Haryana

Fatehabad

CC/419/2019

Dhapa Devi - Complainant(s)

Versus

Sarva Haryana Gramin Bank - Opp.Party(s)

Sukhbir Dhaka

11 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATEHABAD.

                                                      Complaint Case No.419  of 2019.                                                               Date of institution: 09.10.2019.                                                         Date of decision:11.04.2023.

Smt.Dhapa Devi wife of Mahabir resident of Dhani Bhoj Raj Tehsil Tohana District Fatehabad.

                                                                        …Complainant.

                        Versus

1. Sarva Haryana Gramin Bank, Buwan Tehisl Tohana District Fatehabad through its Branch Manager
2. Universal Sompo General Insurance Company Limited, Unit No.401, 4^th Floor, Sangam Complex, 127, Andheri- Kurla Road, Andheri (E), Mumbai- 400059 through its Chairman –cum- Managing Director/ Managing Director/ authorized person.

                                                                   ...Opposite parties.

        Complaint under Section 12 of the Consumer Protection Act

 

Present:                 Sh.Sukhbir Dhaka,Advocate, for the complainant.                                                            Sh.Inder Singh Sihag, Advocate for Op No.1.                                              Sh.U.K.Gera, Advocate for Op No.2.                                                                                                                                    

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                  SH.K.S.NIRANIA, MEMBER.

 

 

ORDER

SH. RAJBIR SINGH, PRESIDENT

                    In nutshell, the facts of present case are that the complainant is owner in possession of 32 kanal agriculture land situated at Village Bosti Tehsil & District Fatehabad; that the complainant has an account No.381568800013158 with the OP No.1; that Op No.1 had insured the crop of complainant under the Govt. scheme “Pardhan Mantri Fasal Bima Yojna” with the OP No.2 by deducting an amount of Rs.1009/-  in respect of crops of rabi 2018; that the complainant had sown wheat crop on the land in question but it got damaged; that the complainant intimated agriculture department/Ops to inspect the loss suffered; that the losses were assessed Rs.16,000/- per hectare; that despite several requests the claim for damaged crops has not been paid by the Ops, due to which complainant has suffered great financial losses. In the end, prayer has been made for allowing compensation for lost crops in sum of Rs.64,000/-. Rs.25,000/- have also been claimed towards mental agony, harassment and litigation expenses. Any other relief at the discretion of this Commission also sought.

2.                           On notice, Ops appeared and filed their separate replies.  Op No.1 in its reply has taken several preliminary objections such as cause of action, locus standi, maintainability and concealment of material facts etc. It has been further submitted that an amount of Rs.1009.47/- was debited on 15.12.2018 on account of premium of wheat crop insurance of Rabi 2018 with regard to land measuring 20 kanal i.e. 1012 hectare;  that at the time of uploading the list of farmers on portal, the name of village Sanchla instead of Bosti has been mentioned due to clerical mistake and it was the duty of insurance company to counter check, therefore, on the failure of insurance company, no liability can be fastened upon the Op no.1; that the insurance company being insurer is liable to indemnify the loss of crop, if any caused to farmer. Other contentions have also been controverted and prayer for dismissal of the complaint has been made. In the end, prayer for dismissal of the complaint has been made.

3.                          Op No.2 filed in its written version wherein it has been submitted that no detail with regard to claim, assessment, bank and repudiation with regard to matter in question is available with the answering; that the complainant has not submitted any assessment report made by the agriculture department; that without accurate and full bank account details, the answering Op is unable to trace the claim status of the complainant. There is no deficiency in service on the part of replying OP.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant Annexure C1, alongwith documents Anneuxre-C2 to Annexure-C5 and thereafter, closed the evidence on behalf of complainant.

7.                          On the other hand, learned counsel for the Op No.1  tendered affidavit of Kailash Chander as Annexure R1 alongwith documents Annexure R2 to Annexure R4 whereas learned counsel for the Op No.2 vide his separate statement dated 24.03.2022 prayed for treating the written statement filed on behalf of Op No.2 as evidence. Thereafter the evidence on behalf of the Ops was closed.

8.                          We have heard both the parties and perused the record carefully.                

9.                          In para No.2 of the written statement, the OP No.1/bank has admitted that due to clerical mistake the name of village Sanchla instead of Bosti has been uploaded but the premium of Rs.1009.47 was debited for Rabi Crop  2019 (wheat crop) and remitted to the insurance company. Perusal of the case file reveals that there is nothing on the record to show that the OP No.2/bank has ever sent any report with regard to correction in the name of village. There are sufficient material available on the case file to show that the Op No.2 is found deficient in service and is also found involved in unfair trade practice  because till today no claim on account of wheat crop loss has been given to the complainant. Further, the Op No.1/bank is also found negligent in sending the wrong name of the village as is evident through Annexure R3 wherein it has been clearly mentioned that the complainant is owner of the land situated at village Bosti and she had sown Rabi crop 2018 on that land. In the given facts and circumstances of this case, the Op No.2 only is found liable to pay claim amount for the damages to the wheat crop of complainant for Rabi, 2018.

10.                        Perusal of Annexure R4 reveals that the complainant had sown wheat crop in 20 kanal and potato in 12 kanal and as per Annexure C3, the Agriculture Department has assessed the loss to wheat crop in village Bosti to the tune of Rs.36866.69/- per hectare for the Rabi 2018-19.     

11.                        Thus as a sequel of above discussion, we direct the OP No.2-insurance company to pay Rs.37,310/- (in round figure) for loss in 1.012 hectare 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 allowed.  In the present case, respondent No.1-bank has given wrong name of the area in which land was under survey for the damage of crops.  The name of the area is actually Bosti while negligently, the officials of bank/OP No.1 have given wrong name of the area to be Sanchla.  So, cost of Rs.11,000/- is imposed on the bank/OP No.1 which shall be paid to the complainant. 

12.                        In default of compliance of this order, proceedings against respondents 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: 11.04.2023

                                                                                                        

          (K.S.Nirania)                         (Harisha Mehta)                      (Rajbir Singh)                              Member                                  Member                                         President