BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 109 of 2022.
Date of Institution : 31.01.2022.
Date of Decision : 19.03.2024.
Naib Singh (aged about 60 years) son of Sh. Tirlok Singh son of Sh. Inder Singh, resident of village Mattar, Tehsil Kalanwali, District Sirsa.
……Complainant.
Versus.
1. State Bank of India, Rori Branch, District Sirsa through its Branch Manager.
2. Agriculture Insurance Company Limited, Office Block No.1, 5th Floor, Plate – B & C, East Kidwai Nagar, Ring Road, New Delhi – 110023, through its Manager/ Authorized Signatory.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT. SUKHDEEP KAUR…………………….MEMBER
Present: Sh. M.S. Dandiwal, Advocate for complainant.
Sh. H.S. Aulakh, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
ORDER:-
The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant is that complainant is an agriculturist and his whole family depends on agricultural income. He is owner in possession of land measuring 09 acres situated at village Mattar, Tehsil Kalanwali, District Sirsa as per jamabandi for the year 2017-2018. The complainant availed KCC facility from op no.1 bank vide account No. 11573196689. It is further averred that on 30.07.2020 premium amount of Rs.14,179.75 and on 23.12.2020 premium amount of Rs.3351.60 were deducted by op no.1 bank for insurance of his Kharif crop of 2020 and rabi crop of 2020-2021 with op no.2 under Pardhan Mantri Fasal Bima Yojna. The complainant had sown cotton crop in Kharif 2020 and wheat crop in Rabi 2020-2021 which were damaged to the extent of 100% due to natural calamities, pests/ diseases and heavy rain and said fact has also been verified by Agriculture department which submitted its report to op no.1. That complainant has suffered losses of Rs.2,70,000/- approximately on account of damage to his insured crop of cotton and also suffered losses of Rs.2,25,000/- approximately on account of damage to his insured crop of wheat but none of ops have paid any amount to the complainant despite his several requests and visits whereas other farmers have already received compensation from op no.2. The complainant also sent a legal notice dated 22.07.2021 to the ops but despite that they failed to pay the amount of compensation to the complainant and refused to pay such amount to the complainant and have caused deficiency in service and unnecessary harassment to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written statement taking certain preliminary objections. It is submitted that premium amounts have been remitted to the insurance company. The scope of insurance policy in respect of crop insurance is subject to terms and conditions of the insurance policy and answering op has no role to pay therein. As and when claims are calculated and released by insurance company, the same gets credited to customer account if found eligible. The bank is an intermediary in the crop insurance process. It is further submitted that claim processing and release of claims is done by the respective crop insurance companies. The claim in respect of crops loss allegedly suffered by complainant is to be settled and paid by the insurance company as per the report furnished/ supplied by the Agriculture department and answering op has no role to play therein and answering op got replied the legal notice vide reply dated 10.08.2021. 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 submitting therein that threshold yield of cotton crop of Kharif, 2020 of block Baragudhan was 646.92 Kgs. per hectare and actual yield of village Mattar was 787.66 Kgs. per hectare and as such there was no shortfall to the cotton crop of Kharif, 2020 in village Matar. It is further submitted that threshold yield of wheat crop of block Baragudhan of Rabi 2020-2021 was 4747.34 Kgs. per hectare and actual yield of village Mattar was 4884.77 Kgs. per hectare and as such there was no shortfall to the wheat crop in Rabi 2020-2021 in village Matar. It is further submitted that as there was no shortfall in the actual yield of insured cotton crop and wheat crop in village Mattar, thus no claims are payable to the complainant farmer and prayer for dismissal of complaint made.
5. The complainant in evidence has tendered his affidavit Ex.C1 and documents Ex.C2 to Ex.C9.
6. On the other hand, op no.1 has tendered affidavit of Sh. Birendra Prasad, Branch Manager as Ex.R1 and statement of account Ex.R2. OP no.2 has tendered documents Ex.R3 to Ex.R16 and affidavit of Sh. Geddam Gandhi, Regional Manager as Ex.R17.
7. We have heard learned counsel for the parties and have perused the case file.
8. The complainant has placed on file a copy of letter dated 25.11.2021 of the Joint Director (Statistical) Agriculture & Farmers Welfare Department, Haryana Panchkula written to Financial Commissioner & Addl. Chief Secretary to Government of Haryana, Chandigarh as Ex.C9 by which it was informed that Patwaris inspected the fields of District Sirsa in Kharif, 2020 and prepared the Girdawari regarding damages of crops of District Sirsa but still the farmers of District Sirsa have not been paid any compensation. But from the said letter it is not proved on record that there was also loss to the cotton crop of village Matar in Kharif, 2020. The complainant has also not placed on file any report regarding damage to his wheat crop of Rabi 2020-2021. On the other hand, op no.2 insurance company has placed on file letter of the Director General Department of Agriculture & Farmers Welfare, Haryana, Panchkula written to the Regional Manager Agriculture Insurance Company ltd. of India, Panchkula regarding village wise actual yield based on crop cutting experiments under PMFBY Kharif, 2020 as Ex.R13 and in the village wise tabulation sheet enclosed with said letter, it has been reported that average yield of cotton crop of village Mattar in Kharif, 2020 was 787.66 Kgs. per hectare whereas the average yield of block Baragudha was 547.63 Kgs. per hectare and as such it is proved on record that there was no loss to the cotton crop of village Mattar in Kharif, 2020. Similarly, op no.2 has also placed on file letter of the Director General Department of Agriculture & Farmers Welfare, Haryana, Panchkula written to the Regional Manager Agriculture Insurance Company Ltd. of India, Panchkula regarding village wise actual yield based on crop cutting experiments under PMFBY Rabi 2020-2021 as Ex.R14 and in the village wise tabulation sheet enclosed with said letter, it has been reported that average yield of wheat crop of Rabi 2020-2021 in village Mattar was 4884.77 Kgs. per hectare whereas threshold yield of block Baragudha was 4745.34 Kgs. per hectare and as such it is also proved on record that there was no loss to the wheat crop of village Mattar in Rabi 2020-2021. So, it is also proved on record that there was also no loss to both the crops of complainant. Learned counsel for complainant contended that as per special girdawari Ex.C10, there was loss to the cotton crop of complainant to the extent of 40% but however no such order of any competent authority about preparing of special girdawari has been placed on record. Moreover, as per operational guidelines of PMFBY, the insurance claim for the damage of crop is calculated and paid when the actual/ average yield of village is less than threshold yield of block and since as per above said reports of Agriculture department itself, there was no loss to the above said crops in village Matar, therefore, complainant is not entitled to any claim amount/ compensation from any of the ops.
9. In view of our above discussion, we do not find any merit in the present complaint and same is 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
Dt. 19.03.2024. District Consumer Disputes Redressal Commission, Sirsa.
