As per Hon’ble President Mr. Atul Alshi.

1.         The complainant has filed complaint case U/s 35 (i) of Consumer Protection Act 2019 against OP for non disbursement of partial crop insurance claim of Rs.86,428/- and thereby claiming insurance amount alongwith  compensation of mental and physical torture of Rs.30,000/-  and Rs.20,000/- for cost of litigation.

2.         The complaint in short as under –

     The complainant is owner of 3 Hector field at Mouza Sawargaon and Malapur survey No. 711/2, 433/4 and 392/2 and sowing crop of Soyabean and insured said crop under Pradhan Mantri Fasal Bima Yojana with OP Reliance General Insurance Company by premium of Rs.2700/- for the sum insured of Rs.1,35,000/-.

     Due to heavy rainfall, there was loss caused to the complainant. According to survey report OP failed to disburse the sum insured amount of the insurance policy but arbitrarily disbursed partial insurance amount of Rs,25,799/- and Rs.22,773/- on dtd.07.12.2021. The OP disbursed total claim amount of Rs.48,572/- and failed to disburse the remaining insurance amount of Rs.86,428/- according to survey report of Government of Maharashtra declaring there was loss of 98% caused to the complainant. Therefore the complaint has been filed.

3.               OP duly served on 15.07.2022, but OP failed to appear before commission. Hence, matter be proceeded exparte against OP on dtd.30.08.2022.

                         REASONING

4.         After hearing of case the following points arose for consideration.     

POINTS                                                      FINDINGS

1. Whether the complainant is consumer?                       Yes.
2. Whether there is deficiency in service on the part of OP?    Yes.   
3. What order?                                   As per final order.

5.         Point No. 1 to 3 – The complainant insured the crop of Soyabean under Pradhan Mantri Fasal Bima Yojana of Ministry of Agriculture & Farmers Welfare through Bank of India. Due to heavy rain fall the complainant’s crop was damaged. Therefore, the complainant moved application and surveyor assessed the loss. As per survey report dtd.18.10.2021 the loss of crop of Soyabean and for the damaged crop of soyabean filed insurance claim with OP. But the OP had disbursed partial insurance of claim of Rs.48,572/- against sum assured as per policy amounted Rs.1,35,000/-. As per surveyor survey conducted by OP and as per survey  report the damage caused to complainant is 98% as per report filed on record by complainant dtd.10.10.2021, 20.09.2021 on Pg.No.12 to 14. The non disbursement of the sum assured amount towards total loss does amounts deficiency of service on the part of OP. Thereafter, the complainant entitled the balance amount of insurance claim of Rs.86,428/- against sum assured in the policy alongwith compensation of Rs.10,000/- for mental torture and Rs.10,000/- for cost of litigation.

Therefore, the complaint is partly allowed. Hence, we passed following order.  

ORDER

1.    The complaint is partly allowed.

2.   The OP is hereby directed to pay Rs.86,428/- against the balance amount of insurance claim to the complainant.

3.   The OP is further directed to pay compensation of Rs.10,000/- for mental agony and Rs.10,000/- towards cost of litigation to the complainant.

4.   Copy of the order shall be supplied to all the parties free of cost.

5.   OP is directed to comply above order within 45 days from the receipt of order.