Haryana

Sirsa

CC/20/116

Sushil Kumar - Complainant(s)

Versus

OIC - Opp.Party(s)

Rakesh Kashnia

21 Mar 2024

ORDER

Heading1
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Complaint Case No. CC/20/116
( Date of Filing : 03 Mar 2020 )
 
1. Sushil Kumar
VPO Jhoranali Dist Sirsa
Sirsa
Haryana
...........Complainant(s)
Versus
1. OIC
Near Janta Bhawan Road Sirsa
Sirsa
Haryana
............Opp.Party(s)
 
BEFORE: 
  Padam Singh Thakur PRESIDENT
  Sukhdeep Kaur MEMBER
 
PRESENT:Rakesh Kashnia, Advocate for the Complainant 1
 KL Gagneja,SL S, Advocate for the Opp. Party 1
Dated : 21 Mar 2024
Final Order / Judgement


BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.      
Consumer Complaint no. 116 of 2020. Date of Institution :    03.03.2020.
Date of Decision :    20.03.2024.
Sushil Kumar aged 30 years son of Sh. Amar Singh, resident of village VPO Jhoranali,  District Sirsa Haryana. 
                      ……Complainant.
Versus.
1. Oriental Insurance Company Ltd., Janta Bhawan Road, Sirsa. 
2. The Oriental Ins. Co. Ltd. House A 25/27 Asaf Ali Road New Delhi 110002.
3. State Bank of India through its Manager ADB Branch Dabwali Road, Sirsa         Haryana.
...…Opposite parties.
            Complaint under Section 35 of the Consumer Protection Act, 2019 .
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT SMT. SUKHDEEP KAUR……………………MEMBER.
Present: Sh.  Rakesh Kashnia, Advocate for complainant.
Sh. K.L. Gagneja, Advocate for opposite party No.1 & 2.
Sh. S.L. Sachdeva, Advocate for opposite party no.3.
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 resident of village Jhoranali, District Sirsa and he is a farmer by profession having agricultural land ½ share in khewat No. 275, 44 Khatoni No. 388, 49 Killa 48, 49, 7/1, 7/2, 8, 9/2, 47/22, 47/20, 21, 50 and total land 32 kanal in the village Jhoranali, District Sirsa. He is having his KCC account with op no. 3 bearing account number 33606497679. That as per crop insurance scheme, the complainant got insured his paddy crop was insured with the premium of Rs.2381/- in his 1.61 hectare from the account of complainant on 30.07.2018 and assured that same will be paid to op no.1 for insurance of his kharif crop of 2018. Hence, this complaint for the compensation of lost caused to the paddy crop. 
3. On notice, ops appeared. Op no. 1 & 2 filed written statement taking certain preliminary objections. It is submitted that the entire data portal record uploaded by banker of complainant was checked by the insurance company and it has come into the notice of answering op that complainant is resident of village Jhoranali having land therein and the crop was insured with the OP No. 1 and 2 and no loss has been caused for reporting to the bank and prayer for dismissal of complaint made.  
4.      Op no. 3 also filed written statement taking certain preliminary objections and no loss reported to the company and prayed for dismissal of present complaint. 
5.    The complainant in evidence has furnished his affidavit Ex. CW-1/A and copies of documents i.e. Adhar Card Ex. C-1, Ex.C2 premium receipt issued by the Bank, Ex. C-3 Jamabandi, Ex C-4 copy of pass book of Bhim Singh who has received the claim for the loss of crop, Ex. C-5 copy of pass book of another farmer, Ex. C-6 statement of account of Sh. Amar Singh.
6.      On the other hand, ops no. 1 & 2 has furnished affidavit of Sh. Pooja Tapwal Incharge Legal Hub as Ex.R1, and OP No. 3 filed Ex. R-2 affidavit of Branch Manager.
7.     We have heard the counsels for the parties and gone through the case file. The complainant has not placed on record the copy of jamabandi that he has sown the paddy crop over his land. Moreover, he has also not placed on record the copy of loss caused to the paddy crop in the area in order to establish the threshold yield and the average yield of his crop to receive the claim of his damages. The assistant statistical officer of Agriculture Department present in the Court and got verified his office record that no loss to the paddy crop has been caused in the village of Jhoranali. 
08.        In view of our above discussion, the complaint is not maintainable as no loss has been caused and without any merit and same is hereby 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. 20.03.2024. District Consumer Disputes Redressal Commission, Sirsa.

 
 
[ Padam Singh Thakur]
PRESIDENT
 
 
[ Sukhdeep Kaur]
MEMBER
 

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