BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 435 of 2019
Date of Institution : 06.08.2019.
Date of Decision : 08.11.2021.
Labh Singh aged about 50 years son of Shri Jung Singh, resident of village Ghukanwali, Tehsil and District Sirsa.
……Complainant.
Versus.
HDFC Bank through its Manager, Near Anaj Mandi, Kalanwali, District Sirsa, Haryana.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. JASWANT SINGH…………………PRESIDENT
MRS.SUKHDEEP KAUR………………MEMBER.
Present: Sh. Sushil Saharan, Advocate for complainant.
Sh. R.K. Chaudhary, 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 having 12 acres of agricultural land in the revenue estate of village Ghukanwali, District Sirsa ( as detailed in para no.2 of the complaint). He is having Kisan Credit Card account with op bearing account number 5020000700934. That as per the notification of Government of India, all the Kisan Credit card account holders are required to get their crop insured through their respective banker where they are maintaining their KCC account. That op had deducted premium from the above said account for the insurance of crops of Kharif and Rabi seasons of years 2016 and 2018. It is further averred that the premium for the insurance of crops of Kharif and Rabi season of 2017 was not deposited by the op to the insurance company. That complainant visited the op for the insurance of his cotton crop in 12 acres of land and at that time, the op assured him that premium for the insurance of cotton crop will be deposited with the insurance company. It is further averred that cotton crop of complainant for the kharif, 2017 season was damaged and other farmers of village Ghukanwali, District Sirsa have received insurance claim against the damage of their cotton crop of kharif, 2017 season at the rate of Rs.18,000/- per acre but the complainant did not get any claim. That when he inquired from the officials of the insurance company, he came to know that op has not deposited the insurance premium of Kharif, 2017 crop on time. It is further averred that then complainant contacted with op and enquired about the above said fact, but op was not able to explain the reason of the same. That complainant is a farmer by profession and is wholly dependent on agricultural income. The crop of Kharif, 2017 season was damaged due to natural calamities and due to negligence on the part of op, the complainant has suffered economical loss and mental agony. That complainant also sent a legal notice to the op regarding payment of insurance claim but till today op has not paid insurance claim. Hence, this complaint.
2. On notice, op appeared and filed written version submitting therein that as per the term of Prime Minister Fasal Bima Yojna (PMFBY), which was launched by Hon’ble Prime Minister of India on 13.02.2016, for the farmers who have sought crop loan by any Financial Institutions, it was mandatory for the Banks to get insurance for all the borrowers under the scheme. The premium of the insurance was to be deducted from the account of borrower and was to be remitted to the insurance company ICICI Lombard by the Bank. It is further submitted that in the present case, the Bank was to debit the premium amount from the account of complainant as insurance premium for Kharif, 2017 on 31.7.2017 but on the same day, the complainant approached the bank with the request not to debit any amount in his account as insurance premium amount. As per clause 6.3.1 of revised operational guidelines of PMFBY, the aadhar card has been made mandatory for availing crop insurance from Kharif, 2017 season onward. It is further submitted that one of the officials of ICICI Lombard, Shri Deepak Gupta also informed the answering op in clarification that as per newly issued communication from Ministry of Agriculture Farmer Welfare, Aadhar card was mandatory for enrolment for all the farmers. That complainant is estopped by his own act and conduct to file the present complaint against the answering op. In fact, at the time of sanction of loan, the complainant 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.” It is further submitted that mere sanctioning/ disbursement of crop loan and submission of proposals/ declaration and remittance of premium by farmer/ bank, without explicit intent to raise the crop, does not constitute acceptance of risk by insurance company. That it was the duty of complainant to submit all the necessary documents including aadhar card which have not been supplied by the complainant to the answering op and also he had instructed the bank not to debit any amount from his account as insurance premium. It is wrong and denied that complainant was ever interested for the insurance. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The complainant tendered in evidence his affidavit Ex.CW1/A, copy of pass book/ statement of account Ex.C1, copy of jamabandi for the year 2016-2017 Ex.C2, copy of khasra girdawari Ex.C3, copy of voter card Ex.C4, postal receipt Ex.C5, copy of statement of account of one Harmel Singh Ex.C6, copy of Haryana Government Agriculture & Farmers Welfare Department Notification dated 13.6.2017 Ex.C7, copy of report of Assistant Statistical Officer, office of DDA, Sirsa Ex.C8.
4. On the other hand, op has tendered in evidence affidavit of Sh. Sorabh Mehta, Assistant Manager as Ex.R1, copy of statement of account Ex.R2, copy of authorization/ declaration and undertakings Ex.R3 and copy of authorization/ declaration and undertakings Ex.R4.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. Learned counsel for the complainant has contended that as per Prime Minister Crop Insurance Scheme which is known as PMFBY launched in 2016, it is mandatory that crop of loanee farmers are got insured by their bankers from insurance companies. The complainant is also farmer and he has availed crop loan from the op bank and as such his crops being loanee farmers are to be compulsory insured by the op bank. The op bank has also deducted premium amounts on various occasions after launching of the above said scheme by the Centre Government for insuring the crops of the complainants of Kharif and Rabi Seasons of year 2016 and 2018, but however, the op bank has failed to deduct the premium amount for insurance of his cotton crop of Kharif, 2017.
7. Learned counsel for complainant has further contended that complainant had sown cotton crop in his 12 acres of land which was damaged due to natural calamities and other farmers of village Ghukanwali, District Sirsa have already received insurance claim against damage of their cotton crops of Kharif, 2017 season at the rate of Rs.18,000/- per acre but complainant has not received any claim amount due to the negligence and deficiency in service on the part of op bank and prayed that op bank be directed to pay amount of Rs.2,16,000/- as insurance claim for damage of his cotton crop of Kharif, 2017 besides compensation for harassment and also to pay litigation expenses to the complainant and prayed for acceptance of the complaint.
8. Per contra, learned counsel for op while reiterating the contents of written version has contended that op bank is not at any fault for not deducting premium from the account of complainant because complainant himself requested the bank not to debit any amount from his account as insurance premium. That as per revised operational guidelines of PMFBY, for insuring crop of complainant, his aadhar card was mandatory but the complainant did not supply the requisite documents alongwith his aadhar card to op bank and he had also instructed the bank not to debit any amount from his account as insurance premium and as such his crop of Kharif, 2017 could not be insured and prayed for dismissal of complaint.
9. Having heard rival contentions of the parties and going through the record placed on file, it emerges out that complainant has availed crop loan from the opposite party against his agricultural land measuring 12 acres situated in village Ghukanwali, Tehsil and District Sirsa which fact is evident from copy of statement of account of complainant Ex.C1 and also from copies of authorization/ declaration and undertakings Ex.R3 and Ex.R4 placed on file by op bank. The complainant in order to prove his ownership over the land as detailed in para no.2 of the complaint has also placed on file copy of jamabandi for the year 2016-2017 Ex.C2 and has also placed on file copy of Khasra girdawari Ex.C3 to prove that in Kharif, 2017 season, cotton crop was sown by the complainant in his agricultural land. The complainant in order to prove his case has also furnished his affidavit Ex.CW1/A in which he has reiterated all the contents made in his complaint. According to complainant, his cotton crop of Kharif, 2017 was damaged, but as op bank had not debited the premium amount for insurance of his crop of Kharif, 2017, he could not receive any insurance claim for the damage of his cotton crop of Kharif, 2017. From the copy of statement of account Ex.C1 placed on file by complainant, it is evident that an amount of Rs.9648/- was debited from the account of complainant by op bank as insurance premium for insurance of his cotton crop of Kharif, 2016 as per Pardhan Mantri Fasal Bima Yojna. The op bank had also deducted an amount of Rs.11,707.20 from the account of complainant on 16.7.2018 as insurance premium for insurance of his cotton crop of Kharif, 2018 as is evident from Ex.C1. So, it is proved on record that op bank got insured the crop of complainant for Kharif, 2016 and Kharif, 2018 but did not deduct any premium amount for insurance of his cotton crop of Kharif, 2017. The reason put forth by op bank that as complainant himself requested the op bank not to debit any amount from his account as insurance premium and also did not supply the requisite documents including aadhar card which was mandatory for insurance of crop, the op bank did not deduct the premium amount for insurance of crop of kharif, 2017 of complainant. But we found no substance in the contention of op bank. When the op bank had deducted premium amount for the account of complainant for insurance of cotton crop of Kharif, 2016 and Kharif, 2018, it is not believable that complainant instructed the op bank not to debit any amount for insurance of his cotton crop of Kharif, 2017. It is also not believable that op bank was not in possession of adhar card of complainant for insuring the crop of Kharif, 2017 or that complainant did not supply the requisite documents including his adhar card which was mandatory as if the op bank was not in possession of these documents including adhar card of complainant or if the complainant instructed the op bank not to debit premium amount for insurance of his crop of Kharif, 2017, the op bank would not have get insured the Kharif crop of season 2018 of complainant. The op bank has also contended that at the time of availing crop loan, the complainant himself submitted his declaration and undertakings (Ex.R4) that he is not interested in incurring expenditure on crop insurance premium and it will be his responsibility for repayment of the crop loan availed from the bank alongwith interest even if the crop are failed due to natural calamities. But again we found no substance in this contention of op bank because KCC account with op bank was opened on 22.4.2013 for obtaining crop loan i.e. prior to launching of scheme of Central Government and at the time of opening of account, complainant had furnished his above said undertaking but now as per Prime Minister Fasal Bima Yojna, it is mandatory for the banks to get insured the crops of every loanee farmers. Moreover, the op bank has not proved on record by leading cogent and convincing evidence that complainant instructed the op bank not to deduct any premium amount from his account. Rather it appears that op bank has failed to discharge its duty as per above said scheme of Central Government and remained at fault for not deducting premium amount for insurance of cotton crop of complainant of Kharif, 2017 and now to avoid from its liability, the op bank is taking above said false and frivolous pleas which are not sustainable in the eyes of law.
10. Now the question arises for consideration as to whether there was damage to the cotton crop of kharif, 2017 of complainant or not? The complainant in order to prove damage to his said crop, has placed on file report of Assistant Statistical Officer, office of Deputy Director Agriculture, Sirsa as Ex.C8 according to which average yield of village Ghukanwali for Kharif, 2017 was 238.40 Kg. Lint. per hectare. The complainant has also placed on file copy of Haryana Government Agriculture & Farmers Welfare Department Notification dated 13.6.2017 which has been introduced for implementation of Pradhan Mantri Fasal Bima Yojana launched in year 2016 and clause 12 (b) (i) of the said notification says that the “shortfall in yield will be calculated by comparing the Threshold Yield with the actual yield estimated through crop cutting experiments (CCEs).” Further, as per Annexure –A (regarding Threshold Yield), the threshold yield of cotton of block Baragudha in which village of complainant falls has been shown as 631.44 and as per above said report of Assistant Statistical Officer, office of DDA, Sirsa, the average yield of village Ghukanwali for Kharif, 2017 is 238.40 Kg. Lint per hectare which is less than threshold yield of block, therefore, as per above said clause 12 (b) (i) of notification dated 13.6.2017 of Haryana Government, there was damage to the cotton crop of Kharif, 2017 in village Ghukanwali. The complainant has also placed on file copy of statement of one Harmel Singh resident of village Ghukanwali as Ex.C6 from which it is evident that on 31.10.2018 said Harmel Singh received insurance claim amount of Rs.1,22,438.61 on account of damage to his cotton crop of Kharif, 2017. So, it is duly proved on record that there was also damage to the cotton crop of Kharif, 2017 of complainant. The complainant has claimed that other farmers of village Ghukanwali have received insurance claim amount at the rate of Rs.18,000/- per acre and as such for damage of his cotton crop in 12 acres of agricultural land, he is entitled to an amount of Rs.2,16,000/- from op bank. The op bank has also not rebutted the said demand of complainant. There is nothing on file to discredit and disbelieve the plea of complainant in this regard. So, the complainant is entitled to above said amount of Rs.2,16,000/- from op bank for the damage of his cotton crop of Kharif, 2017. Non payment of said claim amount to the complainant by op bank clearly amounts to deficiency in service on the part of op bank.
11. Thus, in view of our above discussion, we allow the present complaint and direct the opposite party to pay the claim amount of Rs.2,16,000/- to the complainant alongwith interest @9% per annum from the date of filing of present complaint i.e. 6.8.2019 till actual realization within a period of 45 days from the date of receipt of copy of this order. We also direct the op bank to pay a sum of Rs.15,000/- as compensation to the complainant for harassment and also an amount of Rs.5500/- as litigation expenses to the complainant within above said period. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Commission. Member President,
Dated:08.11.2021. District Consumer Disputes
Redressal Commission, Sirsa.
