BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 331 of 2019.
Date of Institution : 25.06.2019.
Date of Decision : 31.10.2023
Balbir son of Shri Hardutt resident of village Rupana @ Darba Khurd, Tehsil and District Sirsa.
……Complainant.
Versus.
- The Branch Manager, Sarva Haryana Gramin Bank, Sirsa Tehsil and Distt. Sirsa .
- ICICI Lombard General Insurance Co. Ltd. ABW Towers, Unit No. 511-512, 5th Floor, M.G. Road, Iffco Chowk, Gurugram-122001 through authorized person.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. PADAM SINGH THAKUR……………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
Present: Sh. K.R. Pilania, Advocate for complainant.
Sh. S.L. Sachdeva, Advocate for opposite party No.1.
Sh. R.K. Mehta, Advocate for opposite party no.2.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of the complainant is that complainant is a small farmer having agricultural land situated at village Manak Diwan and Darba Kalan Tehsil and Distt. Sirsa as per Jamabandi 2016-17/. He is having land measuring 1.628 hect. at Village Manak Diwan and land measuring 0.615 Hect. at Village Darba Kalan. That complainant is maintaining and operating his KCC account bearing no.81208800013427 with op no.1. It is further averred that as per Pardhan Mantri Fasal Beema Yojna, an amount of Rs.2313/- was deducted from above said account of complainant by op no.1 bank as premium amount on 31.07.2017 for insurance of cotton and paddy crop of kharif 2017 and insured the crops with op no.2 as disclosed by op no.1 bank. Despite the insurance and loss to his crops the complainant has not received any claim amount for damages and hence the present complaint against the Ops.
3. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections qua non serving of prior notice, estoppel, maintainability, cause of action, concealment of material facts, jurisdiction, limitation and that no consumer dispute is made out against the opposite party. On merits, it is submitted that complainant has obtained crop loan from answering op to the tune of Rs.4,00,000/- against his agriculture land measuring 33 kanals 17 marlas and at that time he declared crops to be sown by him in the month of April to October as cotton and in the month of November to April as wheat in his fields and requested the answering op for getting the insurance of above said declared crops. Accordingly answering op deducted premium amount of Rs.2313.04 from the loan account of complainant and transferred the same to op no.2 for getting insurance of his crops. It is further submitted that complainant has not declared that he will sow paddy crop and as such no paddy crop was insured with op no.2 and no premium on account of insurance of paddy crop was ever transferred/ paid to op no.2. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written version raising certain preliminary objections regarding no coverage of alleged loss, that insurance of farmer has been done on the basis of good faith and declaration made by bank of farmers and if any mistake is done by bank of complainant, insurance company cannot be held liable for claim amount and therefore, complaint is liable to be dismissed being not maintainable. Other preliminary objections regarding non maintainability for want of jurisdiction, non intimation, non submission of proof of loss or weather report, limited coverage as per scheme, yield basis claims are decided by Government, no survey no quantification of loss, no privity of contract, non impleading of necessary parties are also taken. On merits, it is averred that no intimation has been received regarding the loss of crop from the complainant as well as from any other agencies. However, the claim of complainant was rejected as the crop loss occurred due to Rains, but the same is not leading to Inundation which is covered for loss under the scheme. It is further submitted that it is not an individual insurance policy like other insurance policies rather it is a group insurance scheme in accordance with agreed terms and conditions of scheme which are binding on all of concerned related to the scheme. The complainant should have approached to DAC & FW department for any kind of grievance related to scheme or claim and the decision of said department would be binding on all state Government/ insurance company/ banks and farmers. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
5. The complainant in evidence has tendered his affidavit Ex.CW1/A, and documents i.e. Ex. C-1 copy of bank account, Ex. C-2 and Ex. C-3 copy of letter issued to Paramjeet and Balbir respectively by the bank of both the villages, Ex. C-4 to Ex. C-6 copy of jamabandi and Ex. C-7 and Ex- C-8 complaint to the C.M. Window.
6. On the other hand, op no.1 has tendered affidavit of Sh.Sukhwinder Singh Sethi, Assistant Manager SHGB, Sirsa as Ex.R-1 and application for KCC Loan as Ex.R2, patter of crop as Ex. R-3 and statement of account as Ex. R-4.
7. Op no.2 had not lead any evidence despite availing several opportunities.
8. We have heard learned counsel for the parties and have gone through the case file carefully.
9. At the very outset it is pertinent to mention here that although complainant in his complaint has sought insurance claim for the damage of his paddy and cotton crop of 2017, but however, on 13.07.2023 when the case was fixed for arguments, an application alongwith amended complaint was moved on behalf of complainant seeking amendment in the complaint for incorporating the area of crop. The Bank has already given the area of land insured for the cotton crop at village Manak Diwan to the extent of 1.0628 Hect. at Vill. Manak Diwan and 0.615 Hect. at village Darba Kalan.
10. Arguments on the application as well as on main complaint were heard. The complainant filed the present complaint on 26.05.2019 seeking insurance claim for the damage of his paddy and cotton crop of Kharif, 2017 however, filed the said application on 13.07.2023 i.e. after period of more than four years for amendment/ rectification of above said mistake of incorporating of land. Since the bank has already issued the letter regarding the land in Ex. C-2 of Paramjeet and Ex. C-3 of Balbir and therefore the present application is not maintainable and the land not require to be incorporated as letters Ex. C-2 and Ex.C-3 of the bank and Jamabandi from Ex. C-4 to Ex. C-6 already on record and as such the application is hereby dismissed.
11. The counsel for complainant contended that despite the loss to the cotton and paddy crop of complainant, ops had not compensated and paid any compensation and prayed for compensation for the loss of cotton and paddy crop.
12. On the other hand Sh. S.L. Sachdeva, Adv. for OP No. 1 and Sh. R.K. Mehta, Adv. for OP no. 2 contended that the complainant is not maintainable as no loss has been caused to the crops of complainant. They have further contended that complainant is estopped by his act and conduct as he has never approached the agriculture department for assessment of loss caused to his cotton and paddy crop and to obtain any report of loss regarding the threshold yield of block and average yield of his village to ascertain the loss and to claim compensation from ops and in the absence of aforesaid report the present complaint is liable to be dismissed and prayed for dismissal of this complaint.
13. From the perusal of evidence on record, it is evident that complainant has not placed on record the copy of Khasra Girdawri regarding the sowing of cotton crop and paddy over his land. Further more, no report of agriculture department has been placed on record by the complainant. Although the OP No. 1 has also not placed on record any record of payment of any premium amount to the OP No. 2 and regarding incorporation of particulars of complainant on the Govt. portal regarding the description of KYC, Crop and his residency for obtaining the damages from op no.2 if any caused to the crop but the complainant has also failed to prove on record sowing of cotton and paddy crop in kharif season of 2017 and also loss to his cotton and paddy crop of kharif, 2017 through any cogent and convincing evidence.
14. In view of our above discussion, the application for rectification as well as complaint on merit are 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,
Dated: 31.10.2023. District Consumer Disputes
Redressal Commission, Sirsa.
