BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 390 of 2019
Date of Institution : 22.07.2019.
Date of Decision : 27.05.2022.
Harwinder Singh aged about 58 years son of Shri Ajmer Singh, resident of village Chormar, Tehsil Dabwali, District Sirsa.
……Complainant.
Versus.
HDFC Bank Ltd. BDO Office, Odhan District Sirsa through its Branch Manager.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. PADAM SINGH THAKUR …………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
SH. SUNIL MOHAN TRIKHA………… MEMBER
Present: Sh. P. K. Berwal, Advocate for complainant.
Sh. M.S. Sethi, Advocate for opposite party.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (after amended as under Section 35 of Consumer Protection Act, 2019) against the opposite party (herein after referred as OP) on the averments that complainant is agriculturist having 2373/10886 share out of land measuring 271 kanals 13 marlas of land (as detailed in para no.1 of complaint) situated in village Chormarkhera, Tehsil Dabwali, District Sirsa as per jamabandi for the year 2016-2017. The complainant has availed KCC facility from the op on his above said agricultural land through account number 50200031730240 after mortgaging his above land. As per scheme of Government of India namely Pradhan Mantri Fasal Bima Yojna, for insurance of cotton crop of Kharif, 2018 of complainant with insurance company, the premium amount of Rs.4377.60 was deducted by the op from the above account of complainant on 31.07.2018 and in this manner, cotton crop of Kharif, 2018 was got insured by op. It is further averred that it was assured by op that his crop has been insured and he will get insurance claim in case of any damage to his crop of Kharif, 2018 and that as and when insurance policy will be received by op, same shall be handed over to the complainant but same was not supplied to him. It is further averred that the crop in his village of Kharif, 2018 including crop of complainant was damaged on account of natural calamities and as such, the complainant is entitled to get compensation on account of damage to his crop to the tune of Rs.30,000/- per acre. The complainant approached the op and requested for the claim amount but op did not give any response to his requests and in meanwhile, op again deducted premium for insurance of wheat crop of Rabi 2018-2019. That even after passing of more than 10 months, he did not get any claim whereas some of the villagers have already received compensation. The complainant was surprised to know from the officials of op that cotton crop of Kharif, 2018 of complainant had not been insured despite deduction of insurance premium. He was further told that amount of insurance premium was returned back in his account after 6/7 days of its deduction but no intimation or any notice in this regard was given. That even on being asked time and again, the op failed to show any reason for non insurance of his cotton crop of Kharif, 2018 and also for refund of the premium. The op verbally told that the amount of premium was transferred to the insurance company for insurance of crop and it is the fault of insurance company for not receiving premium amount for insurance of his crop. In this manner, there is gross negligence on the part of op. That complainant again approached the op and requested them to compensate under the said scheme of Government but the op about a week ago flatly refused to admit the genuine claim of complainant. That such act and conduct on the part of op clearly amounts to negligence, deficiency in service and unfair trade practice. Hence, this complaint.
2. Op was served and filed written statement raising certain preliminary objections qua non maintainability of complaint, no cause of action and suppression of material facts and estoppal. On merits, it is submitted that an amount of Rs.4377.60 was debited on 31.7.2017 (actually 31.07.2018) from the account of complainant to pay the insurance premium for the Kharif crop. Official of the bank called the complainant to provide KYC required for crop insurance for submission to insurance company alongwith insurance premium. The complainant came present and objected that why said amount has been debited in his account and asked that insurance is not required for his crop. The officials of the bank requested him to submit any application/ letter in this regard but he created terror in the bank. Hence, amount debited in his account on 31.07.2018 was again credited in his account on 01.08.2018. In this way, kharif crop of complainant could not be get insured. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
3. The complainant has tendered his affidavit as Ex.C1, copy of pass book Ex.C2, copy of jamabandi for the year 2016-2017 Ex.C3, copy of khasra girdawari Ex.C4, affidavit of one Balkaran Singh son of Sh. Jagtar Singh, resident of village Chormar, copy of statement of account of said Balkaran Singh Ex.C6, affidavit of Jaspreet Singh son of Sh. Jaspal Singh Ex.C7, copy of statement of account of Kuldeep Kaur wife of Jaspal Singh Ex.C8, copy of adhar card Ex.C9 and report of Assistant Statistical Officer office of Deputy Director Agriculture, Sirsa Ex.C10.
4. On the other hand, op has tendered affidavit of Sh. Saurabh Mehta, Assistant Manager & Principal Officer as Ex.R1 and copy of statement of account Ex.R2.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The record reveals that complainant in order to prove his case has furnished his affidavit Ex.C1 in which he has reiterated all the averments made in the complaint. The complainant has also placed on file copy of statement of account Ex.C2, the perusal of which reveals that on 31.7.2018, premium amount of Rs.4377.60 was deducted by op bank for insuring the Kharif crop of 2018 of complainant and same also reveals that on 1.8.2018 i.e. just within one day, the premium amount of Rs.4377.60 deducted by op bank on 31.7.2017 from the account of complainant was remitted back in his account. The complainant has alleged that due to negligence of op bank, his cotton crop of Kharif, 2018 could not be insured with the insurance company and as such the op bank is liable to pay the claim amount for the damage of his cotton crop of Kharif, 2018. But however, op bank has taken a specific plea that after deduction of premium from the account of complainant on 31.7.2018 for insuring his crop of Kharif, 2018, official of the bank called the complainant to provide aadhar card as KYC was required for crop insurance for submission to insurance company alogwith insurance premium. Complainant came present and objected that why said amount has been debited from his account and asked that insurance of his crop is not required. Then officials of the bank requested him to submit any application/ letter in this regard but he created terror in the bank. Hence, amount debited from his account on 31.7.2018 was again credited in his account on 1.8.2018 and as such his crop of Kharif, 2018 was not insured. Since, premium amount was again credited in the account of complainant by op bank at the behest of complainant just within one day after its deduction, therefore, now complainant cannot claim insurance claim for the damage of his cotton crop of Kharif, 2018 and therefore, it cannot be said that op bank is at fault for not insuring the crop of complainant. As such complainant is estopped from filing the present complaint by his own act and conduct. So, complaint of the complainant deserves dismissal.
7. 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:27.05.2022. District Consumer Disputes
Redressal Commission, Sirsa.
JK
