BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 462 of 2019.
Date of Institution : 14.08.2019.
Date of Decision : 28.02.2023.
- Devta Ram aged 34 years son of Shri Mahabir,
- Mahabir @ Radha Krishan aged 61 years son of Shri Mukh Ram, residents of village Mammer Khera, Tehsil Rania, District Sirsa.
Versus.
- H.D.F.C. Bank, Branch Village Rania, District Sirsa through its Branch Manager.
- Insurance company, particulars shall be disclosed by opposite party no.1.
- Deputy Director of Agriculture, Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986 (as amended 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. Dharmendra Chauhan, Advocate for complainants.
Sh. S.L. Sachdeva, Advocate for opposite party No.1.
Sh. Satish Kumar, Statistical Assistant for opposite party no.3.
ORDER
The complainants have filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (as after amendment 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 having land measuring about ten acres (as detailed in para no.1 of complaint) situated in village Mammer Khera, Tehsil Rania, District Sirsa as per jamabandi for year 2016-2017. That above said land has been mortgaged with op no.1 bank and complainants are having their joint Kisan Credit Card account number with op no.1 vide account No. 50299919547798. It is further averred that on 31.7.2017 an amount of Rs.5395.90 as insurance premium was debited/ deducted from the bank account of complainants for insurance of their Kharif crop of 2017 with the insurance company under Pardhan Mantri Fasal Bima Yojna. That complainants sown cotton crop in their above said land in Kharif, 2017 which was badly damaged due to natural calamities and they suffered heavy loss. The complainants also approached the op no.3 for assessing the loss and accordingly op no.3 assessed the loss of damaged crop of complainants. It is further averred that as per assessment compensation was disbursed by the bank to the other villagers but complainants were not given any compensation rather op no.1 bank wrongly and illegally credited the premium amount of Rs.5395.80 in the bank account of complainants with the motive to avoid the payment of compensation to the complainants. That complainants also approached the op no.1 bank to disclose the name of insurance company but op no.1 bank declined the request of complainants. It is further averred that complainants moved complaint on CM Window at Sirsa on 12.11.2018 but an evasive reply was given by bank and complaint was filed wrongly. That thereafter also complainants made their best efforts to get compensation but to no effect. The complainants approached and requested the ops in this regard but all in vain and they have declined genuine claim of complainants without any rhyme or reason. The complainants are entitled to claim amount of Rs.1,60,000/- besides compensation for harassment and litigation expenses. Hence, this complaint.
3. On notice, opposite parties no.1 and 3 appeared. Op no.1 filed written version raising certain preliminary objections. On merits, it is submitted that as a matter of fact the answering op earlier has got insured the crops of complainants through the insurance company. Accordingly a sum of Rs.5395.80 on account of insurance premium was transferred to the insurance company after debiting the same to the account of complainants. But after few days the complainants visited the bank premises. They were very much annoyed and they asked official/ Incharge of the bank why he has debited the insurance premium in their account because they have not authorized him to get their crop insured and transfer any amount on account of insurance premium to any insurance company. It is further submitted that on the asking of complainants, the answering op appraised the facts of the RBI instructions to the complainants but all in vain. That thereafter they categorically asked the answering op to get the insurance of the crop of the complainants cancelled immediately and to reverse the amount of premium to their account failing which the answering op shall face the consequences. It is further submitted that keeping in view the circumstances and threat given by the complainants, the answering op got cancelled insurance application and reversed the amount of premium charged from the complainants to their account in the presence of complainant themselves. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. OP no.3 filed written statement raising certain preliminary objections. It is submitted that answering op is liable only to conduct the CCE’s experiments and however, yield basis claims are settled by the insurance company only on completion of other necessary formalities as prescribed in operational guidelines of scheme which have already been given by the answering op within specific time period as prescribed in the operational guidelines of the Government of India. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.3 made.
5. The complainants have tendered affidavit of Sh. Devta Ram complainant as Ex. CW1 and copies of documents Ex.C1 to Ex.C6.
6. Op no.3 has tendered affidavit of Sh. Babu Lal, Deputy Director of Agriculture, Sirsa as Ex.R1 and documents Ex.R2 and Ex.R3.
7. OP no.1 has tendered affidavit of Sh. Saurabh Mehta, Manager Law as Ex.R4 and documents Ex.R5 to Ex.R7.
8. We have heard learned counsel for complainants, learned counsel for op no.1 as well as Sh. Satish Kumar, SA for op no.3 and have perused the case file carefully.
9. The complainant have claimed insurance claim amount for the damage of their cotton crop of Kharif, 2017. However, the op no.1 bank has taken a specific stand that though insurance premium amount was deducted from the account of complainants on 31.7.2017 for insuring their cotton crop of Kharif, 2017 with the insurance company but as complainants raised objection regarding deduction of premium amount from their account and also asked to get the insurance of their crop cancelled immediately, 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.C1 and Ex.R5 also reveals that premium amount of Rs.5395.80 which was deducted from the account of complainants on 31.07.2017 was reversed back in their account on 11.8.2017 i.e. just within ten/ eleven days of its deduction. Since the premium amount deducted by op no.1 bank for insurance of crop of complainants 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.
10. 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: 28.02.2023. District Consumer Disputes
Redressal Commission, Sirsa.
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