Haryana

Fatehabad

CC/395/2018

Raj kumar - Complainant(s)

Versus

ICICI Lombord General Insurance - Opp.Party(s)

Mange Ram

12 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.395 of 2018.                                                              Date of Instt.:  14.11.2018.                                                                         Date of Decision: 12.07.2023

Raj Kumar son of Bihari Lal resident of village Khasa Phatana, Tehsil & District Fatehabad.

                                                                            ...Complainant.

                                     Versus     

1. ICICI Lombard, Plot No.149, Forth Floor, Industrial Area, Phase - 1, next to Hometel Hotel, Phase-1, Chandigarh.
2. State Bank of India, Branch ADB Bhuna Tehsil & District Fatehabad through its Branch Manager.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                         Sh.M.R.Godara, Advocate for complainant.                                                        Sh.Vishnu Delu, Advocate for Op No.1.                                                   Sh.Sanjeev Mehta, Advocate for Op No.2.

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                  DR.K.S.NIRANIA, MEMBER.                                  

ORDER

SH. RAJBIR SINGH, PRESIDENT

                    Brief facts of the present complaint are that the complainant is owner in possession of land situated at village Khasa Pathana Tehsil & District Fatehabad, the details of which is mentioned in para No.1 of the complaint; that the complainant had sown wheat crops on the land in question and had also availed Kisan Credit Card (KCC) facility with account No.33610532664; that the complainant got the standing crop insured under the scheme “Pardhan Mantri Fasal Bima Yojna” with the Op No.1/insurance company on 28.12.2016 and in this regard an amount of Rs.993/- was debited from his account by Op No.2 as premium of the insurance in question, which was credited in the account of Op No.1; that the wheat crop of the complainant got damaged due to heavy rain fall, hailstorm and snow fall; that the concerned Agriculture Department has assessed the loss to the tune of Rs.20,000/- per hectare;  that despite several requests and serving of legal notice, the claim for damaged crops has not been paid by the Ops, due to which complainant has suffered great financial losses. Hence, this complaint.

2.                Upon notice, the OPs appeared before this Commission and contested the complaint by filing their replies separately. Op No.1, in its separate reply has taken several preliminary objections such as cause of action and locus standi etc. It has been further averred that the present complaint before this Commission is not maintainable as the alleged loss of crop was not covered under the reason inundation and hailstorm, therefore, insurance company cannot be held liable for any claim; that except localized claims, all other perils were to be finalised by government agencies and  the complainant should have approached DAC & FW Department for any kind of grievance related to scheme or claim and decision of said department would have been binding on State Government/Insurance Company/Banks/farmers but instead of that the complainants had approached the District Consumer Commission (earlier Consumer Forum) with malafide intention by violating standard terms and conditions of the scheme. Further, the complainant had never given any intimation to the insurance company regarding any loss despite the fact that there is a condition for immediate intimation of claim within 48 hours of loss. It has been further averred that no proof of loss or weather report has been submitted with insurance company by the complainant and even quantification of loss cannot be determined in absence of necessary survey and there is no privity of contract between complainants and insurance company. There is no deficiency in service on the part of insurance company.  Other contentions made in the complaint have been controverted and prayer for dismissal of the complaint has been made.

3.                          In the reply filed on behalf of Op No.2 several preliminary objections such as cause of action, locus standi, maintainability, jurisdiction and concealment of material facts have been taken. It has been further submitted that an amount of Rs.993/- was debited on 28.12.2016 from the bank account of the complainant for premium of wheat crops and was remitted to the OP No.1; that the loss if any suffered by the complainant, the Op No.1/insurance company being the insurer is liable to pay the compensation. There is no deficiency in service on the part of bank. Other contentions have also been controverted and prayer for dismissal of the complaint has been made. In the end, prayer for dismissal of the complaint has been made.                    

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant Annexure C1 alongwith documents Anneuxre-C2 to Annexure-C7 and thereafter, closed the evidence on behalf of complainant.

 5.                          On the other hand, learned counsel for the OP No.1 tendered into evidence affidavit Sh.Nishant Gera, authorised signatory as Annexure RW2/A  and learned counsel for Op No.2 has tendered affidavit of Sh.Sanjeev Kumar, Manager as Annexure RW1/A and documents Annexure R1 to Annexure R3 on the case file. Thereafter, the evidence of the Ops was closed.

6.                          We have heard oral final arguments from both sides and perused the case file minutely.

7.                          The grievance of the complainant is that his wheat crop for the Rabi, 2016 season got damaged but has not received any insurance claim till today. The complainant in order to prove his case has placed on file copy of jamabandi for the year 2012-2013 and copy of statement of account Annexure C5. Op No.2/bank in its written statement has admitted that an amount of Rs.993/- was deducted on 28.12.2016 as insurance premium  of Rabi crop in the land situated at village Khasa Pathana, Tehsil & District Fatehabad and was remitted to the insurance company.  

8.                          Learned counsel for the complainant has argued that the wheat crop of Rabi was damaged and the concerned department had assessed the loss to the tune of Rs.38000/-  per hectare (Annexure C7) in village Khasa Pathana for loss of wheat crop and in support of his contentions he drew the attention of this Commission towards loss assessment report of village Khasa Phatana with regard to claim of the complainant.

9.                          Undisputedly, the insurance company had accepted the payment qua insurance premium of crop and did not make the claim when the insured crop had already been reportedly damaged, meaning thereby that op no.1/insurance company had accepted the premium without any objection and now when the damage to the crop of complainants has been caused, then op no.1/insurance company arbitrarily and illegally denying to pay the genuine claim of the complainant.  So, the OP No.1/insurance company is found deficient in service and is also found involved in unfair trade practice. In the given facts and circumstances of this case, the Op No.1/insurance company only is found liable to pay claim amount for the damages to the Rabi crop of complainant and op no.2/bank is not found responsible in this regard.                        

10.                        The concerned Agriculture Department has assessed the yield loss to the tune of Rs.38,000/- per hectare and the complainant has suffered loss in 1.2 (Annexure C7) hectare and it would be just and proper to give compensation to the complainant as assessed by the concerned agriculture department in its report for the insured crop only.

11.                        Thus, as a sequel to our above discussion, we allow the present complaint against OP No.1/insurance company with a direction as follows:

(1)                        To pay an amount of Rs.45,600/- as insurance claim amount on account of yield loss to the complainant for the damages of Rabi crop sown by him in 1.2 hectare.

(2)                        To pay a lump sum amount of Rs.11,000/- (Rs.Eleven Thousand) towards compensation for harassment and mental agony etc. suffered by the complainants as well as for litigation expenses.

                             The amount mentioned at Sr. No. (1) would carry simple interest @ 6 % per annum from the date of filing of the compliant till actual payment.  The order be complied within a period of 45 days from today, failing which the entire amount mentioned at Sr. Nos. (1) & (2) above would carry simple interest @ 9 % per annum from the date of this order till actual payment.  In the given facts and circumstances of this case, no deficiency is found on the part of OP No. 2/bank, therefore, complaint against Op No.2/bank stands dismissed.  

12.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 12.07.2023

                                                                                               

          (K.S.Nirania)                       (Harisha Mehta)                (Rajbir Singh)                              Member                               Member                                             President