Haryana

Charkhi Dadri

CC/98/2022

Surajbhan - Complainant(s)

Versus

Manager, Punjab National Bank - Opp.Party(s)

Sh. Rohtash Banshi

13 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHARKHI DADRI

 

Consumer Complaint No.      98 of 2022

                                                Date of Institution:                 11.04.2022

                                                Date of Decision   :                 13.11.2024

 

Surajbhan son of Dariya Singh, resident of village Arya Nagar & Biswedar of mauja Govindpura, Tehsil Badhra, District Charkhi Dadri.

                                                                                      ... Complainant.

                                                Versus

 

1. Manager, Punjab National Bank, Badhra, Tehsil Badhra, District Charkhi Dadri.
2. Bajaj Allianz General Insurance Company Limited, Bajaj Allianz House, Airport Road, Yerawada, Pune-411006 through its Authorized signatory/MD.

 

                                                                             ...Opposite parties.

 

COMPLAINT UNDER THE CONSUMER PROTECTION ACT

 

BEFORE:

          HON’BLE MR. MANJIT SINGH NARYAL, PRESIDENT

          HON’BLE MR. DHARAM PAL RAUHILLA, MEMBER

 

Present:      Sh. Rohtash Banshi, counsel for the complainant.

                    Sh. Pawan Kumar Bansal, counsel for opposite party no. 1.

                   Sh. Rajender Verma, counsel for opposite party no. 2.

                            

ORDER:

                   The facts of the complaint are that the complainant Shri Surajbhan alleging deficiency in service on the part of opposite parties, had filed this complaint with the averments that the complainant is a farmer by profession and farming is the only way to survive and source of income of his family. It is further submitted that the complainant has saving account No. 1219000100587361 with opposite party no. 1. It is further submitted that the opposite party no. 2 provided insurance cover for the crop of the complainant under the Pardhan Mantri Fasal Bima Yojna for the Rabi Crop of year 2019 through opposite party no.1. It is further submitted that the Rabi crop of the complainant was destroyed because of hailstorm, due to which complainant faced financial loss. It is further submitted that the complainant submitted his claim form and all other requisite documents to get claim for the loss of his crop to the authorized officials of opposite parties. It is further submitted that the opposite parties did not provide compensation for the destroyed crop even after visiting many times. It is prayed that the opposite parties be directed to make payment of the insurance claim amount for the crop of the complainant to the tune of Rs.61,831/- and to pay a sum of Rs.30,000/- on account of harassment, mental agony and Rs.30,000/- as litigation expenses.

2.                The opposite party no. 1 has contested the complaint and filed written statement and contended that as per the complaint, the complainant has neither obtained any Kisan Credit Card in the year 2019 nor had got debited any premium amount in his account as such the question of insurance of Rabi 2019 does not arise. The answering OP is to debit amount of premium at the request of the insured in his account and to remit the same to the insurance company and further to credit the amount of claim, if any received from the insurance company in the account of the insured. In this case the complainant having not got his crop insured for Rabi 2019 and even the KCC was obtained in the year 2020. Hence, there is no deficiency in service on the part of OP no.1 and requested that the complainant is not entitled for any relief and prayed for dismissal of the complaint.

3.                The OP no. 2 in written statement has submitted that the policy bearing number OG-20-1207-5016-00005762 was issued for Mustard crop by the answering respondent under the operational guidelines of Pradhan Mantri Fasal Bima Yojana. It is further submitted that complainant has not come with clean hands and have suppressed the true and material facts. There was intimation received for Mustard crop and so survey was conducted but claim is not paid due to IU mismatch There was no shortfall in the yield IU Govindpura (49) in the season Rabi-2019 so no claims were paid. It is also contended that opposite party no. 2 is not liable to pay any relief to the complainant and prayed for dismissal of complaint.

4.                The parties in support of their respective averments tendered in documentary evidence their respective affidavits and adduced certain documents. Reference of relevant record shall be given in this order. 

5.                 We have heard both the counsel for parties and gone through the case file thoroughly and after hearing the rival contentions of the parties, we are of the convinced view that the present complaint has merits and the same deserves acceptance, for the reasons mentioned hereinafter.

6.             After hearing the learned counsels for the parties and having gone through the material available on the records, we are of the considered view that the complaint in hand deserves acceptance, as there is deficiency in service on the part of the OP-2.  The complainant has fully proved his case by placing on record certain documents. Moreover, from Ex. C3, it is clear that the complainant Suraj Bhan son of Shri Daiya Singh had sown 1.606 hectare Mustard crop, which was duly insured by the OP no.2 for Rs. 61831/- after getting premium of Govt. share Rs. 5318/-  and farmer share as Rs. 927/- vide policy No.0402061900401618334. In order to prove the contents of complaint that the complainant suffered losses of Mustard crop, the learned counsel for complainant has placed on record report of Tehsildar, Badhra dated 23.10.2024 regarding getting a special girdawari done in the Rabi 2019 crop for the damage caused to the crops due to hailstorm, it was certified that in crops of Mustard damage was estimated more than 76% and less than 100% average of which work out to 88% for Rabi crop in 2019.

 

7.              On perusal of documents placed on record, it stands established that the complainant suffered 88% losses of Rabi crop of 1.606 hectare land, which was insured by the OP no.2 under Pardhan Mantri Fasal Bima Yojana for Rs. 61831/- and the same was destroyed due to hailstorm. The amount of 88% of the sum insured amount to Rs. 61,831/- comes to Rs. 54,411/- for which claim was required to be compensated by the OP-2. However, OP no.2 denied the claim. Hence, OP no.2 is deficient in service.

8.                In view of aforesaid discussion and findings and documents placed on record and arguments advanced by the counsel, the complaint is partly allowed and OP no.2 is directed as under:-

1. To pay Rs.54,411/- towards crop insurance claim on account of 88% loss of  Mustard crop sown on 1.606 hectare land which was insured for Rs. 61,381/-  along with an interest @ 6% p.a. from the date of filing of the present complaint i.e. 11.04.2022 till realization of final payment.
2.  To pay a sum of Rs. 2000/- (Rupees Two Thousand Only) on account of mental agony, harassment etc. and
3. To pay a sum of Rs. 2000/- (Rupees Two Thousand Only) as litigation expenses to the complainant.

        The  above order be complied within 45 days from the date of receipt of certified copy, failing which the said amount shall also attract interest @9% p.a. from the defaulted period till its actual realization.

 

9.                If the order of this Commission is not complied with, then the complainant shall be entitled to file execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the defaulting party will be liable for prosecution under Section 72 of the said Act which provides punishment of imprisonment for a term which shall not 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 Rs. one lac or with both. Copies of this order be sent to the parties free of costs as per rules and this order be promptly uploaded on the website of this Commission. File be consigned to the record room after due compliance.