Haryana

Bhiwani

CC/101/2020

RAVINDER Singh - Complainant(s)

Versus

D.C - Opp.Party(s)

Ramesh Sangwan

12 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 101 of 2020

                                                                Date of Institution    : 10.09.2020

                                                                Date of decision:      : 12.06.2024

 

Ravinder Singh son of Sh. Mahabir Singh R/o Dhani Brahmana, Tehsil and District Bhiwani (Haryana).

...Complainant. 

 

                                                    Versus.

1. The Deputy Commissioner-cum-Chairman, DRGC (PMFBY), Bhiwani Tehsil and District Bhiwani.

 

2. Punjab National Bank, branch village Devsar, Tehsil and District Bhiwani through its Branch Manager.

 

3. Deputy Director, Agriculture Department, Mini Secretariat, Bhiwani, Tehsil and District Bhiwani.

 

4. Agriculture Insurance Company Block-1, 5^th Floor, Plate-B & C, East Kidwai Nagar, Ring Road, New Delhi-110023 through its Branch Manager.

 

...Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Vijay Garhwal, Advocate for complainant.

                    Sh. Anuj, P.O. on behalf of OPs No.1 & 3.

                    Sh. Avinash Sardana, Advocate for OP No.2.

                    Sh. Mukesh Jangra, Advocate for OP No.4.

  

                                                  ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER.

1.                 Brief facts of this case are that complainant is having a bank account with OP No.2 and Rs.3299.69p. were deducted from his bank account on 07.09.2019 as insurance premium for his cotton crop during the season kharif 2019. It is stated that due to heavy rain and storm, the crop of complainant was totally damaged. Complainant approached the OP bank for claim of the damaged crop but no claim was given to him whereas other co-villagers as well as brothers of complainant namely Narender and Virender have got compensation for their damaged crops. Hence, the present complaint has been preferred alleging monetary loss to the complainant as well as mental and physical harassment. In the end, prayer has been made for issuance of directions to the Ops to pay compensation of Rs.4.00 lac towards damaged crop alongwith interest @ 18% per annum from the date of accrual till final payment, further to pay Rs.50,000/- as compensation for harassment besides Rs.11,000/- as legal fee etc. Any other relief to which this Commission deems fit has also been sought.

2.                 Upon notices, Ops appeared and filed their written statement. Ops No.1 & 3 in their written statement submitted that as per guidelines of Pradhan Mantri Fasal Bima Yojna, information qua loss to the crop should be given within 72 hours but complainant did not provide any information in this regard.  Further, the OP No.3 department prepared necessary data and was send to quarter concerned.  It is added that complainant has received Rs.10,384/- from OP No.4 insurance company. As such, there is no deficiency in service on their part and prayed for dismissal of the complaint with costs.

3.                 OP No.2 bank filed written statement submitting that as per request of complainant, details pertaining to complainant were uploaded upon the PMFBY Portal and insurance was done by OP No.4.  Further, it is the duty of govt. agencies to get assess the losses of the crops and to make insurance claim to the concerned. As such, there is no deficiency in service on the part of answering OP and prayed for dismissal of the complaint with costs.

4.                 OP No.4 insurance company filed written statement submitting that  cotton crop (kharif 2019)  of complainant was insured for 2.15 hectare, having sum insured of Rs.1,64,984.14p. It is stated that complainant never informed this OP qua loss to his crop. It is submitted that eligible amount of area approach claim to the complainant of Rs.10,384.79p. was paid to OP No.2 bank on 13.05.2020 under the scheme. Rest of the contents of complaint have been denied and prayed for dismissal of complaint with costs.

5.                 Ld. counsel for complainant tendered in evidence affidavit of complainant as Annexure CW1/A alongwith documents Annexure C-1 to Annexure C-6 and closed the evidence on 16.08.2022.

6.                 On the other side, representative of OPs No.1 & 3 closed their evidence on the premise that WS filed on their behalf may be read into evidence. 7.                 Ld. counsel for OP No.2 tendered in evidence affidavit of Sh. Vipin, Branch Manager as Ex. RW1/A alongwith document Ex. R-1 and closed the same on 02.11.2023.

8.                 Ld. counsel for OP No.4 tendered in evidence affidavit of Sh. Jaspal Singh Khurmi, Regional Manager as Ex. RW4/1 alongwith documents Annexure R4/A to Annexure R4/K and closed the evidence on 21.11.2023.

9.                 We have heard learned counsel for the parties and perused the record carefully.

10.               Complainant in order to prove his ownership over the alleged land has placed on record copy of jambandi (Annexure C-5) and that he sown  cotton crop in the land  has placed on record khasra girdawari (Annexure C-6), further that insurance premium of Rs.3299.69p. was deducted from his account vide  bank pass book details (Annexure C-2).  Perusal of bank passbook also shows that complainant has received Rs.10,384.79p. towards crop loss compensation under PMFBY. Annexure C-3 & Annexure C-4 are the copy of bank passbook pertaining to brothers complainant reveals that they have got the compensation for loss to his crop.

11.               It is not in dispute that crop of complainant was insured with the OP insurance company.     As per pleadings of OP insurance company, 2.15 hectare land of complainant was insured with it for sum insured of Rs.1,64,984/-.  After going through the pleadings and evidences produced from both the sides, we are of the view that there was an average loss to the crop of complainant. Thus we are taking the loss to the crop of complainant as 40% but the OP insurance company has not compensated the complainant properly. Hence the complainant is entitled to get compensation from OP No.4 insurance company on account of loss to the crop.  As per document (Annexure RW4/C) placed on record by OP insurance company says that sum insured per hectare of notified crops for cotton was Rs.76600/- per hectare. As the complainant had sown cotton crop in 2.15 hectare of land during the season kharif 2019, so taking loss at 40% to the crop, complainant is entitled to Rs.65876/-Out of which, he has already received Rs.10,385/-, so now complainant is entitled to Rs.55,491/- (Rs.65,876/- - Rs.10,385/-). Accordingly, the complaint is allowed and OP No.4 insurance company is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.55,491/- (Rs. Fifty five thousand four hundred ninety one) alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.5,000/- (Rs.Five thousand) as compensation on account of harassment.

(iii)     Also to pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OP No.4 shall be liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default.                               If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite parties No.4 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:12.06.2024