BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 177 of 2020.                                                                  

                                                            Date of Institution :    06.08.2020.

                                                          Date of Decision   :    09.08.2024.

1. Balbir Singh (aged about 56 years) son of Sh. Madan Singh,

2.  Jyoti Khod (aged about 26 years) daughter of Sh. Balbir Singh son of Sh. Madan Singh,  residents of village Bhurtwala, Tehsil Ellenabad, District Sirsa

                                                                                                                                               .……Complainants.

                             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 66 kanals owned by complainant no.1, in land measuring 85 kanals 16 marlas owned by complainant no.2 (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 was deducted from the joint account of complainants bearing no. 50200017588080 for insurance of their kharif crop of 2017. That complainants also sown cotton crop in their agricultural land during Kharif, 2018 which was damaged completely to the extent of 100% due to natural calamities, pests/ diseases and draught which was also verified by agriculture department and complainants suffered total loss of Rs.9,50,000/- in this regard. It is further averred that complainants approached to the ops and requested them to pay claim amount but the ops kept on lingering the matter on one pretext or the other and now about a week ago, the ops have refused to disburse any amount to the complainants by saying that their cotton crop has never been insured by them as their insurance policy was not renewed by them and as such ops have caused deficiency in service, negligence and unnecessary harassment to the complainant because they did not renew the said policy without getting any consent or permission from the complainant. Hence, this complaint.

3.                On notice, ops appeared and filed written version submitting therein that in the year 2017 the bank has debited the premium amount from the account of complainants as insurance premium for Kharif, 2017 on 31.07.2017. 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. One of the officials of insurance company Shri Deepak Gupta also informed the answering ops in clarification that as per newly issued communication from Ministry of Agriculture Farmer Welfare department, aadhar card was mandatory for enrolment for all the farmers. 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 and was kept in the sundry account. It is further submitted that 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 and the account was tagged as ‘Product Confirmation- Do not Debit’ means that the party is not interested for the insurance and as such premium for the Kharif, 2018 was not debited in the account of complainant.  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 Balbir Singh as Ex.C1 and copies of documents i.e. statement of account Ex.C2, jamabandi for the year 2016-2017 Ex.C3 and aadhar cards Ex.C4 and Ex.C5.

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.RW1/1.

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 complainants have 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, 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.