Haryana

Charkhi Dadri

CC/138/2022

Ratan Singh - Complainant(s)

Versus

Manager, Central Bank of India - Opp.Party(s)

Sh. Vikash Kumar

14 Aug 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI.

 

                                                          Complaint Case No. 138 of 2022

                                                         Date of Institution:  27.05.2022

                                                          Date of Decision:    14.08.2024      

 

Ratan Singh son of Bhagwan Singh, resident of village Bhagwi, Tehsil and District Charkhi Dadri.Mobile No.9812131664

                                                                   ….Complainant.

Versus

1. Manager, Central Bank of india, Bhagwi, Tehsil and District Charkhi Dadri.
2. Bajaj Allianz General Insurance Company limited.  Bajaj Allianz House, Airport Road, Yerawada, PUNE-411006 through its Authorized signatory/M.D..

                                                                                     …....OP/Respondent

 

                    COMPLAINT UNDER THECONSUMER PROTECTION ACT.

 

Before: -     Hon’ble Sh. Manjit Singh Naryal, President

                   Hon’ble Sh. Dharam Pal Rauhilla, Member.

 

Present:      Sh. Praveen Takshak, Adv. for complainant.

                   Sh. Pawan Bansal, Adv. for OP no.1.

                   Sh. Rahul Sheoran, Adv. for OP no.2.

 

ORDER:-

              

                  Ratan Singh (hereinafter referred to as “complainant”) has filed the present complaint against the opposite parties (hereinafter referred to as “OPs”) with the averments that he is owner in possession of agricultural land situated in revenue estate of village Bhagwi, Tehsil and District Charkhi Dadri, detail of which is given in para No. 1 of the present complaint. It is averred that the complainant got insured his Bajra & cotton crop sown in 0.41 hectare and 0.29 hectare land from the OP no.2 through CSC Centre vide application receipt No. 040106211041406955201 & 040106211041406955202 and paid premium of Rs. 340.3984 ps & Rs.1241.519 ps. and the Government also gave premium share of Rs. 3063.5856 ps and Rs. 2234.7342 ps on behalf of farmer in PMFBY (Pardhan Mntri Fasal Bima Yojana) scheme. It is averred that the said Bajra & cotton crop of complainant as well as of some other villagers were fully damaged. Intimation in his regard was given to the OP no.2 and survey was got conducted. The complainant completed all the requirement of OP no.2 in order to get the claim of his damaged crops, which was duly insured under Pardhan Mantri Fasal Bima Yojana, but the  complainant has received only a sum of Rs. 8641 for his Bajra Crop & Rs. 16704/- for cotton crop whereas the complainant should have got Rs. 17,019/- & Rs. 24,830/- respectively. But OP no.2 refused to make remaining payment of claim amount to the complainant. The complainant served a legal notice dt. 04.03.2022 upon the OPs through his counsel Sh. Parshant Kumar but the OP no.2 neither replied the notice nor compensate the complainant and the OP no.1 has replied the notice on the false and baseless grounds. It is averred that this act of refusing to grant compensation for damaged Bajra & cotton crop of complainant, amounts to deficiency in service on the part of the OPs. Accordingly, the complainant seeks directions against the OPs to pay the remaining claim amount of Rs. 16,504/-along with interest, compensation and the litigation expenses besides any other relief, to which the complainant is found entitled.

2.           The OP no.1 in its written statement averred that as per scheme of Pradhan Mantri Fasal Bima Yojna, crop of complainant measuring area 0.41 hectare & 0.29 hectare situated at village Bhagvi was insured with OP No.2 and the premium for insurance was paid by the OP No. 1 on behalf of complainant to the OP No. 2 by debiting his account. It is averred that the contract of insurance came into existence between the complainant and the OP Nos. 2 and hence, the OP No. 1 is not liable to pay any amount on account of said insurance or any other amount to the complainant as there is no deficiency in service on the part of OP No. 1 and accordingly dismissal of complaint has been sought by the OP No. 1.
3.           The OP no.2 appeared and filed the written statement. It is averred that the complainant had got insured their agricultural land situated at village/notified area of village Bhagvi (163), District Charkhi Dadri with the answering OP vide policies No. OG-22-1207-5015-00011863 & OG-22-1207-5015-00011848  under Pradhan Mantri Fasal Bima Yojna, covering the crop season of Kharif 2021 for the cultivation of Bajra & cotton crop and providing insurance coverage for localized risks which is intended to provide insurance cover at individual farm level to crop covering losses due to occurrence of localized perils/calamities viz. landslide, hailstorm and inundation affecting part of a notified unit or a plot. It is averred that the above mentioned policies for Kharif 2021 were issued by the OP no.2 insurance company under the Operational Guidelines of Pradhan Mantri Fasal Bima Yojna, therefore, the said policy was to be governed and operated strictly as per terms and conditions as envisaged under the said Operational Guidelines of Pradhan Mantri Fasal Bima Yojna. It is averred that the insured crop was Bajra & cotton and the insurance company received the claim intimation and survey was conducted and localized claim was paid to the complainant. It is averred that the OP no.2 has already paid the claim amount of Bajra Crop of Rs. 8,641/- with UTR No. N049221840352309 dated 18.02.2022 & claim amount of cotton Crop of Rs.16,704/- with UTR No. N049221840352310 dated 18.02.2022. Thus, the claim has already been settled as per set norms. It is averred that the complainant has not suffered any mental harassment and financial loss etc. Therefore, it is averred that no claim is payable and the complainant is not entitled to get any remaining claim amount. Accordingly, dismissal of complaint has been sought by the OP no.2.
4.           In the evidence, the complainant has tendered affidavit Ex. CW-1/A and documents Ex. C-1 to Ex. C-8 and closed the evidence on 13.03.2023.

Counsel for the OP no.2 made a statement on 13.12.2023 that written statement filed be read in my evidence and closed the evidence.

                   On the other hand, the OP no.1 tendered into evidence affidavit Ex. RW-1/A and document Ex. R-1 and closed the evidence on 31.01.2024.

5.                We have heard the arguments of learned counsel for both the parties and have gone through the entire evidence placed on record by the parties very carefully and minutely.

        During the course of arguments, the learned counsel of complainant reiterated the contents of complaint filed by the complainant and the learned counsel for the OPs reiterated the contents of their written statement and drawn the attention of this Commission towards the documents so placed on record by the parties.

6.           We have observed that the complainant by filing his affidavit (Ex.CW-1/A), has corroborated the contents of her complaint as true and correct and drawn the attention of this Commission towards document (Ex. C-1) which is jamabandi for the year 2019-2020 wherein the name of complainant Ratan Singh S/o Bhagwan Singh is mentioned.

6.        In order to prove the contents of complaint that the complainant suffered losses of Bajra & cotton crop, the learned counsel for complainant has placed on record Assessment Report (Ex. C-5) duly issued by the Block Agriculture Officer, Dadri wherein Sample survey  report  of Crop loss due to inundation during Kharif 2021 of Pradhan Mantri Fasal Beema Yojna, wherein it was certified by the team of the Block Agriculture Officer, Dadri that on village Bhagvi it was certified that in cotton crop spoilage was to the extent of 80% and in Bajra crop spoilage was to the extent of 70% for kharif crop in 2021.

7.         On perusal of above documents, it stands established that the complainant suffered 80% losses of cotton crop of 0.29 hectare land & 70% losses of Bajra Crop of 0.41 hectare land, which was insured by the OP no.2 under Pardhan Mantri Fasal Bima Yojana for Rs. 24,830.38/- & Rs.17,019.92 and the same was destroyed due to calamity/Inundation. Now we are to decide whether the complainant is entitled for any compensation from the OP no.2 and how much?

8.             The counsel for OP no.1 has placed on record affidavit (Ex. RW-1/A) whereby Lokesh Sharma, branch Manger, CBI, Bhagvi on behalf of OP no.1, who deposed on oath that a sum of Rs. 25345/- was received  from the insurance company and the same was credited in the account of complainant. He has placed on record statement of account Ex.R1, the insurance company has already paid the claim amount of Rs. 5,510/- with UTR No.N032221815149605 on 01.02.2022, Rs. 11,919/- with UTR No. N035221820301114 on 04.02.2022, Rs.3131/- with UTR No.N049221840352309 on 18.02.2022 and Rs.4785/- with UTR No.N049221840352310 on 18.02.2022 to the claimant-complainant. Besides this the complainant has submitted that the OP no.2 did not pay the proper claim amount to the complainant as 0.41 hectare Bajra crop of complainant was insured for Rs. 17,019.92/- &0.29 hectare cotton crop of  complainant was insured for Rs.24830.38 and (Ex.C5) Sample survey  report  of Crop loss due to inundation during Kharif 2021 of Pradhan Mantri Fasal Beema Yojna, it was certified by the team of the Block Agriculture Officer, Dadri that on village Bhagvi it was certified that in cotton crop spoilage was to the extent of 80% and in Bajra crop spoilage was to the extent of 70% for kharif crop in 2021.

                   The disbursal of less payment of claim by the OP no.2 makes clear the fact that the claim of complainant was genuine and hence, the OP no.2 disbursed some amount into the account of complainant. After calculation compensation @ 80% loss of cotton crop 0.29 hectare land approximately comes to Rs. 19,864.30/- and @ 70% loss of Bajra crop 0.41 hectare land approximately comes to Rs. 11,913.94.

9.                In view of aforesaid discussion, findings and observations, we are of the considered view that as the OP no.2 failed to give the adequate claim to the complainant and by disbursing less payment of claim of Cotton crop amounting to Rs.16,704/- instead of  Rs.19864.30/- and by disbursing the less payment of claim of Bajra Crop amounting to Rs. 8641/-to the complainant instead of Rs. 11,913.94/-, the OP no.2 has committed negligence and deficiency in service on their part and due to this reason, the complainant had to suffer mental agony, harassment as well financial losses at the hands of OP no.2. Hence the complaint is allowed.

10         We, therefore, direct the OP no.2 to pay a sum of Rs. 3160/-to the complainant as compensation on account of 80% loss of 0.29 hectare insured cotton crop (which was insured for Rs. 24830.38/-) & to pay a sum of Rs. 3272/-to the complainant as compensation on account of 70% loss of 0.41 hectare insured Bajra crop (which was insured for Rs. 17,019.92/-). It is made clear that the above ordered awarded amount shall be paid by the OP no.2 to the complainant along with an interest @ 9% p.a. from the date of filing of the present complaint i.e. 27.05.2022 till realization of final payment.

11.         The OP no.2 is also directed to pay a sum of Rs. 500/- (Rupees Five Hundred Only) on account of mental agony, harassment etc. and Rs. 500/- (Rupees Five Hundred Only) as litigation expenses to the complainant.

12.       The above order be complied within 45 days from the date of receiving the copy of this order failing which further interest @12% will be paid by the OP no.2 for the delayed period.

13.              Certified copies of order be supplied to the parties free of costs.

14.              File be consigned after due compliance.