BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 268 of 2019
Date of Institution : 21.05.2019.
Date of Decision : 05.03.2020.
- Rajender Singh son of Shri Mani Ram,
- Om Parkash son of Shri Mani Ram, both residents of Ward No.8, Village Jogiwala, Tehsil and District Sirsa.
……Complainants.
Versus.
- ICICI Lombard General Insurance Company Limited., ABW Towers, Unit No.511-512, 5th Floor, M.G. Road, Iffco Chowk, Gurugram- 122001, through its Director.
- HDFC Bank, through its Branch Manager, HDFC Bank, Sangwan Chowk, Sangwan Building, Sirsa, Tehsil and District Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
MRS.SUKHDEEP KAUR………MEMBER.
Present: Smt. Poonam Legha alongwith Smt. Parmeshwari Legha, Advocates for complainants.
Opposite party no.1 exparte.
Sh. M.S. Sethi, Advocate for opposite party no.2.
ORDER
The case of complainants, in brief, is that complainants are owners in possession of agricultural land measuring 39 kanals 8 marlas comprised in Khewat/ Khatuni No. 250/345, Sq. No. 115, Killa No.6/8 (0-4) Sq. No.132, Killa No.22 (7-12) Sq. No.150 Killa No.2 (8-0), 3(7-17), 4/1 (4-2) 6(6-17) 7(8-0), 8(8-0) 9/1 (3-11) 13(8-0) 14(8-0) 15/1(3-16) 15/2(3-16) situated in the revenue estate of village Jogiwala, District Sirsa and are having kisan credit card account with op no.2 bank having account number 50200011227235. That as per notification of Government of India, all the Kisan Credit Card account holders are required to get their crop insured through their respective banker where they are maintaining KCC account and as a result of which op no.2 has deducted premium of Rs.5809.80 on 31.7.2017 from account of complainants on account of premium for kharif 2017 cotton crop insurance. That in this way, the complainants had got insured their cotton crop of kharif, 2017 in above said land measuring 39 kanals 8 marlas with op no.1 through op no.2. It is further averred that premium for crop insurance was deducted by op no.2 from account of complainants on the cut off date of the deposition of premium and when the complainants confirmed from op no.2 regarding their insurance premium, they were told that their premium for the kharif 2017 crop has been deposited with op no.1 but the amount was deposited back in the account of complainants on 11.8.2017 without any intimation to complainants and as a result of which cotton crop of complainants of kharif, 2017 were not insured with op no.1. It is further averred that when complainants came to know about the above fact, they contacted with op no.2 and enquired about the above fact upon which op no.2 stated that op no.1 has not accepted their premium for the crop insurance for kharif, 2017 cotton crop and were not able to explain the reason why the premium was reversed back by op no.1 in the account of complainants. It is further averred that cotton crop of complainants for the kharif, 2017 season was damaged and other farmers of village Jogiwala received the insurance claim at the rate of Rs.5700/- per acre but complainants did not get any claim. That when the complainants inquired from the officials of op no.2, they came to know that op no.1 has reversed the amount of premium of insurance without any reason. It is further averred that complainants are farmers by profession and wholly dependent upon agriculture produce and the crop of kharif, 2017 season was damaged due to natural calamities but due to negligence on the part of ops, the complainants have suffered financial loss as well as mental agony. That complainants approached the ops and requested to pay insurance claim for the damage of cotton crop but every time they were informed that they are not liable to pay the insurance claim as their cotton crop for kharif, 2017 season was not insured. Hence, this complaint.
2. Notice of the complaint was issued to the opposite parties. Notice issued to op no.1 through registered cover not received back and op no.1 also did not appear and since a period of more than 30 days elapsed, op no.1 was proceeded against exparte.
3. Op no.2 appeared and filed written statement taking certain preliminary objections. It is submitted that an amount of Rs.5809.80 was debited on 31.7.2017 in the account of complainants to pay the insurance premium for kharif crop. On the same day, complainant no.1 visited to the office of op and submitted letter regarding their further proposed crop and asked that they will sow crop of gawar in the area of 74.8 acres and he also asked that insurance is not required for crop of gawar. Hence, insurance premium debited in their account on 31.7.2017 was again credited in the account of complainants on 2.8.2017. In this way, kharif crops of complainant could not be insured. It is further submitted that complainants have sown crop of gawar as proposed by complainant no.1 and crop of gawar was not damaged. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
4. The complainants as well as op no.2 then led their respective evidence.
5. We have heard learned counsel for complainants and learned counsel for op no.1 and have gone through the case file carefully.
6. The complainants in order to prove their complaint have furnished their affidavit Ex.C1/A and Ex.C2/B in which they have deposed and reiterated all the averments made in the complaint. They have also furnished copy of jamabandi Ex.C1, copies of statements of account Ex.C2 to Ex.C6. On the other hand, op no.2 has furnished affidavit of Sh. Saurabh Mehta, Assistant Manager & Principal Officer as Ex.RW1/A, copy of information details Ex.R1 and copy of statement of account Ex.R2.
7. The complainants have filed this complaint with the allegations that complainants are holding agricultural land measuring 39 kanals 8 marlas in village Jogiwala, District Sirsa and are holding KCC account with op no.2 bank. Further there are allegations that op no.2 had deducted the premium of Rs.5809.80 from account of complainants on the cut off date of deposition of premium, but later on amount was re-deposited back in the account of complainants on 11.8.2017. The cotton crop of complainant was damaged during kharif, 2017 and claim was lodged, but however, same was not paid. On the other hand, there is specific plea of op bank that since complainant no.1 had objected against deduction of premium and moved an application Ex.R1 under his signatures that he wants to sow gawar crop in their field and they do not want to get their cotton crop insured, as a result of which the premium was returned and credited in the account of complainants on 11.8.2017.
8. Though, complainants have taken the plea that there was loss of crop due to natural calamities and complainants are entitled for compensation on account of loss of crop, but however, while furnishing affidavits complainants have not denied that they had not opted for gawar crop and complainant no.1 not objected against deduction of premium. They have further not denied that on request of complainant no.1, premium was returned to their account.
9. During course of arguments, learned counsel for complainants has objected that application Ex,R1 does not bear signatures of complainant Rajender Singh, but however, record reveals that he has not moved any application to get signatures of complainant Rajender compared and examined in order to get expert opinion. Nor complainant Rajender has come present in person in order to verify his signatures. The complainants have not taken any plea in their complaint that these signatures are forged and fabricated on Ex.R1. So, it appears from the record that this letter was written by complainant Rajender Singh himself. Since, cotton crop of complainants for kharif, 2017 was not insured, as such complainants do not appear to be entitled for any compensation for the loss of crop. Moreover, complainants have failed to prove any deficiency on the part of op bank.
10. In view of our above discussion, it appears that complainants have failed to prove their allegations in the complaint by leading cogent and convincing evidence. As such, 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 in open Forum. President,
Dated:05.03.2020. Member District Consumer Disputes
Redressal Forum, Sirsa
