after retaining the amount for almost 11 months, on 25.06.2018, Op No.1, all of  sudden returned the entire premium amount of  124 farmers by crediting the amount in BGL account of the bank which is called Crop Insurance Claims received account without any reference or correspondence with the bank.. There is no deficiency in service on the part of bank. Other contentions have also been controverted and prayer for dismissal of the complaint has been made. In the end, prayer for dismissal of the complaint has been made.

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant Ex.CW1/A alongwith documents Annexure 1 to Annexure 14 and thereafter, closed the evidence on behalf of complainant.

5.                      On the other hand, learned counsel for the OPs No.1 & 2 tendered into evidence affidavit of tendered affidavit of Sh.Jai Singh, Senior Executive Legal Annexure R1 and documents Annexure-R2 to Annexure R4 whereas learned counsel for the OP No.3 has tendered affidavit  of Sh.Sunil Kumar, Branch Manager as Annexure RW3/A and documents Annexure R1 to Annexure  R6. Thereafter the evidence on behalf of the Ops was closed.

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

7.                          In our considered opinion the main controversy to be decided in this matter is as to whether there was any deficiency, on the part of any of the Ops, so as to compensate the complainant, qua alleged damage to his crops, as claimed in the complaint under consideration.

8.                          It has been argued by learned counsel for the complainant that the complainant had sown ‘cotton’ crops in his land, which was duly insured, under PMFBY with OPs No.1 & 2, but when his crop got damaged, no compensation on account of insured crop was given to him despite the fact that he had completed all the formalities with regard to compensation of damaged cotton crop.

9.                          The complainant submitted that due to bad heavy rain fall, hail storm and snow fall the sown cotton crop in his field got damaged but despite it being insured, the Ops did not make the compensation as per the insurance policy and due to inaction on the part of Ops he has suffered mental agony, harassment besides financial loss.  

10.                       Learned counsel for the Ops resisted the claim of the complainant on the ground that except the localised claims all other perils were to be finalized by the government agencies on the basis of yield of crop.  It has been further argued by learned counsel for the Ops that the complainant did not intimate the Ops qua the damage of crop within 48 hours as per the operational guidelines; therefore, the Ops could not get the survey of the damaged crop done. It is worthwhile to mention here that it is a settled principle of law that the complainant has to stand on his own legs to prove his/her case without taking the benefit of opposite side but in the present case, the complainant has not led any satisfactory evidence either oral or documentary qua getting the alleged loss of crop concerned inspected, through any expert/competent authority. The complainant has also not explained on the case file as to when the intimation about the alleged loss of crop was ever given to the any of the Ops and without intimation the Ops were unable to conduct the survey qua the damaged crops and without survey the Ops cannot assess the loss of damaged crop, therefore, we have no hitch to reach at a conclusion that the complainant has not been able to prove his case by leading cogent and clinching evidence.

11.                        On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of any of the Ops, as alleged, so as to make any of them liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

 

Announced in open Commission                                                             Dated: 18.04.2023

                                                                                                        

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