BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 495 of 2019.
Date of Institution : 16.08.2019.
Date of Decision : 27.09.2023.
Ram Sawroop, aged about 56 years son of Sh. Raja Ram, resident of villageMattuwala, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
1. Oriental Insurance Company Limited, having its branch office near Market Committee office at Sirsa, through its authorized signatory/ Incharge.
2. Sarv Haryana Gramin Bank Rania, District Sirsa, through its Branch Manager and Principal Officer.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT. SUKHDEEP KAUR……………………MEMBER.
SH. OM PARKASH TUTEJA……………….MEMBER
Present: Sh. Vishav Kant, Advocate for complainant.
Sh. A.S. Kalra, Advocate for opposite party No.1.
Sh. M.S. Sethi, Advocate for opposite party no.2.
ORDER
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986 (after amendment u/s 35 of C.P. Act, 2019) against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant that he is an agriculturist and is owner in possession as co-sharer in the agricultural land comprised in khewat nos. 246, 560, 561, 562, 565 situated in village Mattuwala, Tehsil Rania, District Sirsa. The complainant is owner in possession of land measuring about seven acres as per his share. That complainant his having his loan account i.e. KCC account no. 81688800018510 with op no.2 and had taken agriculture loan from op no.2 bank after mortgaging his above said land alongwith other co-sharers. It is further averred that on 31.07.2018 premium amount of Rs.3991.68 was deducted from the account of complainant by op no.2 bank for insurance of his cotton crop of kharif, 2018 with op no.2 as per Prime Minister Fasal Beema Yojna and said amount was transferred to op no.1. That cotton crop of complainant was totally damaged due to natural reason and as such complainant could not get any amount from the cotton crop sown in his land. The complainant has suffered loss of about Rs.60,000/- in one acre of land and as such he has suffered total loss of crops to the tune of Rs.4,25,000/- and complainant is entitled to said amount from op no.1. It is further submitted that a survey was conducted by the Government officials as well as officials of op no.1 company and damages to the crops were assessed by them and other co-sharers have been paid amount of compensation but complainant has not been paid any amount in this regard. That despite several requests of complainant and despite his written applications the ops have now totally refused to admit the claim of complainant and have caused harassment and deficiency in service towards the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that answering op was/is not insurer of the alleged crop of complainant. The insurance company did not receive any premium either from bank or from complainant against the land of complainant situated in village Mattuwala, so question for payment by answering op against this very bank account referred and mentioned by complainant for the alleged loss/ damages to the crop does not arise. It is further submitted that on the portal there is no entry of coverage against the account number of complainant. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.2 also filed written statement raising certain preliminary objections. It is submitted that since the premium amount for insurance of cotton crop of kharif, 2018 of complainant was paid to op no.1 insurance company and op no.1 has not raised any objection as per clause 19 (XXII) of Haryana Govt. notification dated 30.03.2018 and has accepted the premium, therefore, op no.1 insurance company is liable to pay compensation, if any to the complainant for the loss of his cotton crop and prayer for dismissal of complaint qua op no.2 made.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents Ex.C1 to Ex.C5.
6. On the other hand, op no.1 has tendered affidavit of Ms. Puja, Incharge Legal Hub as Ex.R1 and documents Ex.R2 and Ex.R3. Op no.2 has tendered affidavit of Sh. Naveen Kumar, Branch Manager as Ex.R4 and documents Ex.R5 and Ex.R6.
7. We have heard learned counsel for the parties and have gone through the case file.
8. The complainant has claimed insurance claim amount for the damage of his cotton crop of kharif, 2018 but he has failed to prove on record any loss to his cotton crop of kharif, 2018. The complainant has not placed on file any report of agriculture department to prove loss to his cotton crop of kharif, 2018. He has also not placed on file any average yield of cotton crop of village Mattuwala, threshold yield of block Mattuwala and he has also not proved on record that what was the sum insured amount of cotton crop in kharif, 2018. Though complainant has placed on file statement of account of his brother Ramesh to prove that he has received insurance claim amount of Rs.1,07,77.03 for the damage of his cotton crop of kharif, 2018 in village Mattuwala, but it is not clear that as to how much of land said Ramesh has received the said amount and on what basis and what rates he has received amount of compensation. So without any authentic evidence regarding average yield of village Mattuwala, threshold yield of block of village Mattuwala, sum insured of cotton crop as well as in absence of criteria adopted for settlement of claim of his brother Ramesh no amount of loss of complainant can be assessed and as such complainant is not entitled to any insurance claim from any of the ops and complaint deserves dismissal.
9. In view of our above discussion, we do not find any merit in the present complaint and same is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 27.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
