BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 439 of 2019.
Date of Institution : 07.08.2019.
Date of Decision : 04.10.2022.
Randhir Singh, aged about 58 years son of Shri Madan Singh, resident of village Bhurtwala, Tehsil Ellenabad, District Sirsa. Mobile No. 94673-47074.
Versus.
1. ICICI Lombard General Insurance Company Ltd. 4th Floor, the Statement Building Plot No.149, Industrial Area, Phase-I, Next to Hometel Hotel, Chandigarh - 160002 through its Manager.
2. HDFC Bank, Branch village Panniwala Mota, Tehsil and District Sirsa through its Branch Manager.
...…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. Ved Parkash, Advocate for complainant.
Sh. R.K. Mehta, Advocate for opposite party No.1.
Sh. R.K. Chaudhary, Advocate for opposite party no.2.
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 (as detailed in para no.1 of complaint) situated in village Bhuratwala, Tehsil Ellenabad, District Sirsa as per jamabandi for year 2016-2017. He is having his account with op no.2 bearing no. 50200013297737. On 31.7.2017, the op no.2 bank deducted premium amount of Rs.25,307.40 from account of complainant for insuring his crop of Kharif, 2017 with op no.1 under Prime Minister Fasal Bima Yojna. That cotton crop of complainant sown by him in Kharif, 2017 in his about 50 acres of land was damaged due to disaster of white bees and other natural calamities and he is entitled to insurance amount of Rs.15,00,000/- approximately at the rate of Rs.30,000/- per acre. However, later on complainant came to know that said amount of Rs.25,307.40 has been credited in his account on 3.8.2017 without his consent. The complainant enquired about the matter from ops but no satisfactory reply was given by ops and complainant has been deprived of from insurance claim without any cause. The complainant approached the ops and requested to release the insurance claim but in all vain and ops have caused unnecessary harassment and mental agony to him. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed reply raising certain preliminary objections regarding no coverage of alleged loss, insurance company cannot be quested for proposal related disputes, not maintainable for want of jurisdiction, non submission of proof of loss or weather report, limited coverage as per scheme, yield basis claims are decided by Government, no survey no quantification of loss, no privity of contract, non impleading of necessary parties etc. It is also submitted that if any mistake is done by complainant or by bank of complainant, insurance company cannot be held liable for claim amount. On merits, the contents of complaint are denied. It is submitted that claim of complainant was rejected as crop loss occurred due to rains but the same is not leading to Inundation which is covered for loss under the scheme and prayer for dismissal of complaint made.
4. Op no.2 filed reply submitting therein that detail regarding some accounts could not be uploaded on the portal of insurance company due to non availability of adhar card and the amount debited in their account was not remitted to the insurance company. The complainant is estopped by his own act and conduct to file the present complaint against answering op. In fact, at the time of sanction of loan, the complainant 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 crop loan alongwith interest even if the crops are failed due to natural calamities or for any other reasons”. On receipt of message of debiting of amount, complainant alongwith office bearer of Kisan Union visited the bank premises on 11.08.2017 and shown their grievance regarding transfer of amount for insurance of crops as they had not authorized the bank to get their crop insured. They were advised to deposit the adhar 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 bank in the account of complainant. Remaining contents of complaint are also denied and prayer for dismissal of complaint qua op no.2 made.
5. The complainant has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C4.
6. On the other hand, Op no.2 has tendered affidavit of Sh. Sourabh Mehta, Assistant Manager as Ex.RW1/A and documents Ex. R1 and Ex.R2.
7. Op no.1 did not lead any evidence despite availing several opportunities.
8. We have heard learned counsel for the parties and have gone through 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.2 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 op no.1 but as complainant raised objection regarding deduction of premium amount from his account, 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.R1 also reveals that premium amount of Rs.29,987/- (wrongly mentioned by complainant as Rs.25,307.40) which was deducted from the account of complainant on 31.07.2017 was reversed back in his account on 2.8.2017 i.e. within two days of its deduction. Since the premium amount 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 President,
Dated: 04.10.2022. District Consumer Disputes
Redressal Commission, Sirsa.
