BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 92 of 2021.
Date of Institution : 19.04.2021.
Date of Decision : 19.07.2024.
Surender son of Raja Ram, aged about 47 years, resident of village Bacher, Tehsil Rania, District Sirsa.
……Complainant.
Versus
1. ICICI Bank Ltd. Shop no. 24, Anaj Mandi Rania, District Sirsa through its Manager.
2. Oriental Insurance Company Opposite Janta Bhawan Sirsa through its Manager being Insurer of the complainant.
3. Oriental Insurance Company Ltd. LIC Building (2nd Floor) Jagadhri Road, Ambala Cantt., Haryana – 133001 through its Regional Officer/ Officer in Charge of the Haryana Region.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. N.S. Yadav, Advocate for complainant.
Sh. JBL Garg, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite parties no.2 and 3.
ORDER
The complainant has 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 complainant is that he is having agricultural land in the revenue estate of village Bacher, Tehsil Rania, District Sirsa which has been mortgaged with op no.1 under Kisan Credit Card scheme of the Government and he is having his account with op no.1. That as per crop insurance scheme of the Government, complainant paid premium amount of Rs.49,176/- on 31.07.2018 from his account to ops no.2 and 3 for insurance of his Kharif crop of 2018 and as such his crop was got insured with ops no.2 and 3. That in April, 2019 farmers of adjoining villages were given claim for the loss/ damage of their crop in their respective accounts. It is further averred that average outcome of the crop of the area was almost same and which was below average but complainant was not paid any claim for the loss of his crop by any of the ops despite his best efforts. That his co-villager in the month of October, 2020 sought information under RTI from Deputy Director of Agriculture, Sirsa whose reply reflected that average outcome of the crop of village Bacher was sufficient for getting insurance claim but the ops have caused unnecessary harassment and deficiency in service by not paying any claim to him. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that initially a sum of Rs.49,176/- was debited in the KCC account of complainant as insurance premium for Kharif 2018 crop. The amount of premium was debited with the rate of 5% (Rs.49,176/-) for cotton crop in Sirsa district as per notification downloaded from crop insurance central portal. However, the Govt. made necessary changes in notification where 2% rate was updated so the answering op reversed additional 3% amount equal to Rs.29,505.60 premium amount to the account of complainant on 06.08.2018. Thus, only a sum of Rs.19,670.40 remained debited in the account of complainant towards insurance premium for Kharif 2018 crop. It is further submitted that crop loss claim case was to be settled and paid by the insurance company and answering op had no role to play therein. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.1 made.
4. Ops no.2 and 3 also filed written statement raising certain preliminary objections. It is submitted that Govt. notification and operational guidelines of PMFBY are binding upon any individual loanee or non loanee farmer, bank and insurance company, if there is insurance. However, answering ops did not receive any premium against this very account number, name of farmer and land mentioned and referred by complainant. It is further submitted that however if bank had failed to pay the premium of insurance for getting the coverage of insurance of crop of complainant of said village, in that eventuality, answering ops cannot be held liable to make payment of any damages, if any, compensation to the complainant and only bank is liable. On the portal there is no entry of coverage against the account number of complainant through the bank regarding the crop mentioned in the complaint. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
5. The parties then led their respective evidence.
6. We have heard learned counsel for the parties and have gone through the case file.
7. The complainant has not mentioned in his complaint that he is having how much of agricultural land. In the report of agriculture department attached with letter Ex.C1 it is mentioned that average yield of cotton crop of Kharif, 2018 in village Bacher was 929.90 Kgs. per hectare and there is nothing on file to prove any loss to the cotton crop of Kharif, 2018 in village Bacher as no threshold yield of block has been placed on record by complainant. Since the average yield of village Bacher was 929.90 Kgs. per hectare, it cannot be said at all that there was total loss to the cotton crop of complainant in Kharif, 2018 rather as the average yield of cotton crop of village Bacher in Kharif, 2018 was 929.90 Kgs. per hectare, it cannot be said that there was loss to the cotton crop of Kharif, 2018 in village Bacher. Though he has sought claim amount of Rs.2,00,000/- for the loss of cotton crop of Kharif, 2018 but he has not explained any criteria for claiming such claim amount. He has not mentioned that he is having how much agricultural land and he has also not proved that what was threshold yield of block. As such complainant has failed to prove on record any loss to his cotton crop of Kharif, 2018 through any cogent and convincing evidence. So, we are of the opinion that complainant is not entitled to any claim amount from any of the ops.
8. In view of our above discussion, we do not find any 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 as per rules. File be consigned to the record room.
Announced: Member President
Dt. 19.07.2024. District Consumer Disputes
Redressal Commission, Sirsa.
