BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 15 of 2022.
Date of Institution : 10.01.2022.
Date of Decision : 08.05.2024.
Paras Ram @ Parsa Ram (now deceased ) son of Sh. Gorkha Ram, through his legal heirs: Krishan Lal now deceased through his legal heirs :-
- Krishna widow of Paras Ram
- Roshan Lal son of Paras Ram
- Parmod son of Paras Ram
- Mamta Devi daughter of Paras Ram
All residents of village Kusumbi, Tehsil and District Sirsa.
……Complainants.
Versus.
1. State Bank of India, Branch Ding Mandi, Tehsil and District Sirsa, through its Branch Manager/ authorized person.
2. Agriculture Insurance Company of India Ltd. Place B&C, 5th Floor, Block East Kidwai Nagar, New Delhi – 110023.
3. Deputy Director of Agriculture and Farmer Welfare, Sirsa.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act, 1986.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA………………….MEMBER
Present: Sh. Surender Jakhar, Advocate for complainants.
Sh. Vinay Gandhi, Advocate for opposite party No.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
Sh. Satish Kumar, Statistical Assistant for opposite party no.3.
ORDER
Initially the complainant Paras Ram has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as Ops) and after his death his above said legal heirs have been impleaded on his behalf.
2. In brief, the case of original complainant is that he is an agriculturist and having about five acres of land situated at village Sherpura, Tehsil and District Sirsa comprised in Khewat no. 241 and 434 vide jamabandi for the year 2017-18. He has availed KCC facility from op no.1 on his above said land through account number 31078050235. It is further averred that complainant had sown crop of cotton in about 1.78 hectares of land in Kharif, 2020 and same was insured by op no.1 as per crop insurance scheme with op no.2 and accordingly premium amount of Rs.7249.71 was debited by op no.1 on 31.07.2020 and was paid to op no.2 but they did not provide any copy of insurance policy. That cotton crop of complainant in Kharif, 2020 was destroyed on account of natural calamities, pests/ diseases and draught and complainant is entitled to get compensation to the tune of Rs.30000/- per acre. It is further averred that complainant approached the ops and requested to pay claim but on all the occasions the ops asked him to wait whereas other farmers of village Sherpura have already been compensated by op no.2. The complainant did not receive claim due to negligence of ops as he came to know that his land was shown in village Kusumbi instead of village Sherpura and as such ops have caused deficiency in service and unnecessary harassment to the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no1 filed written statement taking certain preliminary objections. It is submitted that the op bank had debited an amount of Rs.7249.71 from the account of complainant being the amount of insurance premium and sent/ transferred the amount into the account of op no.2 for and on behalf of complainant at the asking of complainant. The bank did not debit or send this amount to op no.2 company at its own level. The contract of insurance is in between complainant and op no.2 and op bank is not a party to the contract, in any manner and in case of any damages of crops of complainant, the insurance company is liable and responsible to indemnify the claim of complainant. 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 as per NCI portal coverage, the crop of complainant in village Sherpura, Sirsa was never got insured with the answering op during the above mentioned season whereas cotton crop of complainant village Kusambi (50), Sirsa is insured on the NIC portal. Therefore, complainant is not entitled to any claim for the crops in village Sherpura, Sirsa from insurance company under PMFBY during Kharif 2019 season. It is further submitted that as there was no shortfall in the actual yield of insured cotton crop in village Kusambi (50), therefore, no area approach claim is payable to the complainant farmer for Kharif 2020 season and only bank is responsible to pay the claim, if any to the complainant and prayer for dismissal of complaint made.
5. Op no.3 also filed written statement taking certain preliminary objections. It is submitted that only crop cutting experience report or report of survey of loss of crop is to be prepared by op no.3 and all other risks of coverage were to be finalized by the insurance company and there is no role of op no.3 in this regard. The yield basis claims are settled by insurance company only on completion of other necessary formalities as prescribed in operational guidelines of scheme which have already been given by op no.3 within specific time period and prayer for dismissal of complaint qua op no.3 made.
6. The complainant in evidence has tendered his affidavit Ex.CW1/A and documents Ex.C1 to Ex.C7.
7. On the other hand, op no.2 has tendered affidavit of Sh. Geddam Gandhi Raju, Regional Manager as Ex.R1 and documents Ex.R2 to Ex.R10. OP no.3 has tendered affidavit of Sh. Babu Lal, Deputy Director of Agriculture, Sirsa as Ex.R11 and notification dated 15.07.2020 Ex.R12. OP no.1 has tendered affidavit of Sh. Harmesh Kumar, Branch Manager as Ex. RW1/A and documents Ex.R1/1 and Ex.R1/2.
8. We have heard learned counsel for the parties as well as Sh. Satish Kumar, SA for op no.3 and have gone through the case file.
9. The agriculture department who is liable to conduct survey and to prepare loss report of crops of farmers has placed on file village wise tabulation sheet of sum insured and claim under PMFBY during Kharif, 2020 alongwith notification Ex.R12 in which it is reported that the average yield of cotton crop of village Sherpura in Kharif 2020 was 333.66 kgs. per hectare and threshold yield of block was 334.398 Kgs. per hectare. So, from this document it is proved on record that there was no loss of cotton crop in village Sherpura in Kharif, 2020 as average yield of village Sherpura remained almost same as of the block. As per operational guidelines of PMFBY, the loss of crop of concerned village is considered when the average yield of village remains below/ less than the threshold yield of block and since the average yield of cotton crop of village Sherpura in Kharif, 2020 and threshold yield of block was equal, so there was no loss to the cotton crop of complainant of Kharif, 2020. As such complainant/ LRs of deceased complainant who are also having their agricultural land in village Sherpura are not entitled to any insurance claim from any of the ops for cotton crop of Kharif, 2020.
10. 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 Member President
Dt. 08.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
