Haryana

Fatehabad

CC/347/2018

Rajesh Kumar - Complainant(s)

Versus

Bajaj Allianz General Insurance - Opp.Party(s)

Ajay Sharma

19 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.347 of 2018.                                                              Date of Instt.: 22.10.2018.                                                                         Date of Decision: 19.04.2023

Rajesh Kumar son of Surja Ram son of Ladhu resident of village Bodiwali, Tehsil & District Fatehabad.

                                                                            ...Complainant.

                                     Versus     

1.Bajaj Allianz General Insurance Company Limited SCO 156 to 159, 2^nd floor, Sector 9-C, Madhya Marg, Chandigarh through its Authorised signatory.

2.Union Bank of India, Branch G.T.Road, Fatehabad, Tehsil & District Fatehabad through its Branch Manager.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                   Sh.Ajay Sharma, Advocate for complainant.                                             Sh.U.K.Gera, Advocate for Op No.1.                                                                    Sh.Sandeep Bhatia, Advocate for Op No.2.                                                          

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                  SH.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 as mentioned in para No.1 of the complaint situated at Village Bodiwali Tehsil & District Hisar. It is alleged that the complainant had sown cotton crops on the land in question and had also availed Kisan Credit Card (KCC) facility with account No.354705030152469; that the complainant got the standing cotton crop insured with the Op No.1 through Op No.2; that due to heavy rain fall, hailstorm and snow fall, the sown cotton crop of the complainant got damaged; that the Op No.1 being insurer of the crop is liable to indemnify the loss suffered by the complainant on loss of crop suffered by the complainants; that the losses were assessed Rs.20,000/- per hectare; 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 loss of crop in sum of Rs.94625/-. Rs.50,000/- and Rs. 11000/- towards mental agony, harassment and litigation expenses has also been claimed. Any other claim has also been prayed at the discretion of the Commission.

2.                          Upon notice, the OPs appeared before this Commission and contested the complaint by filing their replies separately.

3.                          Op No.1 filed its separate reply wherein it has been submitted that as per the complaint, loss of cotton crop has been effected due heavy rainfall, hailstorm and snowfall but in fact the crop of paddy was insured, therefore, there is mis-match of the crop; that the complainant never intimated to the answering Op for alleged loss of crop despite the fact that it had to be submitted as per the operational guidelines, therefore, due to this further process such as survey of damaged field could not be conducted as localized claim is not payable in the absence of any claim; that the loss of crop due to heavy rainfall, hailstorm and snowfall is not covered under the guidelines; that there is no deficiency in service on the part of answering Op.  Preliminary objections such as cause of action, concealment of material facts and jurisdiction etc. have also been taken. Other contentions of the complaint have been controverted and prayer for dismissal of the complaint has been made.

                             Op No.2 filed the reply raising preliminary objections with regard to suppression of material facts, cause of action, maintainability and jurisdiction; that amount of premium for insuring the paddy crop was debited from the loan account of the complainant as he had disclosed about sowing of paddy crop in his land; that thereafter premium amount was sent to Op no.1/insurance company without any delay, therefore, the insurance company is liable to make the payment of loss of crop; that the complainant has disclosed that he has sown paddy crop in his fields; that there is no deficiency in service on the part of answering Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayer for dismissal of complaint has been made.          

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW1/A alongwith documents Ex.C1 to Ex.C3 and Annexure C1 and Annexure C2.

5.                          On the other hand, learned counsel for the OP No.1 tendered into evidence affidavit of tendered affidavit of Jai Singh, Senior Executive Legal Annexure R2 alongwith documents Annexure R3 to Annexure R7. Learned counsel for OP No.2 tendered affidavit of B.R.Meena as Ex.RW2/A and  document Annexure R1. Thereafter evidence of 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.                          Undisputedly, the complainant is the consumer of the Op No.2, as is evident through photo copy of statement of account placed on case file as Ex.C1. 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 OP No.1, but when his crop got damaged, no compensation on account of insured crop was given to them despite the fact that he had completed all the formalities with regard to compensation of damaged cotton crop.

9.                          The complainant in his complaint has mentioned that due to heavy rain fall, hailstorm and snow fall the cotton crop in their fields 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. On the other the Ops have resisted the claim of complainant on the ground the complainant himself got insured the paddy crop but now he is claiming loss on account of damage of cotton crop. Learned counsel for the Ops drew the attention of this Commission towards the documents such as copy of proposal form, copy of policy and copy of application form for credit facilities which have been placed on the case file as Annexure R3, Annexure R4 and Annexure R1. Perusal of all these documents show that the paddy crop was insured and the same was disclosed by the complainant but it is strange that the complainant by way of this complaint is claiming compensation for the cotton crop.

10.                       Learned counsel for the Ops further resisted the claim of the complainant on the ground 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. Further the stand taken by the complainant in his complaint is also contradictory because as per above mentioned documents he himself has admitted about sowing of paddy crop in his field.

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:19.04.2023

                                                                                                        

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