BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 456 of 2019.
Date of Institution : 13.08.2019.
Date of Decision : 19.10.2022.
1. Om Veer @ Om Parkash (aged about 37 years),
2. Amit Kumar (aged about 32 years) both sons of Sh. Diwan Chand son of Sh. Sona Ram,
3. Diwan Chand (aged about 75 years) son of Sh. Sona Ram, all residents of village Suchan, Tehsil and District Sirsa.
Versus.
1. HDFC Bank Ltd., Branch G.P.O. Sirsa (Branch Code- 1413), S.R.B. Building, Janta Bhawan Road, GPO, Sirsa, District Sirsa through its Branch Manager.
2. HDFC Bank Limited having its registered office “HDFC Bank House”, Senapati Bapat Marg, Lower Parel, Mumbai- 400013 through its authorized Signatory.
...…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
Argued by: Sh. Rakesh Pareek, Advocate for complainants.
Sh. R.K. Chaudhary, Advocate for opposite parties.
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 they are agriculturists. The complainants no.1 and 2 are owners in possession of in equal share of total land measuring 44 kanals 16 marlas and complainant no.3 is owner in possession of total land measuring 83 kanals 17 marlas situated in village Kusumbi, Tehsil and District Sirsa as per jamabandi for the year 2017-2018 (as detailed in Para No.1 (i) to (vi) of the complaint). The complainants are having their joint KCC account bearing No. 14138040007494 with op no.1. On 31.07.2017, an amount of Rs.14,317.88 was deducted by op no.1 from their above said account as premium and it was assured to the complainants that their cotton crops of Kharif, 2017 have been insured against any kind of damage under Prime Minister Fasal Bima Yojna. It is further averred that cotton crop of complainants of Kharif, 2017 was damaged on account of natural calamities, pests/ diseases and draught, therefore, complainants approached op no.1 and requested to indemnify their claim under the said policy but the bank authorities kept on avoiding the request of complainants on one false pretext or the other and ultimately they have flatly refused to indemnify the claim of complainants saying that the complainants are not entitled to the compensation as the insurance policy has been cancelled by the bank authorities on 11.08.2017 and deducted amount of Rs.14,317.88 was deposited in the account of complainants on 11.08.2017. The complainants never asked the ops to cancel the policy or to return the said deducted amount in their account, but the said policy was cancelled by ops without any permission and consent of complainants and as such ops have caused negligence and deficiency in service towards the complainants and complainants are legally entitled to get indemnified their claim. Hence, this complaint.
3. On notice, opposite parties appeared and filed written statement. It is submitted that on 31.07.2017 the bank has debited the premium amount from the account of complainants as insurance premium of crop of Kharif, 2017. As per clause 6.3.1 of revised operational guidelines of PMFBY, the aadhar had been made mandatory for availing crop insurance from Kharif, 2017 season onward. The one of the officials of ICICI Lombard, Shri Deepak Gupta also informed the answering ops in clarification that as per newly issued communication from Ministry of Agriculture Farmer Welfare, aadhar card was mandatory for enrolment for all the farmers. As such detail regarding some accounts could not be uploaded on the portal of insurance company due to non availability of the adhar card and the amount debited in their account was not remitted to the insurance company and was kept in the sundry account. It is further submitted that complainants are estopped by their own act and conduct to file the present complaint against answering ops. In fact, at the time of sanction of loan, the complainants 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 natural calamities or for any other reasons”. It is further submitted that after the debit of amount of premium in the account of complainants, message was sent to the complainants and on receipt of the same, the complainants alongwith office bearer of Kisan Union visited the bank premises on 11.08.2017 and showed their grievance regarding the transfer of amount for insurance of crops as they had not authorized the bank to get their crop insured. They were advised to aadhar card with the Bank as insurance was necessary on the instructions from Govt. of India, but they refused to get the crop insured, as such the premium amount was remitted back in the account of complainants. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
4. The complainants have tendered affidavit of Om Veer @ Om Parkash complainant Ex.CW1/A, affidavit of Sh. Subhash Chander Ex.CW2/A and documents Ex.C1 to Ex.C11.
5. On the other hand, Ops have tendered affidavit of Sh. Sourabh Mehta, Assistant Manager as Ex.RW1/A, authorization/ declaration and undertakings (Annexure B as per affidavit of said Manager) and statement of account Ex.R1.
6. We have heard learned counsel for the parties and have gone through the case file carefully.
7. The complainants have claimed insurance claim amount for the damage of their cotton crop of Kharif, 2017. However, the ops bank have taken a specific stand that though insurance premium amount of Rs.14,317.88 was deducted from the account of complainants on 31.7.2017 for insuring their crop of Kharif, 2017 with insurance company but as complainants raised objection regarding deduction of premium amount from their account, therefore, at their instance the premium amount was reversed back in their account on 11.8.2017 and their cotton crop was not insured. The perusal of copy of statement of account of complainants Ex.C5 and Ex.R1 also reveal that premium amount of Rs.14,317.88 which was deducted from the account of complainants on 31.07.2017 was reversed back in their account on 11.08.2017 i.e. within ten/ eleven days of its deduction. Since the premium amount 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. As the cotton crop of Kharif, 2017 of complainants was not insured, therefore, complainants are not entitled to any insurance claim for their cotton crop of Kharif, 2017.
8. 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: 19.10.2022. District Consumer Disputes
Redressal Commission, Sirsa.
