BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

Complaint Case No.36 of 2019.

       Date of instt.:24.01.2019. 

                                                                            Date of Decision: 24.07.2019.

Lila Dhar, aged 58 years son of Shri Murli Dhar son of Shri Girdhari, resident of village Dhaban, Tehsil and District Sirsa, now at H.No. 251, HUDA, Sector 20,  Sirsa, Tehsil and District Sirsa.

                                                                             ……….Complainant.

                                                Versus

Oriental Bank of Commerce, Main Branch, Near City Thana Sirsa, Tehsil and District Sirsa, through its Branch Manager.

..……..Opposite Party.

COMPLAINT UNDER SECTION 12 OF CONSUMER PROTECTION  ACT, 1986.

Before:       SH.R.L.AHUJA…………………………PRESIDENT                              

                    SH.ISSAM SINGH SAGWAL …… MEMBER                                                 

                       MRS.SUKHDEEP KAUR………MEMBER.

Present:       Shri M.K. Singla, Advocate for the complainant.

                   Shri S.L. Sachdeva, Advocate for the opposite party.

ORDER

                   In brief, the case of the complainant is that complainant is owner in possession of land measuring 62 kanal 4 marlas comprising in Khewat No.43, Khatuni no.50 as per jamabandi for the year 2012-2013 of village Dhaban, Tehsil and District Sirsa and he availed a kissan credit card/ crop loan facility from the opposite party by mortgaging his 40 kanal land for Rs.2,00,000/-. The said loan account of complainant bears No.006851150000450. It is further averred that Govt. of India launched a scheme Pardhan Mantri Fasal Bima Yojna for the financial security of the farmers. The said scheme is necessary for the loanee farmers and as per scheme, it is the duty of the bankers of farmers to deduct the amount of premium of insurance from the account of the loanee farmer and to remit the same to the insurance company. It is further averred that complainant sowed cotton crop in the kharif 2017 in his aforesaid 40 kanal land. However, the yield from the said crop was quite below from the expected and standard yield. The threshold yield of the cotton crop for kharif 2017 was 631.44 Kgs./ hectare and average yield of village Dhaban remains 413.63 kgs/hectare. The insured farmers got the amount of insurance of their crop of kharif 2017. It is further averred that in Sirsa District for the cotton crop of kharif, 2017, sum insured as Rs.69,000/- per hectare. That the farmers of village Dhaban got their claim for crop insurance in the month of October, 2018 from the insurance company i.e. ICICI Lombard, but the complainant did not get the claim of crop insurance. Then the complainant sent an application on 5.12.2018 to the bank for the insurance claim and then also visited the bank and the officials of the bank told that the bank had not deducted the premium amount for crop insurance from the loan account of complainant, so he did not get any claim of insurance from the insurance company. It is further averred that op was legally bound to deduct the amount of crop insurance premium from the loan account of complainant and to remit the same to the insurance company. The op debited a sum of Rs.1836.26 on 30.12.2017 for PMFBY for Rabi 2018 and Rs.735/- on 30.7.2018 for Kharif 2018 but for Kharif 2017, the op has failed to discharge its lawful duty, as a result of which the complainant could not get the insurance claim from the insurance company. As such the complainant has suffered a net loss of Rs.48,161/-. The complainant is entitled to get the said amount from the op alongwith interest at the rate of 12% per annum from due date till its realization. That in this manner, the op has committed gross deficiency in service towards the complainant due to which the complainant has suffered harassment and financial loss and as such he is also entitled to compensation of Rs.50,000/- from op. Hence, this complaint.

2.                On notice, opposite party appeared and filed reply taking certain preliminary objections that complainant has failed to serve prior notice to op before filing the present complaint. Other preliminary objections regarding estoppal, maintainability, no cause of action, suppression of true and material facts, jurisdiction, no consumer dispute, time barred, non joinder of necessary parties and that complainant is not a consumer are also taken. On merits, while admitting the fact of launching of Fasal Bima Yojna by the Government of India and every loanee farmer is required to be covered under the scheme mandatory, it is submitted that as per Govt. of India guidelines the above said scheme emphasizes that Aadhar number is mandatory under the DBT scheme. The terms and conditions of this scheme had also been published in local newspapers as well as in media by the Govt. of India as well as by the banks. The complainant was asked time and again to submit his aadhar card to enable the op-bank up to 31.7.2017 to get his crops under insurance coverage but the complainant failed to supply the same well in time and he has supplied his aadhar card only on 8.11.2017 i.e. after the expiry date of cutoff date mentioned in the notification. Consequently, the crops of the complainant could not be insured. Remaining contents of the complaint are also denied and prayer for dismissal of complaint made.

3.                The parties then led their respective evidence.

4.                We have heard learned counsel for the parties and have perused the case file carefully.

5.                The complainant in order to prove his case has furnished his affidavit Ex.C1 wherein he has deposed and reiterated all the averments made in the complaint. The complainant has also tendered copy of application Ex.C2, copy of jamabandi for the year 2012-2013 Ex.C3, copy of khasra girdawari Ex.C4, copy of statement of account Ex.C5, copy of Annexure A regarding threshold yield Ex.C6, copy of Annexure-B regarding sum insured, premium and subsidy Ex.C7, copy of village wise tabulation sheet of sum insured and claim during kharif 2017 Ex.C8, copy of letter dated 31.1.2019 Ex.C9 and CM window action taken report Ex.C10 and copy of application Ex.C11, copy of letter Ex.C12, copy of farm C Ex.C13 and copy of postal receipt Ex.C14. On the other hand, op has tendered affidavit of Sh. Keshav Gupta, Chief Manager Ex.R1 in which he has deposed and reiterated the averments made in the written statement. The op has also produced copy of aadhar entries report Ex.R2.

6.                It is undisputed fact between the parties that complainant is holding KCC account with the opposite party against his land holding. The Government of India launched a scheme namely Pardhan Mantri Fasal Bima Yojna, which was launched for the financial security of the farmers and as per the provision of the scheme, it is duty of the bankers of the farmers to deduct amount of premium of insurance from the account of loanee farmers and to remit the same to the insurance company in order to get the crop of the farmers insured.

7.                As per allegations of the complainant, he had sown cotton crop in the kharif 2017 crop season in his 40 kanal land, however, the yield from the said crop was quite below from the expected and standard yield and as the op has failed to deduct the premium from his account and failed to remit the same to the insurance company, the complainant could not get insurance claim for the loss of his crop from the insurance company. The sum insured for the cotton crop of Kharif 2017 was Rs.69,000/- per hectare and complainant has claimed amount of insurance as Rs.48,161/-. There are further allegations of complainant that farmers of village of complainant namely Dhaban got their claim for crop insurance in the month of October, 2018 from the insurance company but the complainant did not get the claim of crop insurance. There are further allegations that op debited a sum of Rs.1836.26 on 30.12.2017 for PMFBY for Rabi 2018 and Rs.735/- on 30.7.2018 for Kharif 2018 but for Kharif 2017, the op bank has failed to discharge its lawful duty, as such the complainant could not get the insurance claim from the insurance company. On the other hand, there is specific plea of the opposite party that as per Govt. of India guidelines, the above said scheme emphasizes that aadhar number is mandatory under the DBT scheme and the terms and conditions of the scheme had also been published in local newspapers as well as in media by the Govt. of India as well as by the banks. The complainant was asked time and again to submit his aadhar card to enable the op bank up to 31.7.2017 to get his crops under insurance coverage but the complainant failed to supply the same well in time and he has supplied his aadhar card only on 8.11.2017 i.e. after the expiry date of cutoff date mentioned in the notification. Though op has taken this plea that they had been demanding time and again the aadhar card of complainant which was mandatory to get the crop insurance coverage from the insurance company on or before 31.7.2017 and due to non production of aadhar card by complainant, the op bank could not deduct the premium and remit the same to the insurance company, but perusal of evidence of op reveals that they have not placed on record any such document from which it could be presumed that prior to 31.7.2017 they ever made any demand of aadhar card which was necessary to deduct amount of premium from the account of complainant and to remit the same to insurance company in order to get insurance coverage of the crop of complainant.

8.                During the course of arguments, learned counsel for op has produced a copy of the letter issued by Director (Credit) of Govt. of India Ministry of Agriculture & Farmers Welfare Department of Agriculture & Farmers Welfare dated 24.7.2017 by which it was directed to the bankers that they must ensure to get aadhar number from the individual borrowers and upload the necessary details of individual insured farmers on crop insurance portal through available modules of CBS integrated online/ offline utility as requested vide this Departments letter as mentioned above. But learned counsel for op has conceded that they have not sent any written letter calling upon the complainant to produce aadhar card on or before 31.7.2017. Though complainant had submitted the aadhar card to the op on 8.11.2017 as per Ex.R2, but however, it is proved fact on record that op has not discharged its liability to call upon the complainant to submit his aadhar card and further op did not deduct and remit the amount of premium to the insurance company in order to get insurance coverage of his crop, which clearly amounts to deficiency in service on the part of op. 

9.                In view of above, we allow the present complaint and direct the opposite party to pay claim amount for the loss of crop to the complainant after verification from agriculture department/competent authority and at par with the other farmers of village Dhaban who get insurance claim from the insurance company for their loss of crop. The op is further directed to pay an amount of Rs.5000/- as compensation for harassment and Rs.2000/- as litigation expenses to the complainant. The op is liable to comply with this order within a period of 45 days from the date of receipt of copy of this order, failing which the complainant will be entitled to interest @7% per annum on the claim amount from the date of order till actual payment. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.                 

Pronounced in open Forum. Member         Member            President,

Dated:24.07.2019                                                          District Consumer Disputes

                                                                              Redressal Forum, Sirsa.