BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 280 of 2020.
Date of Institution : 18.11.2020.
Date of Decision : 19.07.2024.
Surjeet aged about 46 years son of Sh. Badri Ram, resident of village Bacher, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
1. Punjab National Bank village Bani, District Sirsa through its Manager.
2. Oriental Insurance Company Opposite Janta Bhawan Sirsa through its Manager being Insurer of the complainant.
3. Oriental Insurance Company Ltd. LIC Building (2nd Floor) Jagadhri Road, Ambala Cantt., Haryana – 133001 through its Regional Officer of the Haryana Region.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. N.S. Yadav, Advocate for complainant.
Sh. M.S. Sethi, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite parties no.2 and 3.
ORDER
The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant is that he is having agricultural land in the revenue estate of village Bacher, Tehsil Rania, District Sirsa which has been mortgaged with op no.1 under Kisan Credit Card scheme of the Government and he is having his account with op no.1. That as per crop insurance scheme of the Government, complainant paid premium amount of Rs.3860.70 on 30.07.2018 from his account to ops no.2 and 3 for insurance of his Kharif crop of 2018 and as such his crop was got insured with ops no.2 and 3. That in April, 2019 farmers of adjoining villages were given claim for the loss/ damage of their crop at the rate of Rs.18,000/- to Rs.20,000/- per acre in their respective accounts. It is further averred that average outcome of the crop of the area was almost same and which was below average but complainant was not paid any claim for the loss of his crop by any of the ops despite his best efforts. That his co-villager in the month of October, 2020 sought information under RTI from Deputy Director of Agriculture, Sirsa whose reply reflected that average outcome of the crop of village Bacher was sufficient for getting insurance claim but the ops have caused unnecessary harassment and deficiency in service by not paying any claim to him. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that after receiving claim of insurance from ops no.2 and 3, an amount of Rs.21,866.18 has been credited on 15.01.2019 and Rs.89,323/- on 30.01.2019 in the account of complainant. Moreover, matter of compensation of insurance is between complainant and ops no.2 and 3. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Ops no.2 and 3 also filed written statement raising certain preliminary objections. It is submitted that complaint is liable to be dismissed as there is no loss to cotton crop of kharif, 2018 belonging to complainant in village Bacher uploaded by op no.1 as no loss of cotton crop has been reported by the agriculture department, State Govt. or by the bank during the coverage period of insurance from answering op. It is further submitted that if op bank has uploaded the wrong crop, village in that eventuality, it is the dispute in between complainant and bank and answering op cannot be held liable for the wrong committed by the bank and this wrong has never been corrected by the bank or farmers within the stipulated period on the portal. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
5. The parties then led their respective evidence.
6. We have heard learned counsel for the parties and have gone through the case file.
7. From the statement of account of complainant Ex.R1, it is evident that complainant has already been paid claim amount of Rs.21,886.18 on 15.01.2019 and Rs.89,323.91 on 30.01.2019. The complainant has not mentioned in his complaint that he is having how much of agricultural land. In the report Ex.C4 of agriculture department it is mentioned that average yield of cotton crop of Kharif, 2018 in village Bacher was 929.90 Kgs. per hectare and there is nothing on file to prove any loss to the cotton crop of Kharif, 2018 in village Bacher as no threshold yield of block has been placed on record by complainant. Since the average yield of village Bacher was 929.90 Kgs. per hectare, it cannot be said at all that there was total loss to the cotton crop of complainant in Kharif, 2018. There may be some loss of crop for which he has already been paid above said claim amount, therefore, he is not entitled to any other claim amount from any of the ops as firstly complainant has failed to prove exact loss to his cotton crop of Kharif, 2018 and secondly he has already received above said claim amount for loss, if any. So, we are of the opinion that complainant is not entitled to any other claim amount from any of the ops.
8. 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 President
Dt. 19.07.2024. District Consumer Disputes
Redressal Commission, Sirsa.
