BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 18 of 2021.
Date of Institution : 29.01.2021.
Date of Decision : 16.05.2024.
1. Ram Chand (aged about 68 years) son of Sh. Lakhmi Chand son of Sh. Bahadar Chand,
2. Sunil Kumar (aged about 32 years) son of Sh. Ram Chand son of Sh. Lakhmi Chand, both residents of village Jhorarnali, Tehsil and District Sirsa.
……Complainants.
Versus.
1. HDFC Bank Ltd., Branch S.R.B. Building, Janta Bhawan Road, Sirsa, District Sirsa through its Branch Manager.
2. HDFC Bank Ltd., Head Office, HDFC Bank Limited having its registered office “HDFC Bank House”, Senapati Bapat Marg, Lower Parel, Mumbai- 400013 through its authorized person.
3. The Oriental Insurance Company Limited, Registered Office : Oriental House, P.B. No. 7037, Asaf Ali Road, New Delhi – 110 002 through its General Manager/ Authorized person.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
BEFORE: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR………………………MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. Vijay Sharma, Advocate for complainants.
Sh. Ravinder Chaudhary, Advocate for opposite parties No.1 & 2.
Sh. Rakesh Bajaj, Advocate for opposite party no.3.
ORDER
The present joint complaint has been filed by complainants against the opposite parties (hereinafter referred as OPs) seeking insurance claim for the loss of their wheat crop of Rabi 2019-2020.
2. In brief, the case of complainants is that they are agriculturists and are owners in possession of their respective share out of total land measuring 69 kanals 19 marlas 3 sarsai (as detailed in para no.1 of the complaint) situated in village Jhorarnali, Tehsil and District Sirsa as per jamabandi for the year 2017-2018 and they have availed KCC facilities from op no.1. That as per crop insurance scheme, on 06.12.2019 op no.1 deducted premium amount of Rs.5046.30 from the joint account of complainants bearing No. 14138040006017 for insurance of their wheat crop of Rabi 2019 with op no.3. It is further averred that wheat crop of complainants of Rabi 2019-2020 was damaged to the extent of 100% due to natural calamities, heavy rain and hailstorm and in this regard report was prepared by Agriculture department which was also submitted to the ops. That complainant has suffered losses of Rs.4,35,000/- approximately and op no.3 had to pay the claim amount to the complainants under the aforesaid policy. The complainants approached the ops and requested them to disburse the amount of compensation but the ops kept on lingering the matter on one false pretext or the other and now the ops have refused to disburse any such amount to them saying that village of complainants has been mentioned as village Johar Rohi instead of Jhorarnali and thus complainants are not entitled to the compensation. As such the complainants did not receive any compensation despite their several requests and they cannot be allowed to suffer due to said mistake of any of the ops. Hence, this complaint.
3. On notice, ops appeared. Ops no.1 and 2 filed written version submitting therein that bank has debited the amount of Rs.5046.30 from the account of complainants and has credited the same to the account of op no.1 (it should be op no.3) as premium of the insurance. All the information required by op no.3 including Annexure C was sent to the insurance company as per rules. The op no.3 has never informed the complainant or the bank regarding any discrepancy in the record or information sent by the bank. Till date, the answering op has no knowledge on what ground, the claim has been rejected by the company. The amount of premium paid to op no.3 has never been refunded to the answering ops or to the complainant. It is further submitted that as per clause 19 (xxii) of the Haryana Government Agriculture and Farmers Welfare Department notification dated 30.03.2018 “The Insurance Company shall verify the data of insured farmers pertaining to the area insured, area sown, address, bank account number (KYC) as provided by the banks independently on its own cost within two months of cut-off date and in case of any correction must report to the state government failing which no objection by the insurance company at a later stage will be entertained and it will be binding on the insurance company to pay the claim. All other contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua ops no.1 and 2 made.
4. Op no.3 also filed written statement raising certain preliminary objections. It is submitted that as regard insurance of the Rabi 2019 crop grown by complainants in their field, it is submitted that as per the record of answering op, the area of village Sirsa Rural belonging to the present complainants was uploaded on the portal and a sum of Rs.5046.30 was remitted to the answering op as insurance premium for the crop of village Sirsa Rural and not of village Jhorar Nali. Therefore, there was/is no privity of insurance contract between complainants and the answering op. It is further submitted that a State level Grievance Committee meeting was held on 14.01.2021 to discuss the pending cases of the farmers under the PMFBY scheme. In this meeting, the officers of State Govt., Banking Sector and Insurance Company were present to discuss the issue. In the said meeting, it was settled that where village name found to be mismatched, the bank shall pay the claim to the farmers as per guidelines of PMFBY. That bank has received 4% of the insurance premium paid by farmers as service charges for uploading the correct data of farmers. So, the complainants are not entitled to seek any compensation from answering op and prayer for dismissal of complaint made.
5. The complainants in evidence have tendered their affidavits as Ex.C1, Ex.C2 and copies of documents i.e. jamabandi for the year 2017-2018 Ex.C3, Khasra girdawari Ex.C4 and their aadhar cards Ex.C5 and Ex.C6.
6. On the other hand, ops no.1 and 2 have tendered affidavit of Sh. Gagan Pal Singh, Deputy Manager as Ex. RW1/A and statement of account Ex. RW1/1. OP no.3 has tendered affidavit of Ms. Puja Tapwal, Incharge as Ex. RW3/A, portal entry Ex. RW3/1 and minutes of meeting dated 14.01.2021 Ex. RW3/2.
7. We have heard learned counsel for the parties and have gone through the case file.
8. Although complainants are claiming insurance claim amount for the total damage of their insured wheat crop of Rabi 2019-2020, but they have not proved any loss to their wheat crop of Rabi 2019-2020. The complainants have not placed on file any report of the agriculture department or any other agency to prove loss to the wheat crop of Rabi 2019-2020. There is nothing on file to believe the version of complainants that their wheat crop of Rabi 2019-2020 was damaged to the extent of 100% or that any of the farmers of their village received any compensation for the damage of their wheat crop of Rabi 2019-2020. As such the oral and bald version of complainants regarding loss of their wheat crop is not proved through any documentary evidence and complaint of complainants deserves dismissal.
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: 16.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
