BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 99 of 2020.
Date of Institution : 17.02.2020.
Date of Decision : 28.03.2024.
Krishan Lal now deceased through his legal heirs :-
1. Kamla (widow), 2. Saroj Bala, 3. Gomati daughters of Krishan Lal, 4. Krishna widow and 5. Harsh son of Surjeet son of Krishan Lal, all residents of village Kheowala, District Sirsa, Haryana.
……Complainants.
Versus.
1. Oriental Insurance Company Janta Bhawan Road, Near Anaj Mandi, Sirsa, Tehsil and District Sirsa through its Manager/ proprietor.
2. State Bank of India, Odhan Branch, Tehsil Kalanwali, District Sirsa, through its Branch Manager.
3. Deputy Director of Agriculture Department, Sirsa (Haryana).
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT.SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. Mukesh Kumar, Advocate for complainants.
Sh. Rakesh Bajaj, Advocate for opposite party No.1.
Sh. S.L. Sachdeva, Advocate for opposite party no.2.
Sh. Satish Kumar, Statistical Assistant for opposite party no.3.
ORDER
Initially the complainant Krishan Lal has filed the present complaint under Section 12 of Consumer Protection Act, 1986 against the opposite parties (hereinafter referred to as Ops) and after his death his above said legal heirs have been impleaded on his behalf.
2. In brief, the case of original complainant is that he is owner of agricultural land measuring 33 kanals 06 marlas comprised in Khewat No. 85, Khatuni No. 105 as per jamabandi for the year 2012-2013 situated in village Kheowali, District Sirswa. He is having his bank account number 350009996384 with op no.2. That complainant had sown kharif crop of 2017 and 2018 in his above said land and as per insurance scheme, the op no.1 insured the said crops of complainant after receiving premium amounts of Rs.2304.60 and Rs.2404.80 through op no.2 bank. It is further averred that cotton crop of complainant of above said seasons was completely destroyed and as such complainant is entitled to insurance claim amount of Rs. 1,44,520/- at the rate of Rs.17,360/- per acre as per assurance of op no.1 but none of the ops have paid any claim amount despite his several requests and visits and as such ops have caused unnecessary harassment and deficiency in service to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that as regard insurance of Kharif 2018 crop grown by complainant in his field, it is submitted that as per the record of answering op, the area of village Nuhianwali belonging to the present complainant was uploaded on the portal and a sum of Rs.2340.60 and Rs.2404.80 were remitted to the answering op as insurance premium for the crop of village Nuhianwali and not of village Kheowali. Therefore, there was/is no privity of insurance contract between the complainant and answering op and due to above said mistake, the concerned bank is liable to pay the compensation to the complainant as per operational guidelines of PMFBY. With these averments, dismissal of complaint qua op no.1 prayed for.
4. Op no.2 also filed written version raising certain preliminary objections. It is submitted that it is the liability of op no.1 to indemnify the loss of the complainant, if any because the crops of complainant have been insured with op no.1 and op no.1 has charged insurance premium on account of insurance of the crops of complainant and op no.2 has not charged any penny on account of any insurance of crops of the complainant. It is further submitted that it is the duty of op no.1 to verify the contents of the insurance of complainant uploaded by answering op and if any discrepancy is found, the op no.1 may reject the proposal within two months from the date of its receipt. The op no.1 has failed to report any discrepancy nor has refunded the amount of premium received by it. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.2 made.
5. Op no.3 also filed written statement taking certain preliminary objections. It is submitted that only crop cutting experience report or report of survey of loss of crop is to be prepared by op no.3 and all other risks of coverage were to be finalized by the insurance company and there is no role of op no.3 in this regard. The yield basis claims are settled by insurance company only on completion of other necessary formalities as prescribed in operational guidelines of scheme which have already been given by op no.3 within specific time period and prayer for dismissal of complaint qua op no.3 made.
6. The complainant in evidence has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C8.
7. On the other hand, OP no.1 has tendered affidavit of Ms. Puja Tapwal, Incharge as Ex.RW1/A and operational guidelines of PMFBY Ex.RW2/2. Op no.2 has tendered affidavit of Ms. Ramandeep Kaur, Branch Manager as Ex.R1, statement of account Ex.R2 and loan application Ex.R3. Op no.3 has tendered affidavit of Sh. Babu Lal, Deputy Director of Agriculture, Sirsa as Ex.R1 and documents Ex.R2 to Ex.R5.
8. We have heard learned counsel for the parties as well as Sh. Satish Kumar, SA for op no.3 and have gone through the case file.
9. The complainant in order to prove loss to his cotton crop of Kharif, 2017 and 2018 has placed on file letter/ report of Deputy Director of Agriculture department, Sirsa as Ex.C7 and Ex.C8. According to report Ex.C7, the average yield of cotton crop of Kharif, 2017 in village Khoewali was 347.46 Kgs. per hectare and threshold yield of block Odhan was 639.18 Kgs. per hectare. Further as per report Ex.C8, the average yield of cotton crop of Kharif, 2018 in village Kheowali was 242.39 Kgs. per hectare and threshold yield of block Odhan was 602.64 Kgs. per hectare and as the average yield of village Kheowali of both the years 2017 and 2018 was less than threshold yield of block, therefore, it is proved on record that as per operational guidelines of PMFBY, there was also loss to the cotton crop of complainant in Kharif, 2017 and Kharif, 2018. The sum insured amount of cotton crop in 2017 was Rs.69,000/- per hectare and sum insured amount of cotton crop in 2018 was Rs.72,000/- per hectare and as per formula given in the operational guidelines of PMFBY, the complainant is entitled to insurance claim amount of Rs.52,590/- for the loss of his cotton crop of Kharif, 2017 and amount of Rs.71,880/- for the loss of his cotton crop of Kharif, 2018. The op no.1 insurance company has asserted that as per record of op no.1, the area of village Nuhianwali in Kharif, 2018 belonging to present complainant was uploaded on the portal by op no.2 bank and as such op no.2 wrongly uploaded the village name of the land of complainant on portal. The op no.2 bank has not denied the said mistake and has not proved on record through any cogent and convincing evidence that no such mistake was committed on behalf of op no.2 bank. Further more, the op no.2 bank has also failed to prove that data regarding Kharif crop of 2017 was uploaded on the portal and as such due to non uploading of data on portal, the complainant also did not receive any claim amount for the loss of his Kharif crop of 2017 and as such there is deficiency in service on the part of op no.2 bank. Therefore, complainant is entitled to above said insurance claim amounts from op no.2 bank because as per clause 17.2 of the operational guidelines of PMFBY in case 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. Since original complainant Krishan Lal has already expired, therefore, his above said all legal heirs are entitled to above said insurance claim amounts from op no.2 bank.
10. In view of our above discussion, we allow the present complaint qua op no.2 bank and direct the op no.2 to pay above said claim amounts of Rs.52,590/- and Rs.71,880/- to the complainants within a period of 45 days from the date of receipt of copy of this order, failing which complainants will be entitled to receive above said amounts from op no.2 alongwith interest at the rate of @6% per annum from the date of this order till actual realization. We also direct the op no.2 to further pay a sum of Rs.10,000/- as compensation for harassment and Rs.5000/- as litigation expenses to the complainants within above said stipulated period. All the legal heirs are entitled to above said amounts in equal shares and the share of minor shall be used by his mother for his upbringing and study etc. However, complaint qua ops no.1 and 3 stands dismissed. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced: Member President
Dt. 28.03.2024. District Consumer Disputes
Redressal Commission, Sirsa.
