BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 321 of 2019
Date of Institution : 18.06.2019
Date of Decision : 19.02.2020.
Ram Swaroop aged about 53 years son of Shri Nathu Ram @ Nathu, resident of village Chaharwala, Tehsil Nathusari Chopta District Sirsa.
……Complainant.
Versus.
Canara Bank main branch Sirsa near Jhunthra Dharamshala, Tehsil and District Sirsa.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. SUKHDEEP KAUR…………… MEMBER
Present: Sh. M. K. Singla, Advocate for the complainant.
Sh. S.L. Sachdeva, Advocate for opposite party.
ORDER
In brief, the case of the complainant is that complainant is owner of land measuring 95 kanal 4 marlas being half share of total land measuring 190 Kanal 8 Marlas (as detailed in para no.1 & 2 of the complaint) situated in village Chaharwala, District Sirsa. That out of total land measuring 190 Kanal 8 marlas, cotton crop was sown in 103 Kanal 17 Marlas land in kharif, 2017 and said land of the share of complainant is mortgaged with op no.1 vide loan account No. 1403841000116. That as per Govt. policy, the bank had to get the crop grown in mortgaged land insured with some insurance company and to deduct the premium from said crop loan account of the borrower. That in the account of complainant, op deducted a sum of Rs.6800/- as insurance premium for kharif 2017 crop season. However, the yield from the said crop was quite less than expected and standard yield. It is further averred that since the average yield of cotton crop in Kharif 2017 remained quite less in village Chaharwala, therefore, farmers of village whose crops were insured got the compensation amount from the banks, but the complainant did not get any compensation for his above cotton crop. That complainant visited the op bank in this regard but op told the complainant that paddy crop of complainant was got insured. That thereafter, the complainant sent a registered letter to the ICICI Lombard Insurance Company on 8.4.2019 and reported the above incidence, but the insurance company did not give any reply to the same. It is further averred that complainant is entitled to get amount of compensation of Rs.46,362/- alongwith interest at the rate of 12% per annum from due date till its realization besides refund of excess amount of premium. That op has committed gross deficiency in service towards the complainant and has caused unnecessary harassment and mental tension. Hence, this complaint.
2. On notice, opposite party appeared and filed reply raising certain preliminary objections regarding non serving of prior notice, estoppal, maintainability, cause of action, concealment of material facts, no consumer dispute and that complaint is hopelessly time barred and that complaint is bad for non joinder of necessary parties and that op has not charged any penny from complainant, hence complainant is not entitled to claim any compensation from the answering op. On merits, it is submitted that as per Govt. policy, the crops so declared to be sown by complainant in his field was required to be insured with insurance company. The complainant himself got paddy crop sown in the month of June to September, wheat crop sown in month of December to April and Potato crops sown in the month of October to December, 2017 and got insured same through answering op. Accordingly, the amount of premium has been debited to his loan account and has been credited to the account of insurance company as per norms. It is further submitted that at the time of advancement of loan as well as at the time of insurance of the crops, complainant declared the crops sown in his field which is paddy, wheat and potato and the paddy crop was insured by complainant himself. If the complainant has sown cotton crop in his field, then he has himself violated the terms and conditions of insurance policy. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of jamabandi for the year 2016-2017 Ex.C2, copy of khasra girdawari Ex.C3, copy of statement of account Ex.C4, copy of application Ex.C5, copy of yield report of agriculture department Ex.C6, copy of application Ex.C7, Ex.C8 and copy of postal receipt Ex.C10. On the other hand, op has furnished affidavit of Sh. Rajesh Pal, Senior Manager as Ex.R1 and copy of statement of account Ex.R2 and copy of application cum appraisal form Ex.R3.
6. As per allegations of complainant, he had sown crop of cotton in his agricultural land in kharif, 2017 and same was got insured through op no.1 which deducted amount of Rs.6800/- as insurance premium from KCC account of complainant which is evident from copy of statement of account Ex.C4. The complainant has also tendered copy of jamabandi Ex.C2 to prove his ownership and has also tendered copy of khasra girdawari Ex.C3 and has also tendered copy of the report duly prepared by Assistant Statistical Officer of agriculture department Ex.C6 according to which average yield of cotton crop of village Chaharwala of kharif, 2017 is 426.70 Kg. per hectare and threshold yield of block is 607.14 kg. per hectare and as such he has claimed compensation for the loss of crop. But perusal of evidence of op reveals that op has furnished affidavit of Sh. Rajesh Pal, Senior Manager as Ex.R1 in which he has deposed and reiterated all the averments made in the written statement. He has specifically deposed that at the time of advancement of loan, the complainant has declared the schedule of crops to be sown in his fields i.e. kharif crop in June-September paddy crop and rabi crop between December to April wheat and potato crop in the month of October- December, 2017. He has further deposed that on the request of complainant, the op bank debited the amount of insurance premium to the loan account of complainant and has transferred the same to the insurance company for the insurance of declared crops of complainant where upon the insurance company has insured paddy, wheat and potato crops of complainant. The op has also placed on file copy of application cum appraisal form credit facilities for agricultural loan as Ex.R3 by which he while raising loan from op made declaration that he will sow paddy crop in kharif season and wheat and other crops in rabi season. On the basis of this declaration, there is defence plea of the bank that bank had deducted premium and got paddy crop insured for kharif, 2017 and never got insured the cotton crop as claimed by complainant. The complainant has not placed on record any document from which it could be presumed that complainant at the time of advancement of loan did not give the schedule of above said crops to the op bank. The complainant has also not impleaded the insurance company as a party to whom the amount of premium was transferred for the reason best known to him and same also goes to prove that cotton crop of complainant was not insured by op bank. Since cotton crop of complainant was not got insured by complainant nor any intimation qua change of pattern of crop was ever given by complainant to op bank, so it appears that complainant is not entitled for loss of cotton crop which was not duly insured with insurance company and for which premium was not deducted by op bank.
7. In view of our above discussion, the complainant has failed to prove his allegations made in the complaint by leading cogent and convincing evidence. As such complaint of complainant is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:19.02.2020. Member District Consumer Disputes
Redressal Forum, Sirsa.
