Haryana

Fatehabad

CC/415/2019

Om Perkash - Complainant(s)

Versus

Central Bank Of India - Opp.Party(s)

Naresh Soni

02 May 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

                                                      Complaint Case No.415 of 2019.                                                                Date of institution: 30.09.2019.                                                         Date of decision: 02.05.2023

Om Parkash son of Surja Ram resident of Bodiwali Tehsil & District Fatehabad.

                                                                        …Complainant.

                        Versus

1. Branch Manager, Central Bank of India Branch, G.T.Road, Fatehabad.
2. Universal Sompo General Insurance Company Limited, Block B- Ground Floor Plot No.52, Sector 9 Gurugram 122003 through its Branch Manager/ Divisional Manager, Branch Office Gurugram 2^nd address E.L.94, KLS Tower, TTC Industrial Area, MIDC Mahep, Navi Mumbai 400710 3^rd address First Floor  SCF-2 Sector, 35, Ashoka Enclave, Faridabad.

                                                                   ...Opposite parties.

        Complaint under Section 12 of the Consumer Protection Act

Present:                 Sh.Naresh Soni,Advocate, for the complainant.                                                     Sh.Inder Singh Sihag, Advocate for Op No.1.                                             Sh.U.K.Gera, Advocate for Op No.2.                                                                                                                          

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

 

 

 

ORDER

SH. RAJBIR SINGH, PRESIDENT

                    In nutshell, the facts of present case are that the complainant is in possession of land 39 kanal 0 marla sitated in village Bodiwali Tehsil & District Fatehabad; that the complainant has an account No.3176033477 with the OP No.1; that Op No.1 had got the crop of complainant insured under the Govt. scheme “Pardhan Mantri Fasal Bima Yojna” with the OP No.2 by deducting an amount of Rs.2862.75/-  in respect of cotton crop which got damaged; that despite several requests the claim for damaged crops has not been paid by the Ops despite the fact that other farmers have already received the compensation, 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.75,000/- alongwith interest 18 % per annum. Rs.1,00,000/- have also been claimed towards mental agony, harassment and litigation expenses. Any other relief at the discretion of this Commission also sought.

2.                           On notice, Ops appeared and filed their separate replies. Op No.1 in its reply has taken several preliminary objections such as cause of action, locus standi, maintainability and concealment of material facts etc. It has been further submitted that an amount of Rs.2862.73/- was debited on 01.08.2018 on account of premium of cotton crop insurance with regard to land measuring 39 kanal i.e.1.988 hectare from the account of complainant and remitted to the Op No.2/insurance company;  that at the time of uploading the list of farmers on portal, the name of village Barolanwali instead of Bodiwali has been mentioned due to clerical mistake and it was the duty of insurance company to counter check, therefore, on the failure of insurance company, no liability can be fastened upon the Op no.1; that the insurance company/OP No.2 being insurer is liable to indemnify the loss of crop, if any caused to farmer. 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.

3.                          Op No.2 filed in its written version wherein it has been submitted that no detail with regard to claim, assessment, bank and repudiation with regard to matter in question is available with the answering; that the complainant has not submitted any assessment report made by the agriculture department; that without accurate and full bank account details, the answering Op is unable to trace the claim status of the complainant. There is no deficiency in service on the part of replying OP.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant Annexure C1, alongwith documents Anneuxre-C2 to Annexure-C15 and thereafter, closed the evidence on behalf of complainant.

5.                          On the other hand, learned counsel for the Op No.1  tendered affidavit of Salender Kumar, Branch Manager as Ex.RW1/A alongwith documents Ex.R4 and Ex.R5 whereas learned counsel for the Op No.2 has tendered affidavit of  Prashant Vinod Shukla, Manager Legal Ex.RW2/A alongwith documents Ex.R1 to Ex.R3. Thereafter the evidence on behalf of the Ops was closed.

6.                          We have heard both the parties and perused the record carefully.       

7.                          In para No.2 of the written statement, the OP No.1/bank has admitted that due to clerical mistake the name of village Baronwali instead of village Bodiwali has been uploaded but the premium of Rs.2862.73/- was debited for Kharif 2018 (Cotton crop) and remitted to the OP No.2/insurance company. Perusal of the case file reveals that there is nothing on the record to show that the OP No.1/bank has ever sent any report with regard to correction in the name of village. There are sufficient material available on the case file to show that the Op No.2 is found deficient in service and is also found involved in unfair trade practice because till today no claim on account of cotton crop loss has been given to the complainant. Further, the Op No.1/bank is also found negligent in sending the wrong name of the village as is evident through Annexure R2 wherein it has been clearly mentioned that the complainant is owner of the land situated at village Bodiwali and cotton crop (Khariff 2018) was sown on that land. In the given facts and circumstances of this case, the Op No.2 only is found liable to pay claim amount for the damages to the wheat crop of complainant for Khariff, 2018.

8.                          Perusal of Annexure C14 reveals that the complainant had sown cotton crop in 1.988 hectare and as per letter dated 19.08.2019, the Agriculture Department has assessed the loss to cotton crop in village Bodiwali to the tune of Rs.18391.83/- per hectare for the cotton crop 2018.     

9.                          Thus as a sequel of above discussion, we direct the OP No.2-insurance company to pay Rs.36563/- (in round figure) for loss of crop in 1.988 hectare to the complainant alongwith interest @ 6% p.a. from the date of filing of present complaint till its realization within 45 days from today.  Hence, the present complaint is allowed.  In the present case, respondent No.1-bank has given wrong name of the area in which land was under survey for the damage of crops.  The name of the area is actually Bodiwali while negligently, the officials of bank/OP No.1 have given wrong name of the area to be Baronwali.  So, cost of Rs.11,000/- is imposed on the bank/OP No.1 which shall be paid to the complainant. 

10.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                                 Dated: 02.05.2023.

                                                                                                        

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