BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 377 of 2023.
Date of Institution : 28.09.2023.
Date of Decision : 10.10.2024.
- Malkeet Singh @ Mita ( aged about 51 years), 2. Jasveer Singh (aged about 45 years) both sons of Sh. Bukan Singh, residents of village Jhiri, Tehsil Kalanwali, District Sirsa.
……Complainants.
Versus.
1. HDFC Bank Limited, Sangwan Building, Near Canara Bank, Sangwan Chowk, Sirsa through its Branch Manager.
2. Agriculture Insurance Company of India Limited, Cabin No. 7, 3rd Floor, Agro Mall, Sector-20, Panchkula, Haryana- 134117 through its Zonal Manager.
...…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. Ravinder Monga, Advocate for complainants.
Sh. Ravinder Chaudhary, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
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 the complainants is that complainants are farmers having agricultural land (as detailed in para no.1 of the complaint) situated in village Jhiri, Tehsil Kalanwali District Sirsa and they are only dependent upon agricultural income. They have obtained KCC loan facility from op no.1 bank and op bank is remitting/ deducting the crop insurance premium from the account of complainants for insurance of their crop as per crop insurance scheme. It is further averred that ops also insured cotton crop of complainants by deducting premium amount of Rs.18,205.36 on 31.07.2022 from their account. The complainants had sown cotton crop in 10 acres of land in May-June, 2022 and spent an amount of Rs. two lacs approximately for sowing the said crop. That said cotton crop of in their village including their crop was badly destroyed due to climate condition and effect of white fly which fact was also verified by agricultural department and ops but complainants have not receive any claim amount from any of ops despite several requests whereas other farmers have already received claim amount at the rate of Rs.25,000/- per acre and later on they were shocked to see their pass book that premium amount has been returned in their account on 24.03.2023 after long span of time of about eight months. That both the ops in collusion with each other have done so for causing loss to the complainants and have adopted unfair trade practice and have caused deficiency in service and unnecessary harassment to the complainants. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that bank has debited the amount of Rs.18,205.36 on 31.07.2022 as premium for Kharif 2022 from the account of complainants and has credited the same to the account of op no.2 as premium of insurance. All the information required by op no.2 was sent to op no.2 as per rules. The insurance company had refunded the amount on 24.03.2023 without assigning any reason. It is further submitted that as per clause 18 (xxi) of Haryana Govt. notification dated 15.07.2020, the insurance company shall verify the data of insured farmers pertaining to area insured, area sown, address, bank account number (KYC) as provided by the banks independently on its own cost within two months of the cut off date and in case of any correction must report to the State Govt. failing which no objection by the Insurance Company at a later stage will be entertained and it will be binding on the insurance company to pay the claim. It is further submitted that insurance company has neither informed regarding the discrepancy in the record nor has refunded the amount to the complainant or to the bank. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written version raising certain preliminary objections. It is submitted that on the basis of documents ( bank statements of the complainant farmer, aadhar card etc.) sought from the complainants, the details such as name and account number alongwith the details provided in the complaint, the coverage details of the complainants farmer are not found for Kharif 2022 season on NCI portal under RPMFBY scheme and no premium amount was ever received from op no.1 and as per operational guidelines of PMFBY, only bank is responsible for this fault and prayer for dismissal of complaint made.
5. The complainants in evidence have tendered affidavit of complainant Malkeet Singh as Ex. CW1/A and documents Ex.C1 to Ex.C4.
6. On the other hand, op no.1 has tendered affidavit of Sh. Sunil Kumar Deputy Manager as Ex. RW1/A and statement of account Ex. RW1/1. Op no.2 has tendered affidavit of Sh. Shashi Parkash Regional Manager as Ex. RW2/A and documents Ex.R2/1 to Ex.R2/5.
7. We have heard learned counsel for the parties and have gone through the case file.
8. The complainants in order to prove loss to their cotton crop of Kharif, 2022 during the course of arguments have placed on file letter/ report of Assistant Statistical Officer, office of Deputy Director Agriculture department, Sirsa in which it is reported that the average yield of cotton crop of Kharif, 2022 in village Jhiri was 290.38 Kgs. per hectare and threshold yield of block Badaguda was 646.92 Kgs. per hectare. So, as per this report and as per operational guidelines of PMFBY, there was also loss to the cotton crop of complainants in Kharif, 2022. Sh. Sunil Kumar, Deputy Manager of op no.1 bank for the first time in his affidavit Ex. RW1/A has stated that related data was not uploaded on the NCIP within the prescribed time due to aadhar name mismatch and insurance company had refunded the amount on 24.03.2023 without assigning any reason. However, it appears that op no.1 bank only to escape from its liability and to hide its mistake of non uploading of data of complainants on portal which was mandatory on the part of op no.1 bank as per operational guidelines of PMFBY has taken this false plea because op no.1 bank failed to upload the data of complainants on portal within prescribed time period and now has taken this false plea of aadhar name mismatch. The op no.1 bank has not placed on file any document showing aadhar name mismatch and there is also nothing on file to prove the fact that op no.1 bank ever asked the complainants to submit their correct aaadhar cards etc. So, the contentions of op no.1 bank taken in its written version as well as in affidavit Ex. RW1/A that insurance company has not verified the data as per above said clause are wrong, baseless and have no substance because when op no.1 did not upload the data on the portal as per its own admission, then there was no occasion for op no.2 insurance company to verify the data of complainants and as such op no.1 bank only is responsible for above said mistake and is liable to pay claim to the complainants because as data of complainants was not uploaded on the portal by op no.1 bank therefore, op no.2 insurance company returned back the premium on 24.03.2023. The sum insured amount of cotton crop in 2022 was Rs.89,903/- as is evident from Haryana Govt. notification Ex.R2/5. So as per formula given in the operational guidelines of PMFBY, the complainants are entitled to insurance claim amount of Rs.2,00,000/- for the loss of their cotton crop of Kharif, 2022 in their ten acres of land for which premium amount of Rs.18,205.36 was deducted by op no.1 bank and op no.1 bank is liable to pay the said claim amount to the complainants because clause 17.2 of the operational guidelines of PMFBY stipulates that in cases where farmers are denied crop insurance due to incorrect/ partial/ non-uploading of their details on Portal, concerned banks/ intermediaries shall be responsible for payment of claims to them.
9. In view of our above discussion, we allow the present complaint qua opposite party no.1 bank and direct op no.1 to pay the claim amount of Rs.2,00,000/- to the complainants for the loss of their cotton crop of Kharif, 2022 within a period of 45 days from the date of receipt of copy of this order, failing which complainants will be entitled to receive the said amount of Rs.2,00,000/- from op no.1 bank alongwith interest @6% per annum from the date of this order till actual realization. We also direct the op no.1 bank to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainants within above stipulated period. However, op no.1 bank can deduct the premium amount already refunded back to the complainants. The complaint qua op no.2 insurance company stands dismissed. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member Member President,
Dated: 10.10.2024. District Consumer Disputes
Redressal Commission, Sirsa.
