BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 174 of 2020.
Date of Institution : 06.08.2020.
Date of Decision : 09.08.2024.
1.Abhishek (aged about 32 years) son of Sh. Balbir Singh son of Madan Singh,
2.Kamla Devi (aged about 53 years) wife of Sh. Balbir Singh son of Sh. Madan Singh, 3.Ram Pyari (aged about 90 years) widow of Sh. Madan Singh, residents of village Bhurtwala, Tehsil Ellenabad, District Sirsa.
- Ram Pyari (aged about 90 years) widow of Sh. Madan Singh, residents of village Bhurtwala, Tehsil Ellenabad, District Sirsa
Versus.
1. HDFC Bank Ltd., Branch Panniwala Mota, 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.
...…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. Rakesh Pareek, Advocate for complainants.
Sh. Ravinder Chaudhary, Advocate for opposite parties.
ORDER
The complainants have filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainants is that complainants are agriculturists and are owners in possession of land situated at village Bhurtwala, Tehsil Ellenabad, District Sirsa and they are sowing cotton crop in the land measuring 63 kanals 16 marlas owned by complainant no.1, in land measuring 81 kanals 18 marlas owned by complainant no.2 and in land measuring 139 kanals owned by complainant no.3 (as detailed in para no.1 of the complaint). The complainants obtained KCC facilities from op no.1. It is further averred that as per scheme of Government of India, the op no.1 got insured the crops of complainants and premium of Rs.33,105.60 was deducted from the account of complainants bearing no. 50200017599750 on 31.07.2018 and as such their cotton crop of Kharif, 2018 was got insured. That cotton crop of complainants was damaged to the extent of 100% due to natural calamities, pests/ diseases and draught which fact was also verified by agriculture department and agriculture department also submitted its report to ops. The complainants suffered loss of the amount of Rs.17,75,000/- on account of damages to their insured crops and as such complainants approached to the ops and requested them to pay claim amount but ops kept on lingering the matter on one false pretext or the other and now about a week ago, the ops have refused to disburse any such amount to them saying that cotton crop has never been insured by them as their insurance policy was cancelled and premium deducted from the complainants was credited in the bank account of complainants by the ops and thus they are not entitled to compensation which is totally against law and facts. That as the cotton crop of every year of complainants is insured by ops no.1 and 2 under PMFBY, which is mandatory under the KCC scheme and thus ops have no legal right or authority to cancel the insurance policy without taking any consent or permission from complainants and in this manner the ops have caused deficiency in service, negligence and adopted unfair trade practice towards complainants and have caused unnecessary harassment to them. Hence, this complaint.
3. On notice, ops appeared and filed written version submitting therein that in the present case, the bank has debited the premium amount from the account of complainants as insurance premium for Kharif, 2018 on 31.07.2018. As per clause 6.3.1 of revised operational guidelines of PMFBY, the aadhar had been made mandatory for availing crop insurance from Kharif, 2017 season onward. As such detail regarding some accounts could not be uploaded on the portal of the insurance company due to non availability of the aadhar card and the amount debited in their account was not remitted to the insurance company. It is further submitted that complainants are estopped by their own act and conduct to file the present complaint against the answering ops. In fact, at the time of sanction of loan, the complainants had executed a declaration and undertaking that “As per your bank policy crop insurance is a pre condition. However, I am not interested in incurring expenditure on crop insurance premium. I/ We undertake entire responsibility for repayment of the crop loan availed from your bank alongwith interest even if the crops are failed due to nature calamities or for any other reasons”. After the debit of amount of premium in the account of the complainants, the message was sent to the complainants regarding the debit of the amount and on the receipt of the message, the complainants alongwith the office bearer of Kisan Union visited the bank premises and showed their grievance regarding transfer of amount for insurance of the crops as they had not authorized the bank to get their crop insured. They were advised to deposit the aadhar card with the bank as insurance was necessary on the instructions from Govt. of India, but they refused to get the crop insured, as such the premium amount was remitted bank in the account of complainants on 10.08.2018. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainants in evidence have tendered affidavit of complainant Abhishek as Ex.C1 and copies of documents i.e. statement of account Ex.C2 and jamabandi for the year 2016-2017 Ex. C3 and copies of Khasra girdawaris Ex.C4 to Ex.C11.
5. On the other hand, ops have tendered affidavit of Sh. Gagan Pal Singh, Deputy Manager as Ex. RW1/A and statement of account Ex.R1/1.
6. We have heard learned counsel for the parties and have gone through the case file.
7. The complainants have claimed insurance claim amount for the damage of their cotton crop of Kharif, 2018. However, the ops have taken a specific stand that though insurance premium amount of Rs.33,105.60 was deducted from the account of complainants on 31.7.2018 for insuring their cotton crop of Kharif, 2018 but as complainants did not deposit their aadhar cards with the bank which was mandatory for crop insurance and as they raised objection regarding deduction of premium amount from their account, therefore, at their instance the premium amount was reversed back in their account and their crop was not insured. The perusal of copy of statement of account of complainants Ex.C2 also reveals that premium amount of Rs.33,105.60 which was deducted from the account of complainants on 31.07.2018 was reversed back in their account on 10.08.2018 i.e. within ten days of its deduction. Since the premium amount was remitted back in the account of complainants at their own instance as complainants objected for deduction of the same and stated that insurance of crop is not required, therefore, now complainants are estopped from filing the present complaint by their own act and conduct. Moreover, the complainants have also failed to prove any loss to their cotton crop of kharif, 2018. They have not placed on file any loss report of their crop. They have not proved on record that what was the average yield of cotton crop of Kharif, 2018 in village Bhuratwala and what was the threshold yield of block of Bhuratwala and as such it cannot be said that there was any loss to their cotton crop of Kharif, 2018. Though complainants have asserted that there was total loss to their cotton crop of Kharif, 2018 and this fact was also verified by agriculture department, but no such report has been placed on file by complainants. Even the complainants have not impleaded the agriculture department which could produce the report of loss on file. So, for the reasons mentioned above, the complainants are not entitled to any claim amount from ops.
8. In view of our above discussion, there is no 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 free of costs. File be consigned to the record room.
Announced: Member Member President,
Dated:09.08.2024. District Consumer Disputes
Redressal Commission, Sirsa.
