Haryana

Fatehabad

CC/254/2018

Satpal - Complainant(s)

Versus

Bajaj Allianz General Insurance - Opp.Party(s)

I.D Sihag

17 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.254 of 2018.                                                              Date of Instt.:  11.09.2018.                                                                        Date of Decision: 17.03.2023.

Satpal son of Rai Sahab resident of village Jhalnia Tehsil & District Fatehabad.

                                                                            ...Complainant.

                                     Versus     

 

1.Bajaj Allianz General Insurance Company Limited, SCO No.150-156, Sector  9-C, Madhya  Marg, Chandigarh through its Authorised signatory.

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

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                  Sh.I.D.Sihag, Advocate for complainant.                                                    Sh.U.K.Gera, Advocate for Op No.1.                                                                    Sh.Sanjiv 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

 

                    Brief facts of the present complaint are that the complainant is owner in possession of land situated at Village Jhalnia Tehsil & District Fatehabad, the detail of which is mentioned in para No.1 of the complaint; 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.33117369574; that the complainant got the standing crop insured under the scheme “Pardhan Mantri Fasal Bima Yojna” with the Op No.1 on 29.07.2017 and in this regard an amount of Rs.1959.60 was debited from his account by Op No.2 as premium of the insurance in question, which was credited in the account of Op No.1; that due to heavy rain fail, hailstorm and snow fall, the cotton crop of the complainant got damaged and complainant intimated agriculture department/Ops to inspect the loss suffered; that the losses were assessed Rs.42,997.38/- per hectare; that despite several requests the claim for damaged 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 sum of Rs.60,626/-. Rs.25,000/- and Rs.7700/- have also been claimed towards mental agony, harassment and litigation expenses. Any other relief at the discretion of this Commission also sought.

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 several preliminary objections such as cause of action and locus standi etc. It has been further averred that the present complaint before this Commission is not maintainable because  except localized claims, all other perils were to be finalised by government agencies and  the complainant should have approached DAC & FW Department for any kind of grievance related to scheme or claim and decision of said department would have been binding on State Government/Insurance Company/Banks/farmers but instead of that the complainants had approached the District Consumer Commission (earlier Consumer Forum) with malafide intention by violating standard terms and conditions of the scheme. Further, the complainant had never given any intimation to the insurance company regarding any loss despite the fact that there is a condition for immediate intimation of claim within 48 hours of loss. It has been further averred that no proof of loss or weather report has been submitted with insurance company by the complainant and even quantification of loss cannot be determined in absence of necessary survey and there is no privity of contract between complainants and insurance company. 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.

3.                          In the reply filed on behalf of Op No.2, it has been averred, inter-alia, that this complaint is wrong against law; that the complainant has no cause of action and locus standi to file the present complaint and the present complaint is not maintainable before this Commission. It has been further submitted that an amount of Rs.9,54,575.50/- of 344 farmers for insurance of kharif crops 2017 under PMFBY was  paid to the OP No.1 on 31.07.2017 vide UTR No. SBIN717212939969 including the amount of Rs.1959.60 of the complainant. The replying Op had also intimated the insurance company regarding non-submission of the Aadhar Card by the complainant  with some other farmers through email on 07.08.2017. It has been further submitted that Op No.1 accepted the premium amount and retained the same with it for 11 months but when the crops got   damages, all of sudden the entire premium amount of 124 farmers were returned and created in BGL Account of the bank called Crop Insurance Claims received account without any reference or correspondence with the answering Op. 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  Annexure CW1/A, affidavit of  Chander Pal son of Rai Sahab as Annexure CW2/A alongwith documents Anneuxre-C1 to Annexure-C8 and thereafter, closed the evidence on behalf of complainant.

 5.                     On the other hand, learned counsel for the OP No.1 tendered into evidence affidavit of Sh.Jai Singh, Sr.Executive Legal as Annexure R7 with documents Annexure R8 and Annexure R9 whereas learned counsel for the Op No.2 has tendered affidavit of Sh.Sunil Kumar, Branch Manager as Ex.RW1/A alongwith documents Annexure R1, Ex.R1 to Ex.R6. Thereafter, the evidence of the Ops was closed.

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

7.                          The grievance of the complainant is that his cotton crop for the Khariff, 2017 season was damaged due to heavy rain fall, hailstorm and snow fall 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 C6 and copy of khasra girdwari for the year 2017-2018 Annexure C8. The complainant has also placed on record copy of statement of account Annexure C3, from which it is proved on record that on 29.07.2017, an amount of Rs.1959.60/- was deducted from his account by op no.2 as insurance premium for insuring the cotton crop of kharif 2017 with op no.1. 

8.                          OP No.2 in its written statement has mentioned that  total amount of Rs.9,54,575.50/-, as premium amount, of 344 farmers including the amount of Rs.1959.60 of the complainant was debited from KCC account of the complainant and same was remitted to insurance company vide UTR No. SBIN717212939969 on 31.07.2017 but the insurance company after accepting the amount retained the same for more than eleven months.  It has also been mentioned in the written statement that all of a sudden, the insurance company remitted back the amount to Op No.2 on 25.06.2018 without any justification and reason despite knowing the fact that the insured crops got suffered loss and the insurance company will have to make the insurance claim.

9.                          The complainant has alleged that his cotton crop of Kharif, 2017 season was damaged and the concerned department had assessed the loss to the tune of Rs.42997.38 per hectare. This fact finds support from the report made by concerned Agriculture Department on the application dated 26.02.2019 of the complainant, which is placed on case file as Annexure C1. Learned counsel for the complainant has also drawn the attention of this Commission towards statement of account of one Chanderpal of village Jhalnia wherein it has been that he had already received an amount of Rs.50306/- as compensation/claim of damaged kharif 2017 but the complainant has been left high and dry due to the reasons best known by the Ops. Op No.1 has not led any cogent and convincing evidence to prove that there was no damage to the crop of cotton of Kharif, 2017 in village Jhalnia including the crop of complainant and other farmers.

10.                        Undisputedly, the insurance company had accepted the payment qua insurance premium of crop and kept the same with it for a longer period of more than eleven months meaning thereby that op no.1 had accepted the premium without any objection and now when the damage to the crop of complainant has been caused, then op no.1 arbitrarily and illegally denying to pay the genuine claim of the complainant. So, the OP no.1 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.1 only is found liable to pay claim amount for the damages to the cotton crop of complainant for Kharif 2017 season and op no.2 is not found responsible in this regard.

11.                        Now the question arises as to how much amount of compensation is to be given to the complainant for the damages of his cotton crop of kharif, 2017.

12.                        According to the complainant, he had sown cotton crop in his 28 kanals 04 marlas of land and has claimed an amount of Rs.60626/- as claim amount for the damages of his cotton crop in Kharif, 2017. There is nothing on file to disbelieve the version of complainant. The complainant has also not claimed any excess amount in this regard and in our considered opinion, the said amount of Rs.60626/- for damages of cotton crop in 28 kanals 04 marlas appears to be just and proper amount to be paid to the complainant. Besides above said amount, complainant is also entitled to compensation for harassment and litigation expenses from op no.1.

13.                        Thus, as a sequel to our above discussion, we allow the present complaint against OP no.1 with a direction as follows:

(1)                        To pay an amount of Rs.60626/- as insurance claim amount to the complainant for the damages of cotton crop of Kharif, 2017, sown by him in 28 kanals 04 marla.

(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 this order till actual payment.  The order be complied within a period of 30 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. 2, therefore, complaint against Op No.2 stands dismissed.  However, the Op No.2 is directed to return the amount of insurance premium to the tune of Rs.1959.60/- received from the Op No.1, within a period of 30 days from today. Copy of this order be supplied to the parties concerned, free of cost, as per rules, and thereafter, the case file be consigned to record room, as per rules, after necessary compliance. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein.

 

Announced in open Commission.                                                            Dated: 17.03.2023

                                                                                                        

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