BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 313 of 2021.
Date of Institution : 15.11.2021.
Date of Decision : 13.05.2024.
1. Bhupinderjeet Singh (aged about 29 years) son of Sh. Onkar Singh son of Sh. Joginder Singh,
2. Jasvinder Kaur wife of Sh. Onkar Singh son of Sh. Joginder Singh,
3. Onkar Singh son of Sh. Joginder Singh son of Sh. Sohan Singh, all residents of village Rori, Tehsil Kalanwali, District Sirsa.
……Complainants.
Versus.
1. HDFC Bank Ltd. Branch Kalanwali, District Sirsa through its Branch Manager/ Authorized Signatory.
2. Agriculture Insurance Company Limited, Office Block No.1, 5th Floor, Plate B&C, East Kidwai Nagar, Ring Road, New Delhi – 110023, through its Manager/ Authorized Signatory.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. M.S. Dandiwal, Advocate for complainants.
Sh. Ravinder Chaudhary, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
ORDER
The complainant has filed the present joint complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of the complainants is that they are agriculturists and their whole family depend on agricultural income. The complainants are owners in possession of land measuring 72 kanals 02 marlas situated at Village Rori, Tehsil Kalanwali, District Sirsa as per jamabandi for the year 2017-2018. That complainants have obtained joint KCC facilities from op no.1 over the aforesaid land vide joint bank account no. 50200046608851. It is further averred that as per crop insurance scheme, the op no.1 through op no.2 got insured the crop of Kharif, 2020 of complainants vide policy/ application ID No. 040106201011315267301 and premium of insurance of Rs.16,675.95 has been debited from the account of complainants on 21.07.2020 and thereafter next wheat crop of rabi 2021 was also insured by ops and in this regard amount of Rs.3941.61 was deducted from account of complainants on 18.12.2020. That complainants had sown cotton crop in Kharif 2020 and wheat crop in Rabi 2021 which have been damaged to the extent of 100% due to natural calamities, pests/ diseases and draught. That said fact of damage of their crops has also been verified by agriculture department but none of the ops have paid any insurance claim to the complainant despite several requests and legal notice dated 19.07.2021 and have caused deficiency in service and unnecessary harassment to the complainants. Hence, this complaint seeking direction to the ops to indemnify the claim of complainants at the rate of Rs.2,70,375/- for cotton crop and Rs.2,25,310/- for wheat crop and also to pay compensation of Rs.1,00,000/- for harassment and also to pay litigation expenses.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that bank has debited the amount of Rs.16,675.95 on 21.07.2020 as insurance premium for crop of Kharif 2020 and a sum of Rs.3941.61 on 18.12.2020 for crop of Rabi 2021 from the account of complainant and has credited the same to the account of op no.2 which has never been refunded back. All the information required by op no.2 was sent to the insurance company as per rules. It is further submitted that insurance company has neither informed regarding the discrepancy in the record as per clause 18 (xxi) of Haryana Government Agriculture and Farmers welfare department notification dated 15.07.2020 nor has refunded the amount to the complainants or to the bank. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written version and submitted that only crop insurance coverage details of complainant no.1 Bhupinderjeet Singh is found on the NCI portal, whereas no details of complainant noo.2 Jasvinder Kaur and complainant no.3 Onkar Singh are found on the NCI portal. Thus, complainants no.2 and 3 are not the consumers as there is no contract between complainants no.2 and 3 and answering op. Accordingly, the answering op has considered the coverage details of the farmer as uploaded by op bank in the NCI portal. It is further submitted that as there was no shortfall in the actual yield for the insured cotton and wheat crop in village Rori (167) Block Baragudha, District Sirsa during Kharif, 2020 and Rabi 2020-2021 season, therefore, no area approach claim is payable to the complainant farmer for above mentioned crop during Kharif 2020 and Rabi 2020-21 season as per provisions of the scheme. It is further submitted that as per para 35.5.13 of the revamped guidelines of PMFBY, Banks should ensure that farmer are not deprived of any benefit under the Scheme due to errors/ omissions/ commissions of the concerned branch/ PACS and in case of such errors, the concerned agencies shall have to make good of all such losses. With these averments, dismissal of complaint qua op no.2 prayed for.
5. The complainants in evidence has tendered affidavit of Sh. Bhupinderjeet Singh complainant as Ex.C1 and documents Ex.C2 to Ex.C7.
6. On the other hand, op no.1 has tendered affidavit of Sh. Sourabh Mehta, Assistant Manager as Ex.R1 and statement of account Ex.R2. Op no.2 has tendered affidavit of Sh. Geddam Gandhi Raju, Regional Manager as Ex.R3 and documents Ex.R4 to Ex.R39.
7. We have heard learned counsel for the parties and have gone through the case file.
8. The complainants have claimed insurance claim amount for the damage of their cotton crop of Kharif, 2020 and wheat crop of Rabi 2020-2021 in their land situated in village Rori, District Sirsa. But however, they have not proved on record any damage to their cotton crop of Kharif, 2020 and wheat crop of Rabi 2020-2021. The complainants have not placed on file any report of agriculture department or any other agency to prove the losses of their above said crops. On the other hand, the op no.2 insurance company has placed on file report of Deputy Director Agriculture department, Sirsa alongwith letter Ex.R36 according to which the average yield of cotton crop of Kharif, 2020 in village Rori was 836.57 Kgs. per hectare and block average yield was 554.372 Kgs. per hectare. Further as per report of Deputy Director Agriculture department, Sirsa attached with letter Ex.R37, the average yield of wheat crop of Rabi 2020-21 in village Rori was 5036.44 Kgs. per hectare and block average yield was 4869.34 Kgs. per hectare. Since as per above said reports, the average yield of both the crops of village Rori was more than average yield of block, therefore, as per operational guidelines of PMFBY, there was no loss to the cotton crop of Kharif, 2020 and wheat crop of Rabi 2020-2021 of the complainants and as such complainants are not entitled to any insurance claim from any of the ops.
9. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 13.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
