Haryana

Kaithal

15/20

Punjaba - Complainant(s)

Versus

Sarva Haryana Grmin Bank - Opp.Party(s)

Sh.C.L Sharma

23 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.15 of 2020.

                                                     Date of institution: 09.01.2020.

                                                     Date of decision:23.01.2023.

Punjaba S/o Sh. Rulia S/o Sh. Nandu r/o Village Sirta, Distt. Kaithal.

                                                                        …Complainant.

                        Versus

1. The Manager, Sarva Haryana Gramin Bank, Kheri Gulam Ali, District Kaithal.
2. The Oriental Insurance Company Limited, Dhand Road, Kaithal through its Branch Manager.
3. Deputy Director, Agriculture & Farmer Welfare Department, Kaithal, Room No.103, Mini Secretariat, Kaithal.
   •  

 

        Complaint under Section 12 of the Consumer Protection Act

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. RAJBIR SINGH, MEMBER.

 

Present:     Sh. Aseem Sharma, Advocate for the complainant.   

                Sh. Surender Chugh, Advocate for the respondent.No.1.

Sh. Amit Kaushik, Adv. for the respondent No.2.

                Sh. Sushil Kumar, SA Rep. for the respondent No.3. 

               

ORDER

DR. NEELIMA SHANGLA, PRESIDENT

        Punjaba-Complainant has filed this complaint under Section 12 of Consumer Protection Act, 1986 (hereinafter referred to as ‘the Act’) against the respondents.

                In nutshell, the facts of present case are that the complainant is an agriculturist by profession and owned 2 acre, detail mentioned in para No.1 of the complaint.  It is alleged that the complainant has an account No.31378800018413 with the respondent No.1.  The respondent No.1 got insured the crop of complainant under the scheme “Pardhan Mantri Fasal Bima Yojna” with the respondent No.2 and had deducted the amount of Rs.1146/- on 23.10.2018 as insurance premium amount.  It is further alleged that due to untimely heavy rainfall and lodging of heavy rainy water on 23 and 24 September, 2018, the paddy crop of the complainant was damaged/ruined.  The complainant instantly reported the matter to respondent No.3, who in return inspected the agricultural fields of complainant alongwith officials of respondent No.2 and assessed 95% damage of paddy crop in his agriculture land.  The complainant requested the respondents to pay the claim amount but they did not do so.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.     

2.            Upon notice, the respondents appeared before this Commission and contested the complaint by filing their written version separately.  Respondent No.1 filed the reply raising preliminary objections regarding maintainability; cause of action; that this commission has got no jurisdiction to entertain and try the present complaint; that the premium amount of Rs.1146.60 paise was debited from KCC account of complainant on 31.07.2018 for Fasal Bima Yojna of Kharif 2018 (Paddy) and such premium amount was remitted to respondent No.2 in their account No.0248002100026568 of Oriental Insurance Company/Respondent No.2 with Punjab National Bank through NEFT bearing UTR No.-PUNBB18225003827 on 13.08.2018 alongwith premium amount of other farmers also.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

3.             Respondents No.2 filed the written version raising preliminary objections that as per averments of the complaint, the loss of paddy crop has been affected in Village Sirta, Distt. Kaithal due to the reason mentioned as “Heavy Rain Fall” which has not been covered under the terms and conditions of the insurance policy under the PMFBY Scheme and to prove the same, no documentary proof of any kind has been annexed with the complaint; that role of insurance company is only to pay claim in accordance with the scheme of “Pradhan Mantri Fasal Bima Yojana” and thus, insurance company cannot be held liable for any mistake done by either complainant himself or bank of complainant or other institutions that are part of this scheme.  In the present case, the complainant is claiming for paddy crop of Village Sirta, Distt. Kaithal.  As per yield data of village Sirta provided by Govt., actual yield is more than the threshold yield and as per village level crop loss percentage provided by Agricultural Department, the loss of crop in village Sirta is “Zero” percent.  So, the complainant is not entitled for the relief claimed.  However, it is made clear that insurance of farmer has been done on the basis of good faith and declaration made by Bank of farmers.  If any mistake is done by bank of complainant or other institution, insurance company cannot be held liable for claim; that the complainant never intimated any claim to insurance company for loss of paddy crop and thus, concocted story of claim of complainant cannot be believed in absence of credible evidence of loss of crop and proof of timely intimation of claim.  There is no deficiency in service on the part of respondent.  On merits, it is stated that the complainant never supplied any documents to the answering respondent.  The other objections raised in the preliminary objections are rebutted and so, prayed for dismissal of complaint.

4.             Respondent No.3 filed the written version raising preliminary objections regarding maintainability; cause of action; locus-standi; that this commission has got no jurisdiction to entertain and try the present complaint; that the fields of complainant as-well-as other farmers were inspected by the officials of answering respondent randomly on the basis of village level.  The other allegations alleged in the complaint are also denied and so, prayed for dismissal of complaint.   

5.             To prove his case, the complainant tendered into evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C3 and thereafter, closed the evidence.

6.           On the other hand, respondent No.3 tendered into evidence affidavit Ex.RW1/A, respondent No.1 tendered into evidence affidavit Ex.RW1/A alongwith documents Annexure-R1 to Annexure-R8, respondent No.2 tendered into evidence Ex.RW2/A alongwith documents Annexure-R9 & Annexure-R10 and thereafter, closed the evidence. 

7.             We have heard the learned Counsel for both the parties and perused the record carefully.

8.             ­­­­Sh. Sushil Kumar, SA Rep. has appeared on behalf of Agriculture Department, Kaithal and he has submitted the approximately crop claim based on Village Survey, under PMFBT.  In the present case, the Agriculture Department has assessed the loss to the tune of Rs.9741.60 paise per acre.  Hence, for 1.92 acre loss, the complainant is entitled for the amount of Rs.18,704/- (Rs.9741.60 paise x  1.92 acre).      

9.             Thus as a sequel of above discussion, we direct the OP No.2-insurance company to pay Rs.18,704/- 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.5500/- which will be paid by the respondent No.2-insurance company to the complainant.     

10.            In default of compliance of this order, proceedings against respondent No.2 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 court:

Dt.:23.01.2023.

 

                                                                (Dr. Neelima Shangla)

                                                                President.

 

       

(Rajbir Singh),            (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.