Haryana

Fatehabad

CC/47/2021

Ramji Lal - Complainant(s)

Versus

Central Bank - Opp.Party(s)

Vishnu Dara

08 May 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.47 of 2021.                                                                Date of Instt.:  08.02.2021.                                                                        Date of Decision: 08.05.2024.

Ram Ji Lal son of Sohan resident of village Kajal Heri Tehsil & District Fatehabad.

                                                                           ...Complainant.

                                     Versus     

1.Central Bank, Branch Office Badopal, Tehsil & District Fatehabad through its Branch Manager.

2.ICICI Lombard General Insurance Comany Limited, registered office Lombard House, 414  P Balu Marg, Off. Veer Sawarkar Marg, Near Sidhi Vinayak Temple, Prabhadevi, Mumbai through its Managing Director.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                  Sh.Vishnu Dara, Advocate for complainant.                                                Sh.Sita Ram Beniwal, Advocate for Op No.1.                                              Sh.U.KGera, 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 a farmer and he against the mortgage his share of land has raised loan from OP No.1 and has also obtained KCC bearing account No.2216884752; tht on 0-09.01.20 17 Op No.1 had debited an amount of Rs.1946.85/- as insurance premium for the Rabi crop in 2.4 hectare of land and the same was credited with Op No.2; that due to heavy rainfall, hailstorm, snow fall and other reason, the sown crop of the complainant got damaged and complainant intimated agriculture department/Ops to inspect the loss suffered; that the losses were assessed @ Rs.25,000/- per acre; 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. The act and conduct of the Ops clearly amounts to deficiency in service on their part.

2.                          Upon notice, the OPs appeared before this Commission and contested the complaint by filing their replies separately.  Op No.1 filed the reply raising preliminary objections with regard to maintainability, cause of action and suppression of material facts etc.; that an amount of Rs.1946.85/- was debited from the account of the complainant on 09.01.2017 and was transferred in the account of Op No.2, therefore, the Op No.2 being insurer is liable to indemnify the loss if any suffered to the insured crop. On merits, the objections raised in the preliminary objections are reiterated and so, prayer for dismissal of complaint has been made.

3.                          OP No.2 in its reply has submitted that the role of the insurance company is only to pay the claim in accordance with the “Pardhan Mantri Fasal Bima Yojna and all other perils were to be finalised by government agencies on the basis of yield of crop and thereafter the claims were to be paid to the bank of farmers; that the present complaint is not maintainable for want of jurisdiction; 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.

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit Ex.CW1/A with documents Annexure C1 to Annexure C4.

 5.                     On the other hand, learned counsel for the OP No.1 has tendered affidavit and document Ex.RW1/A and Annexure R1 whereas no evidence on behalf of Op No.2 has been led despite the fact that ample opportunities were given to it and the evidence was closed by the order of this Commission on 09.02.2024.

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

7.                          The complainant in his complaint has mentioned that his cotton crop 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. OP No.1 in its written statement has admitted that an amount of Rs.1946.85/- was debited from the account of the complainant on 09.01.2017 and was transferred in the account of Op No.2/insurance company.

8.                          The complainant has alleged that his what crop of Rabi, 2017 season was damaged and the concerned department had assessed the loss to the tune of Rs.25,000/- per acre as is mentioned in the loss assessment report Annexure C4. OPs have not led any cogent and convincing evidence to prove that there was no damage to the crop of Rabi of Kharif, 2017 in village Kjal Heri including the crop of complainant and other farmers. 

9.                          Undisputedly, the insurance company had accepted the payment qua insurance premium of crop of complainant and as per document Annexure C4 the complainant had sown wheat crop in 2.4 hectare.  The concerned department had assessed the loss to the tune of Rs.25,000/- per hectare.  Hence, the complainant is entitled for the compensation to the tune of Rs.60,000/- for loss of Rabi crop in 2.4 hectare.  

10.                        Thus, as a sequel to our above discussion, we allow the present complaint against Op No.2/insurance company to pay an amount of Rs.60,000/- (Rs.Sixty Thousand only) with  alongwith simple interest @ 7 % per annum from the date of filing of this complaint till actual payment to the complainant. The Op No.2/insurance company are also directed 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 order be complied within a period of 45 days from today, failing which the entire amount would carry simple interest @ 9 % per annum from the date of filing of this complaint till actual payment. In the given facts and circumstances of this case, no deficiency is found on the part of OP           No. 1/bank, therefore, complaint against Op No.1 stands dismissed.  

11.                        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. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 08.05.2024

                    

                                                                                     

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

              Member                               Member                                             President