BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 464 of 2019.
Date of Institution : 14.08.2019.
Date of Decision : 28.02.2023.
Mohinder Singh son of Shri Krishan Lal, resident of village Mammer Khera, Tehsil Rania, District Sirsa.
Versus.
1. H.D.F.C. Bank, Branch Village Panniwala Mota, District Sirsa through its Branch Manager.
2. Insurance company, particulars shall be disclosed by opposite party no.1.
3. 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 complainant.
Sh. S.L. Sachdeva, Advocate for opposite party No.1.
Sh. Satish Kumar, Statistical Assistant for opposite party no.3.
ORDER
The complainant has 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 complainant is that complainant is agriculturist having land measuring about 14 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 was mortgaged with op no.1 bank and complainant is having his joint account with his wife Savitri Devi vide Kisan Credit Card account number No. 50200017939292 with op no.1 bank. It is further averred that on 31.7.2017 an amount of Rs.9218.40 as insurance premium was debited/ deducted from the bank account of complainant for insurance of their Kharif crop of 2017 with the insurance company under Pardhan Mantri Fasal Bima Yojna. That complainant sown cotton crop in his above said land in Kharif, 2017 which was badly damaged due to natural calamities and he suffered heavy loss. The complainant also approached the op no.3 for assessing the loss and accordingly op no.3 assessed the loss of damaged crop of complainant. It is further averred that as per assessment compensation was disbursed by the bank to the other villagers but complainant was not given any compensation rather op no.1 bank wrongly and illegally credited the premium amount of Rs.9218.40 in the bank account of complainant with the motive to avoid the payment of compensation to the complainant. That complainant also approached the op no.1 bank to disclose the name of insurance company but op no.1 bank declined the request of complainant. It is further averred that complainant 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 complainant made his best efforts to get compensation but to no effect. The complainant approached and requested the ops in this regard but all in vain and they have declined genuine claim of complainant without any rhyme or reason and complainant is entitled to claim amount of Rs.2,24,000/- 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 the RBI has launched the Fasal Bima Scheme vide which every borrower is required to get his crops insured and the same was mandatory for all the KCC account holders. The answering op revealed the fact of Fasal Bima Policy to the complainant at the time of advancement of loan, but the complainant alongwith his wife the co-borrower after understanding the terms and conditions of policy flatly refused to get their crops insured with any insurance company. They have specifically mentioned in their undertaking that “As per Banks Policy crop insurance is pre-condition. However, I am not interested in incurring the expenditure on crop insurance premium”. It is further submitted that answering op made them understand about the merits of the insurance but the complainant alongwith his wife did not take care and refused for insurance. They also told that they cannot afford the amount of insurance premium. Inspite of all seeming it mandatory the answering op has deducted a sum of Rs.9218.40 on account of insurance premium on 31.07.2017 from the account of the complainant for getting the crops of the complainant insured, but on coming to know about it complainant rushed to the office of answering op who was very much annoyed and asked the officials of the op no.1 why they have deducted the amount of insurance premium when they have not given any authority/ consent for the insurance of their crops. It is further submitted that at the same time the officials again told the complainant that it is mandatory for all KCC holders to get their crops insured but all in vain and threatened the officials of answering op either to refund the amount of insurance premium in their loan account and get the insurance policy cancelled or to face the consequences. In such compelling circumstances, on 11.08.2017 the answering op has reversed the amount of insurance premium so deducted from the loan account of complainant and in this way the crops of complainant has not been insured with any insurance company on the asking of the complainant himself and there is no risk covering policy of complainant. 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 complainant has tendered his affidavit as Ex. CW1/A and copies of documents Ex.C1 to Ex.C4.
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 document Ex.R5.
8. We have heard learned counsel for complainant, 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 has claimed insurance claim amount for the damage of his 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 complainant on 31.7.2017 for insuring his cotton crop of Kharif, 2017 with the insurance company but as complainant raised objection regarding deduction of premium amount from his account and also asked to get the insurance of his crop cancelled immediately, therefore, at his instance the premium amount was reversed back in his account and his crop was not insured. The perusal of copy of statement of account of complainant Ex.C1 and Ex.R5 also reveals that premium amount of Rs.9218.40 which was deducted from the account of complainant on 31.07.2017 was reversed back in his 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 complainant was remitted back in the account of complainant at his own instance as complainant objected for deduction of the same and stated that insurance of crop is not required, therefore, now complainant is estopped from filing the present complaint by his 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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