Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 364
Instituted on : 29.07.2019
Decided on : 24.08.2023
Ravinder Kumar s/o Sh. Puran Singh R/o VPO Kahni, Tehsil and District Rohtak.
………..Complainant.
Vs.
- Mr. Adib Anwar Manager of M/s ICICI Lombard General Insurance Company Ltd., Office at: Plot no.149, Fourth Floor, The statement, Industrial Area Phase-1, Near Hometel Hotel Chandigarh-160002.
- Dr. Rohtas Singh, H.A.S.1, Deputy Director Agriculture, Ground Floor, Krishi Kalyan Vibhag, At Near Jaat College, Rohtak, Haryana-124001.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR.VIJENDER SINGH, MEMBER
Present: Sh. Vikas Nain, Advocate for the complainant.
Sh. Naveen Chaudhary, Advocate for opposite party No.1.
Sh. Pardeep Kumar ADA for opposite party No.2.
ORDER
TRPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that he opened his bank account with Sarav Haryana Gramin Bank, VPO Jassia, District Rohtak and also got issued Kisan Credit Card no.80518800007050 and as per the Pardhan Mantri Fasal Bima Yojana, he purchased the insurance claim policy from the respondent no.1 through the above said bank for his 2 hectares(5 killas) and the above said bank has also deducted the insurance policy amount and the same has been received by respondent no.1. In the month of February 2016, because of heavy rain, all the crops destroyed due to water logging and complainant loss all his wheat crops and he informed the same to the respondents on 06.02.2016. On 25.02.2016 the respondents alongwith investigation committee had inspected the agriculture land and given the report that the 95% of the wheat crop has been damaged because of heavy rain. In the month of December 2018 the complainant made a written complaint to the respondent no.2 but nothing has been received by the complainant till date. Complainant visited the office of opposite parties various times and requested to pass the claim but till date they have not passed any claim. Complainant also sent a legal notice dated 15.05.2019 & 25.05.2019 but the same were not replied. As such, the act and conduct of the opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pass the claim amount of Rs.150000/- approx. in favour of the complainant and against the respondents alongwith interest @ 24% p.a. on account of damage of crop, to pay Rs.100000/- as compensation on account of mental agony and harassment and Rs.25,000/- as litigation expenses to the complainant.
2. After registration of complaint, notices were issued to the opposite parties. Opposite party No.1 in its reply has submitted that till date complainant has not provided any documentary proof regarding his land and loss of the crop. The complainant has not even mentioned the date of loss and date of intimation to the answering respondent. The complainant has till date not submitted any survey or loss report, documents pertaining to ownership of land and any survey report disclosing the loss. It is wrong and denied that the crops are fully insured and covered in all respect. It is further submitted that any loss intimated after 48 hours cannot be entertained as per insurance policy terms and conditions of scheme of PMFBY in which the captioned KCC is covered. There is no deficiency in service on the part of opposite party no.1 and dismissal of complaint has been sought.
3. Opposite party No.2 in its reply has submitted that the complainant Sh. Ravinder Kumar s/o Sh. Puran Singh VPO Kahni has been paid an amount of Rs.35391/- as compensation for his crop loss. The amount has been paid by the insurance company ICICI Lombard in the account no.80513171160 through NEFT CMS No.CMS1158957464 dated 27.06.2019.
4. Complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.CW1/1 to Ex.CW1/10 and closed his evidence on dated 16.09.2021. Ld. counsel for the opposite party No.1 failed to adduce any evidence despite availing several opportunities and evidence of opposite party No.1 was closed by the order dated 01.06.2022 of this Commission. Sh.Deepak Kumar SA on behalf of opposite party No.2 has tendered affidavit Ex.RW2/A, and closed his evidence on 06.01.2022.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case complainant has sought compensation on account of loss of wheat crop in 2 hectare of land due to heavy rain. To prove the same he has placed on record inspection report Ex.CW1/3, as per which there is 95% loss to the 2 acre land of the complainant. On the other hand, opposite party No.2 in its reply and affidavit has submitted that the complainant Sh. Ravinder Kumar s/o Sh. Puran Singh VPO Kahni has been paid an amount of Rs.35391/- as compensation for his crop loss. The amount has been paid by the insurance company ICICI Lombard in the account no.80513171160 through NEFT CMS No.CMS1158957464 dated 27.06.2019. This fact has been admitted by the complainant in his affidavit Ex.CW1/A. In this affidavit complainant has sought remaining compensation. As per inspection report, complainant has suffered loss in 2 acres of land but the complainant has not placed on record any document to prove that he suffered loss in 2 hectare of land. The opposite party No.2 has already paid the amount of Rs.35391/- to the complainant and as per our opinion opposite party has paid the sufficient compensation for 2 acres of land. Hence there is no deficiency in service on the part of opposite parties. As such present complaint stands dismissed with no order as to costs.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
24.08.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
……………………………….
Vijender Singh, Member.
