Haryana

Bhiwani

CC/167/2020

Mam Kaur - Complainant(s)

Versus

Rahul Photo state - Opp.Party(s)

Jagdev Sheoran

27 Sep 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSASL COMMISSION, BHIWANI.

                                                                Complaint Case No. : 167 of 2020

                                                                Date of Institution    : 19.11.2020

                                                                Date of decision:      : 27.09.2024

 

Mam Kaur wife of Sh. Bilasa Ram R/o village Chahar Kalan, Sub Tehsil Behal, Tehsil Loharu, District Bhiwani.

...Complainant. 

 

                                                    Versus.

1. Rahul Photostat and Aadhar Kendra, Near Kiran Dental Hospital, Jhuppa Road Behal, Sub Teshil Behal, Tehsil Loharu, District Bhiwani through its proprietor Dharam Veer.

2.  Deputy Director, Agriculture Department, Meham Raod, Bhiwani Tehsil and District Bhiwani.

3. Agriculture Insurance Company, Block 1, 5^th Floor, Plate-B & C East Kidwal Nagar, Ring Road, New Delhi-110023 through its Managing Director/authorized signatory.

 

...Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT, 2019.

Before: -       Mrs. Saroj Bala Bohra, Presiding Member.

                    Ms. Shashi Kiran Panwar, Member.

Present:        Sh. Jagdev Sheoran, Advocate for complainant.

Sh. Mukesh Jangra, Advocate for OP No.3.

Sh. Anuj, P.O. on behalf of OP No.2.

None for OP No.1 (defence struck of v.o.d. 04.10.2022).

 

                                                  ORDER

 

SAROJ BALA BOHRA, PRESIDING MEMBER.

1.                 Brief facts of this case are that the cotton crop for the season Kharif-2019 of complainant standing in 2 hectare land situated within the revenue estate of village Chahar Kalan was insured under Pradhan Mantri Fasal Bima Yojna for sum insured Rs.1,53,200/- by paying a premium of Rs.3064/- debited from his bank account no.83150300001007 on 12.07.2019. In this regard, OP No.1 issued acknowledgement/ receipt No.0401061900100747072 in favour of complainant.  It is stated that due to climatic effect, the crop of complainant completely damaged. OP No.2 was informed immediately.  It is alleged that her neighbours and her husband have received compensation but she was denied by the OPs in the first week of November 2020. Hence, the present complaint has been preferred seeking directions against the OPs to pay Rs.1,53,200/- alongwith interest @ 18% per annum from the date of loss till realization. Further to pay Rs.50,000/- as compensation for harassment besides Rs.20,000/- as litigation expenses. Any other relief, to which this Commission deems fit has also been sought.

2.                 Upon notice, OPs appeared through their respective counsels.

3.                 OP No.1did not file written statement despite availing sufficient opportunities, as such, defence of OP No.1 was struck off vide order dated 04.10.2022.

4.                 OP No.2 filed written statement submitting that upon receiving complaint from complainant, a joint committee was constituted who surveyed the fields and send report to the concerned insurance company. As such, there is no deficiency in service on its part and prayed for dismissal of the complaint with cost. 5.            OP No.3 filed written statement taking preliminary objections qua maintainability of complaint, locus standi cause of action and suppression of material facts. On merits, it is submitted that complainant was never insured with it as acknowledgement number and account number were not found on the National Crop Insurance Portal, as such, the complainant was not insured with the answering OP. It is urged that mere deduction of amount from the bank account does not make complainant eligible for insurance coverage rather the crop insurance details are to be uploaded in the NCIP by the concerned bank. In the end, denied for any deficiency in service on its part and prayed for dismissal of the complaint with costs.

6.                 In evidence of complainant, his affidavit Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-3 were tendered and closed the evidence on 09.03.2023.

7.                 On the other side, OP No.2 adopted its written statement as in their evidence and closed the same on 04.04.2024.

8.                 On behalf of OP No.3 affidavit Ex. RW3/A alongwith documents Ex. RA to Ex. RG were filed and closed the evidence on 10.07.2024.  

9.                 We have heard learned counsels for the contesting parties and perused the record carefully.

10.               At the outset, the Agriculture Department in his loss assessment report annexed with their written statement has shown no loss to the crop of complainant as there was no inundation in the field.  It is pertinent to mention here that in the report it is mentioned that intimation of loss to the department was on 16.08.2019 and they inspected the field on 06.09.2019 i.e. after 22 days which suggests that after such a long period the accumulated water in the field may have evaporated and, if so, that happens due to lapse on the part of such authority/department and for the wrongs of the others, complainant should not be burdened. As such, the report is not reliable one.

11.               Complainant in order to prove his case has placed on record application status of the insured crop (Annexure C-1) whereby it is evident that Rs.3064/- as insurance premium was debited from the bank account of complainant with Sarva Haryana Gramin Bank, Cheher Kalan for cotton crop of complainant in 2 hectare and OP No.3 is insurance company for the crop insurance. During the course of arguments, learned counsel for complainant has also placed on record copy of jamabandi and sijra in order to prove ownership of complainant over the land. Copy of bank passbook of Bilasa Ram-husband of complainant has also been placed on record to show that her husband has also received compensation for his damaged crop. During the arguments, information gathered under RTI Act 2005 has also been placed on record which reveals that during the Kharif 2019, compensation of Rs.18,964.68p per hectare was provided in village Chehar Kala.

12.               After hearing learned counsels for the parties and going through their pleadings as well as evidence produced on record,  we have observed that the cotton crop of complainant in 2 hectare was insured with OP no.3 insurance company for the season kharif 2019 and the insurance company provided compensation of Rs.18,965/- per hectare to the other farmers. Thus the complainant is also entitled to Rs.37,930/- as compensation for the crop loss in 2 hectare besides, compensation for mental and physical harassment and litigation expenses. Accordingly, the complaint is allowed and OP No.3 insurance company is directed to comply with the following directions within 40 days from the date of passing of this order:-

(i)       To pay a sum of Rs.37,930/- (Rs. Thirty seven thousand nine hundred thirty) to the complainant alongwith simple interest @ 9% per annum from the date of filing of this complaint till actual realization.

(ii)      To pay a sum of Rs.5000/- (Rs.Five thousand) as compensation on account of harassment.

(iii)     Also to pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OP No.3 shall liable to pay simple interest @ 12% per annum on all the aforesaid awarded amounts for the period of default. If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party no.3 may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both. Certified copies of this order be sent to parties concerned, free of costs, as per rules. File be consigned to the record room, after due compliance.

Announced.

Dated:27.09.2024