BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 453 of 2019.
Date of Institution : 09.08.2019.
Date of Decision : 29.02.2024.
Hari Ram @ Hari Singh son of Shri Birbal son of Shri Shree Ram, resident of village Mammer Khera, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
1. State Bank of India, Near Old Bus Stand, Rania Branch, District Sirsa, through its Branch Manager.
2. The Oriental Insurance Company Ltd., Crop Cell, Head Office, New Delhi, A-25/27, Asaf Ali Road, Pin Code- 110002.
3. Deputy Director of Agriculture, 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. Abhay Singh, Advocate for complainant.
Sh. S.L. Sachdeva, 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
The complainant has filed the present complaint under Section 12 of Consumer Protection Act, 1986 against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant is that he is an agriculturist and is owner in possession of agricultural land i.e. 1/4th share of total land measuring 127 kanals 6 marlas comprised in Khewat No. 263, Khatuni No. 356, Kittas 23, 1/8th share of total land measuring 63 kanals 6 marlas comprised in Khewat No.257, Khatuni No. 345 and 346 Kittas 8, and 3/16 share of total land measuring 20 kanals 7 marlas comprised in Khewat no. 499, Khatuni No. 626 Kittas 5 as per jamabandi for the year 2016-17 situated in village Mammer Khera, Tehsil Rania, District Sirsa. That above said land has been mortgaged with op no.1 bank and complainant is having his Kisan Credit Card vide account No. 32432051037. It is further averred that on 28.07.2018 a sum of Rs.2261/- as insurance premium was debited from the bank account of complainant by op no.1 bank for insurance of his cotton crop of Kharif, 2018 and said crop was damaged due to natural calamities. The op no.3 assessed the loss to the crop of complainant and other farmers have already received compensation but complainant was not given any compensation rather op no.1 bank credited the above said premium amount of Rs.2261/- in the bank account of complainant on 20.06.2019 i.e. after delay of about 11 months which is wrong and illegal. That complainant approached the op no.3 bank and requested to disclose the name of insurance company but op no.1 bank declined the request of complainant and all his efforts to get compensation have been in vain and act and conduct of the ops comes under the ambit of deficiency in service due to which complainant has suffered unnecessary harassment. Hence, this complaint seeking compensation of Rs.50,000/- alongwith amount of Rs.45,100/- for loss of crop at the rate of Rs.8200/- per acre and also seeking litigation expenses.
3. On notice, ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that Central Government has launched Pardhan Mantri Fasal Beema Yojna for agriculturist. As per this scheme Aadhar Card was mandatory and in its absence Aadhar number of the complainant as required by insurance company could not be uploaded on its portal. The complainant has availed loan facility from answering op, hence his crops were required to be insured with insurance company. Consequently the answering op requested the complainant so many times for the supply of copy of his aadhar card so that the crops of complainant could be insured. The answering op has written so many letters/ reminders to the complainant time and again. But inspite of oral as well as written request of answering op the complainant has failed to supply his aadhar card to the answering op. It is further submitted that however answering op has deducted a sum of Rs.2261/- on account of insurance premium from the loan account of complainant for insurance of Kharif, 2018 crop of complainant and transferred the same to the account of insurance company. Thereafter, also the answering op has informed the complainant for supply of aadhar card and warned him that if he failed to supply the same, he will not be entitled for any insurance benefits. It is further submitted that the crops of complainant has not been insured with any insurance company because complainant has failed to supply his aadhar card. That it is the insurance company who has received the amount of insurance premium from the complainant on account of insurance of the crops of the complainant as declared by him, hence it is the liability of the insurance company to indemnify the loss if any of the crops the complainant. The answering op has not charged any penny for itself on account of any insurance of the crops, hence there has been no liability of the answering op to pay any compensation to the complainant. It is further submitted that insurance company has refunded the amount of insurance premium so received by it in the month of June, 2019 after a gap of ten months. As per norms of insurance company, it is the responsibility of the company to verify the data of insured farmers and all his required credentials as provided by the bank on its own cost within two months of the cut off date i.e. 31.08.2018, failing which at a later stage it will be binding on the insurance company to pay the claim. It is the insurance company who had withheld the amount of insurance premium with it and has failed to verify the data of the complainant, hence the insurance company is liable to indemnify the loss of crops of complainant, if any. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.2 also filed written statement raising certain preliminary objections. It is submitted that alleged crop of complainant was/is not insured with answering op as answering op did not receive any premium against this very account number, name of farmer and land mentioned and referred by complainant. However, if bank had failed to pay the premium of insurance for getting the coverage of insurance of crop of complainant of said village, in that eventuality, answering op cannot be held liable to make payment of any damages, compensation to the complainant and in case of failure to get the insurance coverage got done by the banker by ensuring the payment of premium with correct data, detail record about name of farmer, crop, village etc. as per operational guidelines on the portal meant for this purpose, wherefrom the record is taken by insurance company and coverage is done, then only bank is liable. On the portal there is no entry of coverage against the account number of complainant. Remaining contents of complaint are also denied to be wrong 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.C5.
7. On the other hand, op no.1 has tendered affidavit of Sh. Sanjay Sinha, Branch Manager as Ex. RW1/A and documents Ex. R1/1 to Ex.R1/5. Op no.2 has tendered affidavit of Ms. Puja Tapwal, Incharge Legal Hub as Ex.RW2/A and operational guidelines of PMFBY Ex. R2/1. Op no.3 has tendered affidavit of Sh. Sukhdev Singh, Deputy Director of Agriculture, Sirsa as Ex. RW3/A and documents Ex. RW3/1 and Ex. RW3/2.
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 carefully.
9. From the copy of statement of account placed on file by complainant as Ex.C3 and also placed on file by op no.1 bank as Ex.R1/1, it is evident that on 28.07.2018 op no.1 bank deducted premium amount of Rs.2261/- from the account of complainant for insurance of his cotton crop of Kharif, 2018 with op no.2 insurance company. The complainant in order to prove loss to his cotton crop of Kharif, 2018 has also placed on file report/ letter of the Deputy Director of Agriculture department, Sirsa as Ex.C5 in which it is reported that average yield of cotton crop of village Mammer Khera in Kharif, 2018 was 398.83 Kgs. per hectare and threshold yield of Rania block was 548.10 Kgs. per hectare and as such it is proved on record that there was also loss to the cotton crop of complainant in Kharif, 2018 in his agricultural land situated in village Mammer Khera. However, premium amount of Rs.2261/- deducted by op no.1 bank was refunded back to the complainant on 20.06.2019 after about 11 months. Though op no.1 bank has claimed that as complainant did not provide copy of his aadhar card despite several letters, so his crop could not be insured with op no.2 and as such premium amount was refunded bank to the complainant and has also placed on file letters dates 02.06.2018, 21.06.2018, 06.07.2018 and 23.07.2018 as Ex.R1/2 to Ex.R1/5 but op no.1 bank has failed to prove on record through any cogent and convincing evidence that said letters were ever received by complainant. The op no.1 bank has not placed on file receipts of complainant in this regard. The op no.1 bank has also not placed on file any dispatch register or postal receipts on file to prove the fact that actually these letters were dispatched/ sent to the complainant, therefore, possibility of preparation of these letters at a belated stage cannot be ruled out and preparation of the same is an afterthought to escape from legal liability. The op no.1 bank has failed to prove on record through cogent and convincing evidence that op no.1 bank actually demanded aadhar card from the complainant and complainant has suffered financial loss due to damage to his cotton crop of kharif, 2018 due to negligence and mistake on the part of op no.1 as his particulars were not uploaded on the portal by op no.1 bank. As such complainant is entitled to claim amount of Rs.45,100/- as claimed by complainant from op no.1 bank for the loss of his cotton crop in Kharif, 2018 besides compensation for harassment.
10. In view of our above discussion, we allow the complaint qua opposite party no.1 bank and direct the op no.1 bank to pay the claim amount of Rs.45,100/- to the complainant within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the said amount of Rs.45,100/- alongwith interest at the rate of @6% per annum from the date of this order till actual realization. We also direct the op no.1 bank to further pay a sum of Rs.10,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. However, complaint qua ops no.2 and 3 stands dismissed. 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. 29.02.2024. District Consumer Disputes
Redressal Commission, Sirsa.
