BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 468 of 2019.
Date of Institution : 14.08.2019.
Date of Decision : 28.02.2023.
Subhash Chander aged 36 years son of Shri Banwari Lal, resident of village Mammer Khera, Tehsil Rania, District Sirsa.
Versus.
- H.D.F.C. Bank, Branch Village Rania, District Sirsa through its Branch Manager.
- Insurance company, particulars shall be disclosed by opposite party no.1.
- Deputy Director of Agriculture, Sirsa.
...…Opposite parties.
- Kalawati @ Kamla wife of Shri Banwari Lal, resident of village Mammer Khera, Tehsil Rania, District Sirsa.
…. Proforma opposite party.
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.
Proforma op no.4 not summoned.
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 149 kanals 12 marlas (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 has been mortgaged with op no.1 bank and complainant is having his joint Kisan Credit Card account number bearing No. 5020002246834 with proforma op Kalawati @ Kamla. The said account of complainant is in the bank of op no.1. It is further averred that on 31.7.2017 an amount of Rs.18,367.80 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.18,367.80 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. The complainant is entitled to claim amount of Rs.2,88,000/- 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 as a matter of fact the answering op earlier has got insured the crops of complainant with the insurance company. Accordingly a sum of Rs.18,367.80 on account of insurance premium was transferred to the insurance company after debiting the same to the account of complainant. But on 11.08.2017 the complainant visited the bank premises. He was very much annoyed and he asked official/ Incharge of the bank why he has debited the insurance premium in his account because he has not authorized him to get his crop insured and transfer any amount on account of insurance premium to any insurance company. It is further submitted that on the asking of complainant, the answering op appraised the facts of the RBI instructions to the complainant but all in vain. That thereafter he categorically asked the answering op to get the insurance of the crop of the complainant cancelled immediately and to reverse the amount of premium to his account failing which the answering op shall face the consequences. It is further submitted that keeping in view the circumstances and threat given by the complainant, the answering op got cancelled insurance application and reversed the amount of premium charged from the complainant to his account in the presence of complainant himself. 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 and copies of documents Ex.C1 to Ex.C5.
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.18,367.80 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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