BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 32 of 2020.
Date of Institution : 16.01.2020.
Date of Decision : 21.03.2024.
- Rajender Kumar son of Shri Satnam Dass,
- Raman wife of Shri Rajender, both residents of Ward No.2, Luna Factory, Mandi Dabwali, Tehsil and District Sirsa.
……Complainants.
Versus.
- HDFC Bank, Chautala Road, Opposite Nirankari Bhawan, Mandi Dabwali, District Sirsa.
- Oriental Insurance Company Ltd., through its Branch Manager, 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.
Present: Sh. Manish Gupta, Advocate for complainants.
Sh. M.S. Sethi, Advocate for opposite party No.1.
Sh. K.L. Gagneja, Advocate for opposite party no.2.
ORDER
The present joint complaint has been filed by complainants against the opposite parties (hereinafter referred as OPs) seeking insurance claim for the loss of their cotton crop of Kharif, 2018.
2. The brief facts of the present complaint are that complainants are agriculturists and they are owner in possession of 22 acres of land at village Modi, Tehsil Dabwali, District Sirsa which is being self cultivated by them and they have availed crop loan facility from op no.1 in the year 2015 through their loan account no. 50200010244801. On 31.07.2018 premium amount of Rs.11,649/- for insuring their cotton crop of Kharif, 2018 with insurance company was deducted from the loan account of complainant and similarly premium amount of Rs.8069.78 was also deducted towards the premium of insurance towards insurance of wheat crop of Rabi 2018-19. That during Kharif, 2018 season the cotton crop sown by complainants in their agriculture land was blasted and ops were intimated in this regard. The average loss was assessed by agricultural department and insurance company and accordingly oriental insurance company paid Rs.21,000/- per acre to the agriculturists of village Modi but complainants did not receive any insurance claim. The complainants approached op no.1 but bank refused to give the particulars of insurance policy nor gave any satisfactory reply. It is further averred that complainants came to know that insurance premium has not been sent to the insurance company and it was disclosed that as premium had not been credited to the insurance company, so complainants are not entitled to the indemnification of loss. That a legal notice dated 16.07.2019 was also got served upon the ops and op no.2 in reply dated 13.08.2019 has taken a stand that no amount of premium has been paid by the bank to the company. That ops have caused unnecessary harassment, deficiency in service and financial loss to them. Hence, this complaint.
3. On notice, ops appeared. OP no.1 appeared and filed written statement raising certain preliminary objections. It is submitted that an amount of Rs.11649.60 has been transferred to op no.2 on 13.08.2018 as insurance premium of complainant for kharif, 2018 vide NEFT No. HDFCR52018081389955705 but op no.2 has returned/ refunded the same on 21.01.2020 vide NEFT No.YESB0000001-Oriental Ins. Co. Ltd. At that time loan account of complainant had been closed, hence answering op has credited the said amount in the saving account of complainant on 27.02.2020. It is further submitted that as per clause 19 (XXII) of Haryana Govt. notification dated 30.03.2018, the insurance company was to verify the data of insured farmers within two months of the cut off date, failing which no objection by the insurance company at a later stage can be entertained and it is binding on the insurance company to pay the claim. The matter of payment of compensation is between complainant and op no.2. The answering op has got insured the crops of complainant from op no.2, hence they are entitled to get the policy of insurance from op no.2. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.2 also appeared and filed written statement raising certain preliminary objections. It is submitted that no premium for the insurance of the crops of complainants was ever remitted to the answering op by op no.1 and their account particulars were not uploaded by op no.1 on the National Crop Insurance Portal and as such the crops of the complainants could not be insured. Thus only op no.1 was negligent and responsible in this regard and prayer for dismissal of complaint qua op no.2 made.
5. The complainants in evidence have tendered affidavit of complainant Rajender Kumar as Ex. CW1/A and documents Ex.C1 to Ex.C9.
6. On the other hand, op no.2 has tendered affidavit of Puja, Deputy Manager as Ex.R1, clause 17.2 of operational guidelines of PMFBY Ex.R2 and minutes of meeting Ex.R3. Op no.1 has tendered affidavit of Sh. Saurabh Mehta, Assistant Manager & Principal Officer as Ex.R4 and documents Ex.R5 to Ex.R9.
7. We have heard learned counsel for the parties and have gone through the case file.
8. In so far as loss to the cotton crop of complainants in kharif season, 2018 is concerned, as per report/ letter of ASO, office of Deputy Director Agriculture Department, Sirsa placed on file on behalf of complainants as mark A, the average yield of cotton crop of village Modi in kharif, 2018 was 156.61 Kgs. per hectare and the threshold yield of block Dabwali was 576.36 Kgs. per hectare. Since the average yield of village Modi was less than threshold yield of block, therefore, as per operational guidelines of PMFBY, there was loss to the cotton crop of complainants in kharif, 2018. The sum insured amount of cotton crop in Kharif, 2018 was Rs.72,000/- per hectare. The complainants have claimed insurance claim amount of Rs.4,40,000/-. As per formula given in the operational guidelines of PMFBY, it appears that complainants have not claimed any exaggerated amount and as such we are of considered view that complainants are entitled to said claim amount of Rs.4,40,000/- as claimed by complainants
9. Now the question arises for consideration that which of the ops is liable to pay the above said claim amount to the complainants. The op no.1 bank has asserted that premium amount of Rs.11649.60 deducted from the account of complainants for insurance of their cotton crop of kharif, 2018 has been transferred to op no.2 on 13.08.2018 vide NEFT No. HDFCR52018081389955705 but op no.2 returned/ refunded the same on 21.01.2020 vide NEFT No. YESB0000001- Oriental Ins Co. Ltd. and in this regard op no.1 bank has also placed on file detail regarding sending of premium to insurance company as Ex.R6 and also details regarding premium refunded by insurance company to the bank on 21.01.2020 as Ex.R8 and Ex.R9. However, according to op no.2 insurance company the crop of complainants in the land situated in village Modi was not insured with the op no.2 as the nodal bank of the complainants i.e. HDFC Bank did not upload the data of the land and crop of complainants on the National Crop Insurance Portal of PMFBY. However, we are of the considered opinion that both the ops i.e. op no.1 bank and op no.2 insurance company are deficient in service because op no.1 has failed to prove on record that data was uploaded by it on the portal and op no.2 insurance company has also failed to return the premium amount in time and has kept the same with it for a long time and returned the same to the bank on 21.01.2020 as is evident from document Ex.R8. The insurance company has used the total amount of Rs.15,02338/- including the premium amount of Rs.11,649/- of the complainants for a long period i.e. from 13.08.2018 to 21.01.2020 and returned the premium amount after filing of present complaint i.e. 16.01.2020 and as such both the ops are liable to pay the claim amount to the complainants in equal shares.
10. In view of our above discussion, we allow the present complaint against the opposite parties and direct the ops to pay insurance claim amount of Rs.4,40,000/- to the complainants 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.4,40,000/- from ops alongwith interest at the rate of @6% per annum from the date of this order till actual realization. We also direct the ops to further pay a sum of Rs.10,000/- as compensation for harassment to the complainants and Rs.5000/- as litigation expenses to the complainants within above said stipulated period. Both the ops are equally liable to comply with this order. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President,
Dated: 21.03.2024. District Consumer Disputes
Redressal Commission, Sirsa.
