Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 598.
Instituted on : 06.12.2018.
Decided on : 22.03.2021.
Chand Singh age 69 years, s/o Sh. Sumer Singh r/o Village Ajaib, tehsil Meham, District Rohtak. .
.......................Complainant.
Vs.
- Oriental Bank of Commerce, Madina, Distt. Rohtak, through its Manager.
- Oriental Bank of Commerce(A Govt. of India undertaking) CMO Branch Business, HYN 97 Sonepat Road, Rohtak.
- Bajaj Allilanz, General Insurance Company Ltd., Chandigarh, Haryana through its Regional Manager-Agriculture Business.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
MS.TRIPTI PANNU, MEMBER.
Present: Mrs. B.K.Chillar, Advocate for the complainant.
Sh.Amit Dhaka, Advocate for the opposite party No.1 & 2.
Sh.Puneet chahal Advocate for opposite party No.3.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant is a holder of Kisan Credit Card having A/c No.00395111010674 in OBC Madina, District Rohtak and is in debt of Rs.2 lacs under the same branch. There is a scheme under Pradhan Mantri Fasal Bima Yojana(PMFBY) in which all kisans who have kisan credit card are eligible to insure their crops through bank. The complainant got insured his 3½ acres paddy crop at the rate of Rs.29000/- per acre through respondent no.1 and respondent no.1 has deducted the amount of Rs.1866.31/- as premium in July 2017 @ 2% assured amount. Unfortunately the paddy crops having in 1½ acre land has totally destroyed due to inundation, amounting to total crop loss in 1½ acre is Rs.29000 + 14500 = 43500/-. Complainant informed about his paddy crop loss to Block Agriculture Officer, Meham(Rohtak) on 04.08.2017 and the joint committee inspected the crop on 10.08.2017 and found that the paddy crop has destroyed 100% in 1½ acre due to inundation. The insurance company credited Rs.18934/- in the account of complainant on 16.05.2018 instead of Rs.43500/- whereas the crop was 100% destroyed and according to rules of the insured company and PMFBY, insured will get full amount of total loss. Complainant wrote an application to the Dy. Director of Bajaj Allianz on 11.06.2018 and also gave complaint at C.M.Window on 06.08.2018 but to no effect. The act of opposite parties of withholding the amount of Rs.24566/- is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to pay a sum of Rs.24566/- alongwith interest, compensation and litigation expenses to the complainant, as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 & 2 in their reply has submitted that para no.1 to 5 of the complaint are matter of record. It is further submitted that para no.6 of the complaint is correct to the extent that the respondent has credited Rs.18934/- in the complainant’s loan account on dated 16.05.2018. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint. Opposite party No.3 in its reply has submitted that policy no.OG-18-1207-5015-00029044 was issued by the answering opposite party under the operational guidelines of Pradhan Mantri Fasal Bima Yojana. Therefore, the said policy was governed and operational as per the terms and conditions provided under the said operational guidelines of Pradhan Mantri Fasal Bima Yojana. As per the petition alleged loss is the damage to the standing crops due to inundation and as per our record, farmer is not eligible for yield loss as there is no shortfall of yield in the notified IU[AJAIB(108)] for notified crop paddy, but has been compensated for his loss pertaining to localized claim due to inundation. The claim is under process and as per the formula the petitioner is entitled for the claim amount of Rs.18934/- which has already been paid. There is no shortfall of yield for the said crop and hence yield claim is not payable. On merits, it is submitted that it is denied that 1½ acre land has totally destroyed due to inundation; amounting to total crop loss in 1 ½ acre is Rs.29000 + 14500 = 43500/-. Moreover, there is 0 shortfall of yield for the said crop in the given IU as per the data provided by Govt. Hence claim is also not payable. The opposite party has already disbursed the genuine claim of the complainant of Rs.18934/-. There is no deficiency in service on the part of opposite party and dismissal of complaint has been sought.
3. Ld. Counsel for the complainant in his evidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C9 and closed his evidence on dated 16.10.2019. On the other hand, ld. Counsel for opposite party No.1 & 2 made a statement on dated 19.02.2020 that reply already filed on their behalf be also read in evidence. Ld. Counsel for the opposite party No.3 has tendered affidavit Ex.RW3/A, documents Ex.R3/1 to Ex.R3/6 and has closed his evidence on dated 26.08.2020.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, it is not disputed that the crop of the complainant was insured under Pradhan Mantri Fasal Bima Yojana and as per statement of account Ex.C1, an amount of Rs.1866/- was deducted as premium by the bank on dated 31.07.2017 on account of PMFBY Kharif 2017. As per the policy Ex.C3 insured amount per acre is Rs.29000/-. As per loss assessment report Ex.C4 issued by the loss assessor of the insurance company and Agriculture officer, Meham, Rohtak, there was 100% loss to the crop of the complainant in 0.6 hectare(1.5 acres). As such he is entitled for Rs.43500/- for 1.5 acres. But the opposite party has only paid the amount of Rs.18934/- to the complainant. As such opposite party is liable to pay the remaining amount to the complainant.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No. 3 to pay the remaining amount of Rs.24566/-(Rupees twenty four thousand five hundred and sixty six only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 06.12.2018 till its realization and also to pay a sum of Rs.5000/-(Rupees five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
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:
22.03.2021.
.....................................................
Nagender Singh Kadian, President
..........................................
Tripti Pannu, Member.
