Haryana

Karnal

CC/375/2019

Nidhan Singh - Complainant(s)

Versus

Manager Canara Bank - Opp.Party(s)

S.S.Seivia

10 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                       Complaint No. 375 of 2019

                                                        Date of instt.28.06.2019

                                                        Date of Decision:10.08.2022

 

Nidhan Singh son of Shri Kehar Singh, resident of village Beholpur, Block Nissing, District Karnal.

                                               …….Complainant.

                                              Versus

 

1.     Manager Canara Bank Branch Kachhwa, District Karnal.

 

2.     Manager SBI General insurance Co. SCO no.388-389, 1^st floor, B.D. International, Karan Commercial Complex, Old Mugal Canal, Karnal.

 

3.     Deputy Director, Agriculture Department near old court complex, Karnal.

                                                                      …..Opposite Parties.

 

Complaint under Section 12 of the Consumer Protection Act, 1986 as amended under Section 35 of Consumer Protection Act, 2019.

 

Before   Sh. Jaswant Singh……President.       

      Sh. Vineet Kaushik…….Member

      Dr. Rekha Chaudhary……Member

          

 Argued by: Shri S.S.Seivia, counsel for complainant.

                    Shri Manoj Kumar, counsel for the OP no.1.

                    Shri Virender Sharma, counsel for the OP no.2.

Shri Surender Kumar Project Officer on behalf of OP no.3.

 

                    (Jaswant Singh President)

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’) on the averments that complainant is an agriculturist by profession and having six acres of land in village Behlolpur. Complainant has obtained cash credit limit (KCC) from the Canara Bank, Kachhwa. OP no.1 has insured the crop under the scheme of Pradhan Mantri Fasal Bima Yojna from OP no.2. The OP no.1 has debited the premium from the account of the complainant and said amount was remitted to OP no.2. The complainant had sown paddy crop in six acres of land in 2018 and due to heavy rain fall in the rainy season 2018, his paddy crop was totally damaged. Thereafter, Complainant approached the OPs as well as Block Agriculture office and reported the whole incident. Complainant also moved an application to Block Agriculture Officer with regard to the damage of crop. On the application of complainant, the officials of the office of Block Agriculture Officer and the representative of insurance company visited at the site and inspected the damaged crop of the complainant. After that, complainant visited to the office of OP no.2 several times and requested to make the payment of compensation of damage crop but OP no.2 flatly refused to pay the same stated that name of the complainant is not registered on the Government Portal. Complainant has suffered a mental pain, agony and harassment due to such a malpractice and deficiency in service on the part of the OPs. Hence complainant filed the present complaint.

2.             On notice, OP no.1 appeared and filed its written version raising preliminary objections with regard to maintainability; locus standi; cause of action and concealment of true and material facts. On merits, it is pleaded that one Minutes of the Meeting to discuss the pending dispute of Pradhan Mantri Fasal Bima Yojna was held on 02.07.2019, under the chairmanship of Shri Ajit Bala Ji Joshi, IAS Director General Agriculture and Farmers Welfare, Haryana. In said meeting it has been decided that “cases where farmers record mismatch and premium paid by the banks to insurance company on time, whereas insurance company not return premium to bank in time, insurance company will pay the claim to the farmers as per farmer record”. It is further pleaded that one Minutes of the Meeting to discuss the pending disputed cases for claim settlement of Pradhan Mantri Fasal Bima Yojna was held on 11.09.2019 under the chairmanship of Shri D.K. Jain, Zonal Manager (PNB) and Convener SLBC Haryana. The aforesaid meeting has been duly attended by the representatives of various Banks and insurance companies. In said meeting similar view has been taken. It is further pleaded that after deduction of premium amount of said Pradhan Mantri Fasal Bima Yojna, OP no.1 with immediate effect has remitted premium amount in the account of insurance company and the further procedure and proceedings was of the insurance company. Thus, there is no fault on the part of the OP no.1 bank. The insurance company has not returned the premium amount of policy to the bank, if any, discrepancies were thereon, so the insurance company is liable to pay the compensation, if any, to the complainant. There is no deficiency in service on the part of the OP no.1. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.              OP no.2 appeared and filed its written version raising preliminary objections with regard to maintainability and cause of action. On merits, It is pleaded that as per the PMFBY: Actual Yield (AY) kilogram/hectare was more than Threshold Yield (TY) kilogram/hectare for crop:- paddy (irrigated) in village:- Bahlolpur. Hence the complainant is not liable for any claim as per PMFBY guidelines. It is further pleaded that Threshold Yield (TY) kilogram/hectare is fixed for every insurance unit. Actual Yield (AY) Kilogram/Hectare of an insurance unit is calculated by the government taking samples from respective insurance unit at the time of harvesting of the crop through Crop Cutting Experiments (CCEs) which are conducted by State Government. It is further pleaded that all the data necessary for processing the crop insurance claims is furnished by the government and accordingly the insurance company only calculated the claim on the basis of formula given in operational guidelines of Pradhan Mantri Fasal Bima Yojna (PMFBY). Provision of operational guidelines of Pradhan Mantri Fasal Bima Yojna vide clause XI: Assessment of loss/shortfall in yield, sub clause 10: Assessment of Claims (Wide Spread Calamities)

“If ‘Actual Yield’ (AY) per hectare of insured crop for the insurance unit (calculated on basis of requisite number of CCEs) in insured season, falls short of specified “Threshold Yield” (TY), all insured farmers growing that crop in the defined area are deemed to have suffered shortfall in yield of similar magnitude. PMFBY seeks to provide coverage against such contingency.

‘Claim’ shall be calculated as per the following formula:

(Threshold Yield- Actual Yield)

Threshold yield                  X Sum insured.

 

It is further pleaded that in the present case, as the Actual Yield kilogram/Hectare was more than Threshold Yield Kilogram/Hectare for crop:- paddy in village-Peont (58), which is respectively crop insured by and insurance unit of complainant, the complainant is not entitled to get the benefit under the policy.

Crop   District          Village         Farmer        Actual        Threshold    Claim

                                                  Type             Yield         Yield 

                                                            (AY)         (TY)

Paddy               Karnal      Bahlolpur     Loanee      4019.96     3332.70          0

(Dhan)    

Based upon the calculation of the claim Rs.0, Hence the complainant are not liable for any compensation. It is further pleaded that complainant is not entitled for any compensation for damages to the crop as claimed amount. There is no deficiency in service on the part of the OP no.2. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

4.             OP no.3 in its reply stated that complainant is owner of six acres of land in village Bahlolpur and he has obtained cash credit limit (KCC) from the Canara Bank, Kachhwa. OP no.1 has insured the crop for the year 2018 under the scheme of Pradhan Mantri Fasal Bima Yojna from OP no.2 and has debited the premium from the account of the complainant and said amount was remitted to OP no.2. Due to heavy rain fall in the rainy season 2018, the paddy crop of the complainant was totally damaged. Complainant informed the Agriculture Department regarding the said damages of crop within 48 hours and accordingly the officials of the agriculture and insurance company got surveyed the damaged crop. It is further pleaded that OP no.1 committed mistake in filling of the GOI portal as the OP no.1 uploaded the land of complainant in village Kachhwa instead of village Bahlolpur, which is clear cut deficiency in service on the part of the OP no.1. Due to this mistake, the insurance company has not paid the claim to the complainant. As per clarification notification dated 19.11.2018 under the operational guidelines of PMFBY clause 19 part (XXV) the concern bank only shall be liable for such misreporting.

5.             Parties then led their respective evidence.

6.             Complainant has tendered into evidence his affidavit Ex.CW1/A, copy of survey report Ex.C1, copy of statement of account Ex.C2, copy of application status Ex.C3, copy of email dated 02.12.2020 Ex.C4, copy of bank pass book Ex.C5 and closed the evidence on 31.01.2022 by suffering separate statement.

7.             On the other hand, learned counsel for OP no.1 has tendered into evidence affidavit of Sandeep Dahiya Working as Branch Manager Ex.OPW1/A, copy of statement of account Ex.OP1, copy of notification of Haryana Government Ex.OP2, copy of minutes of meeting dated 02.07.2019 Ex.OP3, copy of minutes of meeting dated 11.09.2019 Ex.OP4, copy of operational guidelines of PMFBY Ex.OP5,  copy of application form of KCC Ex.OP6, copy of sanction letter Ex.OP7, copy of mortgage deed Ex.OP8 and closed the evidence on 08.06.2022 by suffering separate statement.

8.             OP no.2 has tendered into evidence affidavit of Arvind Singh Naruka, authorized signatory Ex.OP2/A, copy of Blockwise Average Yield Ex.OP2/2, copy of tabulation sheet of sum insured and claim under PMFBY for Khariff 2018 Ex.OP2/3, copy of Blockwise average yield of paddy as per Crop Cutting Experiments Ex.OP2/4, copy of screen shot Ex.OP2/5 and closed the evidence on 08.06.2022 by suffering separate statement.

9.             OP no.3 has tendered into evidence affidavit of Surinder Kumar Project Officer Ex.OP3/A, copy of survey report Ex.OP3/1, copy of email dated 02.12.2020 Ex.OP3/2 and closed the evidence on 12.05.2022 by suffering separate statement.

10.           We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

11.           Learned counsel of complainant, while reiterating the contents of complainant, has vehemently argued that complainant has obtained cash credit limit for agriculture/loan from the OP no.1 under scheme of cash credit agriculture and for the purpose of loan. Complainant had mortgaged his agriculture land in favour of OP no.1 and OP no.1 has provided crop insurance, under the scheme of Pradhan Mantri Fasal Bima Yojna through the OP no.2 and OP no.1 had debiting the insurance premium from the account of the complainant from time to time and the said amount was remitted in the account of OP no.2. He further argued that due to heavy rainfall, the crop was badly damaged and complainant approached the OPs.. Officials of the Deputy Director Agriculture visited at the site and inspected the damaged crop of the complainant and found damaged to the extent of Rs. 10000-11000 till investment per acre. The complainant requested the OPs several times to make the payment of compensation but they failed to pay the same and lastly refused to pay the same and lastly prayed for allowing the complaint.

12.           Per-contra, learned counsel of OP no.1, while reiterating the contents of written version, has vehemently argued that after deduction of premium amount, under Pradhan Mantri Fasal Bima Yojna, OP no.1 had remitted premium in the account of insurance company, so there is no fault on the part of the bank/OP no.1. Hence, prayed for dismissal of complaint qua OP no.1. He further argued that OP no.2 must follow the decision taken in the meetings held on 02.07.2019 under the chairmanship of Shri Ajit Bala Ji Joshi, IAS Director General Agriculture and Farmers Welfare, Haryana and meeting  held on 11.09.2019 under the chairmanship of Shri D.K. Jain, Zonal Manager (PNB) and Convener SLBC Haryana and lastly prayed for dismissal of the complaint qua OP no.1.

13.           Learned counsel of OP no.2 argued that Threshold Yield (TY) Kilogram/Hectare is fixed for every insurance unit. Actual Yield (AY) Kilogram/Hectare of an insurance unit is calculated by the government taking samples from respective insurance unit at the time of harvesting of the crop through crop cutting Experiments (CCEs) which are conducted by the State Government. Actual Yield (AY) kilogram/hectare was more than Threshold Yield (TY) kilogram/hectare for crop:- paddy (irrigated) in village:- Bahlolpur. Hence the complainant is not liable for any claim as per PMFBY guidelines. He further argued that all the data necessary for processing the crop insurance claim is furnished by the government and accordingly the insurance company only calculated the claim on the basis of formula given in operational guidelines of Pradhan Mantri Fasal Bima Yojna. He further argued that as per Ex.OP2/5 i.e. screen short of portal, the name of village is mentioned as Kachhwa by OP no.1 instead of village Bahlolpur and there is no loss in village Kachhwa, hence the claim of the complainant was rightly declined. There is no fault on the part of the insurance company and OP no.2 is not liable for the wrong act committed by OP no.1 i.e. bank and prayed for dismissal of the complaint qua OP no.2.

14.           OP no.3 argued the case on the same lines of written version.

15.           We have duly considered the rival contentions of the parties.

16.           Admittedly, the complainant is an agriculturist and is possessing agriculture land in village Bahlolpur and had obtained crop loan from OP no.1 (bank) and OP no.1 had deducted premium amounts for insurance of crop on behalf of OP no.2 under Pardhan Mantri Fasal Bima Yojana, as is evident from copy of statement of account Ex.C2/OP1. The particulars were uploaded on the portal by OP no.1. The complainant has alleged that his paddy crop of Kharif, 2018 was damaged but OPs did not pay any compensation.

17.           The OP no.1 bank has also pleaded that after deduction of premium amount from the account of complainant by OP no.1, same was remitted in the account OP no.2. The OP no.2 insurance company has also not denied the fact that they did not receive any premium amount for insuring the paddy crop of complainant of Kharif, 2018. So, it is duly proved on record that OP no.2 has received insurance premium amount of from banker of complainant i.e. OP no.1 on behalf of complainant for insuring the paddy crop of complainant of kharif, 2018.

18.           Furthermore, so far as loss to the paddy crop of complainant of Kharif, 2018 is concerned, the complainant has specifically stated that in Kharif, 2018 season his crop in the area of six acres were damaged due to water logging due to heavy rain and he moved an application to the agriculture department with regard to loss of crop. He has also stated that agriculture department and insurance company inspected/surveyed his damaged crop but insurance company denied to pay any compensation/claim to him while saying that there is no loss in village Kachhwa (11). The complainant, in order to prove damage to his paddy crop of Kharif, 2018, has also placed on record copy of inspection report Ex.C1/(Ex.OP3/1), conducted by agricultural department and representative of insurance company, said report reveals that on 03.08.2018 agriculture department and representative of insurance company had inspected the field of complainant in complainant’s presence and found that his paddy crop in area of four acres of land was damaged to the extent of Rs.10000-11000 till investment per acre due to water logging. So, it is proved on record from said report Ex.C1 (Ex.OP3/1), that paddy crop of complainant in area of four acres of land in village Bahlolpur had damaged and he has suffered loss on account of damage of his paddy crop of Kharif, 2018. The OP no.2 has not paid claim amount to the complainant on the ground that as the actual yield was more than threshold yield in village Kachhwa and Bahlolpur, therefore, complainant is not entitled for any compensation. The OP no.3 in its written version specifically mentioned that on the GOI portal, the crop village of the farmer is a mismatch of the village name. In the portal ID, the area of crop insured of complainant has been shown in village Kachhwa (11) instead of village Bahlolpur and as such OP no.2 has taken stand that crop of complainant in village Bahalolpurr is not insured with it. No doubt, the OP no.1 bank has wrongly uploaded the name of the village of complainant, but according to clause 19 (xxii) of Haryana Government Agriculture & Welfare Department Notification dated 30.3.2018, the insurance company is to verify the data of insured farmers pertaining to area insured, area sown, address, bank account number (KYC) as provided by the banks independently on its own cost within two months of the cutoff date and in case of any correction, must report to the state government, failing which no objection by the Insurance Company at a later stage will be entertained and it will be binding on the Insurance Company to pay the claim. Hence, OP no.2 cannot take such plea that there is mismatch of the village name of the complainant as there is nothing on file to prove the fact that OP no.2 insurance company had verified the data of the complainant as provided by the OP no.1 independently and sought any correction and OP no.2 has retained the premium amount of complainant and has not refunded the same to the complainant due to mismatch of village name of complainant. Moreover, OP no.1 bank has also relied upon copy of the minutes of the meeting to discuss the pending dispute of Pradhan Mantri Fasal Bima Yojna (PMFBY) held on 02.07.2019 under the Chairmanship of Shri Ajit Bala Ji Joshi, IAS Director General Agriculture and Farmers Welfare, Haryana and Minutes of the meeting to discuss the pending dispute of Pradhan Mantri Fasal Bima Yojna (PMFBY) held on 11.09.2019 under the Chairmanship of Shri D.K. Jain, Zonal Manager (PNB) and Convener SLBC Haryana as in the said meetings it was resolved that cases where farmers record mismatch and premium paid by Banks to insurance company on time, whereas insurance company not returned premium to bank in time, insurance company will pay the claim to farmers as per farmer record.

19.           In rebuttal, learned counsel for OP no.2 has relied upon   the minutes of 4^th Meeting of State Level Grievance Committee held on 14.1.2021, in which it has been resolved/ decided that in case of Village Name Mismatch, the concerned bank branch is liable to pay the claim of affected farmers. This observation has been given by the Committee on the basis of clause no.XXIV of PMFBY for the year Kharif 2016 to Kharif 2018 of Operational Guidelines and clause no.17.2 for the year Rabi 2018-19, Kharif-2019 and Rabi 2019-20 of Revised Operational Guidelines of PMFBY. The clause 17.2 of the Operational Guidelines of PMFBY is reproduced as under:-

“Consolidated declaration/ proposal formats to be submitted physically/ electronically by Nodal banks/ Branches shall contain details about Insurance Unit, sum insured per unit, premium per unit, total area insured of the farmers, number and category of farmers covered (small and marginal or other) and number of farmers under other categories (SC/ST/others)/ Women alongwith their bank account dertails etc. (bank/ their branches) as per the application for provided on the National Crop Insurance Portal. Banks are required to upload the insured farmers’ data mandatorily on the National Crop Insurance Portal. No other platform shall be used for uploading/ submission of farmers’ data. Those farmers whose data is uploaded on the National Crop Insurance Portal shall only be eligible for insurance coverage and accordingly the premium subsidy will also be released. In cases where farmers are denied crop insurance due to incorrect/ partial/ non-uploading of their details on Portal, concerned Banks/ Intermediaries shall be responsible for payment of claims to them.

                Further relevant portion of clause No.24 of the revised operational guidelines of PMFBY regarding Important Conditions/ Clauses Applicable for Coverage of Risks is as under:-

24.1 “Insurance Companies should have received the premium for coverage either from bank, channel partner, insurance intermediary or directly. In case of any loss in transit due to negligence by these agencies or non remittance of premium by these agencies, the concerned bank/ intermediaries shall be liable for payment of claims.”

24.2  “In case of any substantial misreporting by nodal bank/ branch in case of compulsory farmers coverage, the concerned bank only shall be liable for such mis-reporting.”

20.           On the other hand, learned counsel for OP no.1 has submitted that abovesaid Minutes of the meeting has already been challenged by the concerned Banks before the Hon’ble Punjab and Haryana High Court and the verdict of the Hon’ble Punjab and Haryana High Court is still pending. Thus the said minutes of meetings are not applicable upon the OPs.

21.            In the present case, the insurance company OP no.2 which has retained the premium amount of complainant for insuring paddy crop of complainant of Kharif, 2018, and has not returned the premium amount to bank in time, is liable to pay insurance claim for the damage of crop to the complainant hence the plea of OP no.2 that actual yield was more than threshold yield in village Kachhwa (11) is not relevant. Furthermore, the OP no.2 also has not proved, by cogent and convincing evidence that actual yield of village of complainant i.e. Bahlolpur was more than the threshold yield. Furthermore, the crop of the complainant got surveyed individually not consolidated by the Agriculture Department, which has been proved from the survey report Ex.C1(Ex.OP3/1). Complainant has duly proved on record through cogent and convincing evidence that officer of agriculture department and representative of insurance company OP no.2 inspected the field of complainant and confirmed about the loss to the paddy crop of complainant of Kharif, 2018. Therefore, OP no.2 cannot go back and cannot avoid its liability when its representative has already found loss to the crop of complainant.  So, the insurance company OP no.2 only is liable to pay the claim amount to the complainant. However, no liability of OPs no.1 and 3 is made out.

22.           Now, we observe the entitlement of the complainant regarding claim amount for the damage of his paddy crop of Kharif, 2018. The complainant had sown paddy crop in six acres of land but as per survey report Ex.C1(OP3/1) complainant has suffered loss to the extent of Rs.10000-11000 till investment per acre in four acres only. The said report has not been disputed by the insurance company. As per survey report Ex.C1(Ex.OP3/1) the complainant has suffered the loss to the extent of Rs.10,000-11000 till investment per acre. Complainant has suffered loss in his four acres of land.  In this way, the loss of complainant comes to Rs.42000/-(10500x4=42,000). Hence, the complainant is entitled for the abovesaid amount alongwith interest, compensation for harassment and mental agony and litigation expenses. However, no liability of OPs no.1 and 3 is made out.

23.           In view of our above discussion, we allow this complaint and direct the OP no.2 to pay the amount of Rs.42,000/- alongwith interest @9% per annum to the complainant from the date of filing of present complaint till its actual realization. We further direct the OP no.2 to pay an amount of Rs.10,000/- as compensation for harassment and mental agony suffered by him and Rs.5500/- as litigation expenses to the complainant. However, complaint against OPs no.1 and 3 stands dismissed. This order shall be complied with within 45 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to record room after due compliance.

Dated:10.08.2022                                                                     

                                                                 President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Rekha Chaudhary)    

                     Member                    Member