Haryana

Kurukshetra

CC/502/2019

Amit Kumar - Complainant(s)

Versus

Regional manager - Opp.Party(s)

Girdhari lal

28 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KURUKSHETRA

 

                                                                    Complaint No.:    502 of 2019.

                                                                   Date of institution:         21.11.2019.

                                                                   Date of decision: 28.04.2023.

 

Amit Kumar s/o Shri Krishan Lal, r/o village and Post Office Mathana, Tehsil Thanesar, District Kurukshetra.

                                                                                                …Complainant.

                                                   Versus

 

1. Regional Manager, Punjab National Bank, Chatha Complex, Regional Office, Kurukshetra, Pipli Road, Ratgal.
2. Punjab National Bank, Branch Mathana, through its Manager.
3. The Oriental Insurance Company Limited, Railway Road, Kurukshetra, through its Branch Manager.
4. Deputy Director, Department of Agriculture, & FW, Govt. of Haryana, Kurukshetra.

                                                                                      ...Respondents.

 

CORAM:   DR. NEELIMA SHANGLA, PRESIDENT.    

                   NEELAM, MEMBER.

                   RAMESH KUMAR, MEMBER.

 

Present:       Shri Girdhari Lal, Advocate for the complainant.

                   Opposite Party No.1 ex-parte.

                   Shri Lovekesh Machhal, Advocate for Opposite Party No.2.

                   Shri Rohit Verma, Advocate for Opposite Party No.3.

                   Ms. Nitu Rai, ASO for Opposite Party No.4.

 

ORDER:

 

1.                This is a complaint under Section 12 of the Consumer Protection Act, 1986.

2.                It is alleged in the complaint that the complainant is owner in possession of agricultural land measuring 26 biggas 15 biswas i.e. 05 acre 02 kanals. In the month of June 2018, he planted paddy crop in his said land and got insured his paddy crop under Pardhan Mantri Fasal Bima Yojna (PMFBY) with OPs and on 31.07.2018, a sum of Rs.3314/- has been paid by him from his bank account No.2549008800015558 of PNB Mathana. On 23.09.2018, due to heavy rain, his paddy crop became totally damaged and on the next day i.e. 24.09.2018, he informed Agricultural Development Office, Kurukshetra in this regard and its surveyor visited the spot and reported the survey report that there is 30-40% crop damaged. He requested the OPs to release the claim amount, but all in vain. The above act and conduct of OPs amounts to deficiency in service, causing him mental agony, harassment and financial loss, constraining him to file the present complaint, against the OPs, before this Commission.

3.                Upon notice of complaint, OPs No.2 to 4 appeared and filed their respective written statements, whereas, OP No.1 failed to appear before this Commission and was proceeded against ex-parte.

4.                OP No.2, in its written statement, stated that OP No.2 deducted the fasal bima premium from his KCC account of complainant on 07.08.2018 and remitted the same to OP no.3 on 07.08.2018, which was duly accepted by OP No.3 and very surprisingly, OP No.3 intentionally and deliberately refund the said  premium almost after 14 months from the date of deduction of premium by OP No.2. The span of crop insurance is 6 months, so the question of deficiency in service upon the part of OPs No.1 & 2 does not arise at all.

5.                OP No.3, in its written statement submitted that the PNB did not upload the data of complainant on the portal due to that reason no insurance policy was issued by OP No.3 to the complainant related to alleged claim, further complainant is not insured under PMFBY and OP No.3 did not receive any premium.                         

6.                OP No.3, in its written statement, stated that the farmer gave intimation on 23.9.2018 and same was sent to OIC to assess the loss. Due to shortfall in yield, claim arised in village Rs.16817/- per hectare.

7.                The complainant, in support of his complaint tendered affidavit Ex.CW1/A along with documents Ex.C-1 to Ex.C-6.

8.                On the other hand, OP No.2, tendered in evidence affidavit Ex.RW1/A along with documents Ex.R1/A to Ex.R1/F. OP No.3, in its evidence, tendered affidavit Ex.DW3/A along with document Ex.D-1. OP No.4, in its evidence, tendered affidavit Ex.RW4/A.

9.                We have heard the learned counsel for the parties and gone through the case file as well carefully.

10.              Ms. Neetu Rai, ASO appearing on behalf of OP No.4 has submitted that the approximately crop claim is based on Average under PMFBY. In the present case, the Agriculture Department has assessed the loss to the tune of Rs.6808.62 per acre in Annexure-RA. Hence, for the loss occurred in 5.5 acres of land, complainant is entitled for the amount of Rs.37447.42 (Rs.6808.62 x 5.5 acres).      

11.              Thus as a sequel of above discussion, we direct OP No.3 i.e. insurance company to pay Rs.37447.42 to the complainant alongwith interest @ 6% P.A., from the date of filing of present complaint, till its realization, within 45 days from today. Hence, the present complaint is accepted with cost. The cost is assessed as Rs.11,000/-, which will be paid jointly and severally by OPs No.2 & 3, in equal shares of 50% each, to the complainant.     

12.              In default of compliance of this order, proceedings shall be initiated under Section 72 of Consumer Protection Act, 2019, as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission:

Dated:28.04.2023.

                                                                                       (Dr. Neelima Shangla)            

                                                                                      President,

                                                                                       DCDRC, Kurukshetra.

(Neelam)                    (Ramesh Kumar)

Member.                    Member.