BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 282 of 2019
Date of Institution : 24.05.2019.
Date of Decision : 26.05.2022.
Subhash Chander, aged 50 years son of Shri Chet Ram, resident of village Bijjuwali, Tehsil and District Sirsa.
……Complainant.
Versus.
1. Punjab National Bank, Village Goriwala Branch, Tehsil Dabwali, District Sirsa, through its Branch Manager.
2. Oriental Insurance Company Ltd., through its Divisional Manager at Hisar.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
BEFORE: SH. PADAM SINGH THAKUR…………PRESIDENT `
MRS. SUKHDEEP KAUR……………….…MEMBER.
SH. SUNIL MOHAN TRIKHA…………MEMBER
Present: Sh. Vishnu Bhagwan, Advocate for complainant.
Sh. R.K. Chaudhary, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
ORDER
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986 (now after amendment under Section 35 of Consumer Protection Act, 2019) against the opposite parties (hereinafter referred as Ops).
2. In brief, the case of complainant is that she is owner in possession of agricultural land measuring 19 kanal 18 marlas comprised in Khewat No. 43 Khatuni No. 51, Sq. No.34, Killa No. 21 (7-12), 22(8-0), 23(4-6) situated in village Bijjuwali, Tehsil and District Sirsa as per jamabandi for the year 2012-2013. On 24.6.2013, complainant availed crop loan facility of Rs.1,90,000/- under kisan credit card from op no.1 by mortgaging his above said land in favour of op no.1. That Government of India launched a scheme namely Pardhan Mantri Fasal Bima Yojna for the financial security of the farmers and insurance of crops of loanee farmers is necessary as per above said scheme and as per Haryana Government Notification dated 13.6.2017 and 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 remit the same to insurance company. The last cut of date of debit of premium in Kharif season is 31st July and in Rabi Season, it is 31st December. The complainant sowed cotton crop in Kharif, 2017 season in above said 19 kanal 18 marlas land which was damaged due to attack of white fly and other insured farmers have already received insurance claim of Kharif, 2017 season at the rate of Rs.23,500/- per acre but the complainant did not receive any claim amount in this regard. Upon inquiry, the officials of op no.1 bank told him that bank had deducted a sum of Rs.1338.60 on 27.7.2017 as insurance premium for insurance of his crop of Kharif, 2017 but thereafter, on 17.8.2017 this amount was remitted back in his account. The complainant was highly surprised and shocked to know about this because at no point of time he asked the op no.1 bank to reverse the premium amount in his account and never requested op no.1 not to deduct the amount of premium from his loan account. It is further averred that in this manner, op no.1 has failed to discharge its lawful duty, as a result of which complainant could not get insurance claim from insurance company. The complainant is entitled to an amount of Rs.58,603/- for loss of his crop of Kharif, 2017 from ops alongwith interest and ops have committed gross deficiency in service towards the complainant. Hence, this complaint.
3. Ops were served. Op no.1 filed reply submitting therein that as per Prime Minister Fasal Bima Yojna, the bank has debited the amount of Rs.1338.60 on 27.7.2017 from the account of complainant and same was to be credited to the account of op no.2 as premium of the insurance. The complainant had declared in his required proposal application that he had sown the crop of Gawar in his land and as such the amount of premium was remitted back in his account because the Gawar crop was not covered under the insurance scheme. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.2 filed written statement raising certain preliminary objections regarding non maintainability of complaint on the ground of privity of contract, no intimation, no cause of action, estoppal etc. It is submitted that answering op is not insurer of the alleged crop and no insurance premium has ever been remitted in the account of insurance company or uploaded on the portal with detailed particulars regarding land, crop, village, block, loanee etc. or supplied to answering op at any point of time for getting the insurance coverage either by farmer/ complainant at his own or through his banker. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
5. Complainant has tendered his affidavit Ex.CW1/A, affidavits of Smt. Tulsi Devi wife of Sh. Chet Ram, Smt. Krishna Devi wife of Sh. Subhash Chander, residents of village Bijjuwali as Ex.CW2/A and Ex.CW3/A, copy of pass book/ statement of account Ex.C1, copy of jamabandi for the year 2012-2013 Ex.C2, copies of khasra girdawaris Ex.C3, Ex.C4, copies of jamabandis for the year 2017-2018 Ex.C5 to Ex.C7, copy of pass book of Smt. Krishna Ex.C8, copy of pass book of Sajjan Godara Ex.C9 and copy of Haryana Govt. Agriculture & Farmer Welfare Department dated 13.6.2017 Ex.C10 and copy of pass book of Smt. Tulsi Devi Ex.C11.
6. On the other hand, op no.1 has tendered affidavit of Sh. Ram Krishan Shankar, Branch Manager as Ex.RW1/A, copy of proposal/ application by the farmer Ex.R1.
7. Op no.2 has tendered affidavit of Smt. Raj Rani, Divisional Manager as Ex.RW2/A and copy of operational guidelines of Pradhan Mantri Fasal Bima Yojana Ex.R2.
8. We have heard learned counsel for the parties and have perused the case file carefully.
9. The record reveals that complainant in order to prove his case has furnished his affidavit Ex.CW1/A in which he has reiterated all the averments made in the complaint. The complainant has also placed on file copy of statement of account Ex.C1, the perusal of which reveals that on 27.07.2017 premium amount of Rs.1338.60 was deducted by op no.1 bank for insuring the Kharif crop of 2017 of complainant and same also reveals that on 17.8.2017 i.e. just within twenty days, the premium amount of Rs.1338.60 deducted by op bank on 27.07.2017 from the account of complainant was remitted back in his account. In this regard, op no.1 bank has taken a specific stand that although the bank debited the above said amount of Rs.1338.60 on 27.7.2017 from the account of complainant for paying the same to insurance company op no.2 for insuring the crop of complainant of Kharif, 2017 but the complainant had declared in his proposal application that he had sown the crop of Gawar in his land, as such the amount of premium was remitted back in his account because the Gawar crop was not covered under the insurance scheme. The op no.1 bank has also placed on record proposal/ application of complainant dated 21.05.2017 Ex.R1 in which complainant has proposed that he will sow Gawar crop in his 2.5 acres of agricultural land and said application bears the signatures of complainant and as per Haryana Government Agriculture & Farmers Welfare Department dated 13.06.2017, the crop of Gawar is not covered under notified crops of Kharif, 2017. The complainant has not denied in his affidavit Ex.CW1/A that he did not give any proposal to the bank regarding sowing of Gawar crop or that said proposal Ex.R1 does not bear his signatures. Since complainant has proposed that he will sow Gawar crop and crop of Gawar is not to be insured as per above said notification and for this reason amount deducted from the account of complainant as premium was remitted back in his account, therefore, now complainant cannot claim insurance claim from ops for damage to alleged crop of cotton of Kharif, 2017 and complainant is estopped by his own act and conduct from filing the present complaint. Therefore, it cannot be said that op bank is at fault for not insuring the crop of complainant with op no.2. Since cotton crop of complainant of Kharif, 2017 was not insured with op no.2, so op no.2 is also not liable to pay any compensation to the complainant. So, complaint of the complainant deserves dismissal.
10. In view of our above discussion, there is no 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 free of costs. File be consigned to the record room.
Announced: Member Member President,
Dated:26.05.2022. District Consumer Disputes
Redressal Commission, Sirsa.
JK
