BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 235 of 2021.
Date of Institution : 20.09.2021.
Date of Decision : 13.05.2024.
Mahender Kumar @ Mahender Singh aged about 49 years son of Shri Jhandu Ram, resident of village Sherpura, Tehsil Nathusari Chopta, District Sirsa.
……Complainant.
Versus.
1. State Bank of India, Branch Sikanderpur, District Sirsa, through its Branch Manager.
2. Agriculture Insurance Company of India Limited, Regional Office, Cabin No.7, 3rd Floor, Agro Mall, Sector-20, Panchkula, through its Regional Manager.
3. Deputy Director of Agriculture, Sirsa.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
MRS.SUKHDEEP KAUR……………………….MEMBER.
SH. OM PARKASH TUTEJA…………………MEMBER
Present: Sh. Parveen Ahmad, Advocate for complainants.
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 35 of the Consumer Protection Act, 2019 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 land measuring 24 kanals 12 marlas situated in village Sherpura, Tehsil Nathusari Chopta, District Sirsa. The complainant had sown cotton crop in Kharif, 2020 season in his said land. He has raised crop loan under Kissan Credit limit facility of Rs.31,55,000/- from op no.1 against his land and as per policy of the Government of India namely Pardhan Mantri Fasal Bima Yojna, the op no.1 got insured the cotton crop with op no.2 after debiting a sum of Rs.2084/- on 29.07.2020 in the account of complainant as crop insurance premium. It is further averred that cotton crop of complainant of Kharif, 2020 and other farmers of village Sherpura was destroyed on account of natural calamities and op no.3 surveyed the fields of village Sherpura and submitted its report to ops no.1 and 2. The op no.2 thereafter settled the claim of the farmers of village Sherpura and paid the amount of loss to them but has not paid any claim to the complainant till date. It is further averred that complainant approached the ops and requested to pay claim of damages to his crop but they did not pay any heed in this regard 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 version raising certain preliminary objections. It is submitted that at the time of advancement of loan, the complainant has declared the schedule of crops sown in his land and he requested answering op to get his declared crops insured with op no.2. Accordingly answering op has transferred a sum of Rs.2084/- on 29.07.2020 to op no.2 on account of insurance premium for insurance of declared crops of complainant after debiting the same to the loan account of complainant. In this way declared kharif 2020 crop of complainant was got insured as per instructions of complainant with op no.2. It is further submitted that answering op has not charged any amount on account of any insurance from complainant for itself, hence there is no liability of answering op to indemnify the loss of crop of complainant, if any. 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 cotton crop of complainant in village Sherpura Block Nathusari Chopta, Sirsa was not insured with answering op during above mentioned season whereas paddy crop of complainant is insured on the NCI portal. As there was shortfall in the actual yield of insured paddy crop during Kharif 2020 season, therefore, area approach claim of Rs.13,258.83 is already paid on 22.07.2021 to the complainant. Thus, the eligible claims for the above mentioned season is already paid to the farmer and no other claim is payable as per PMFBY scheme 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.C4.
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.R11. OP no.1 has tendered affidavit of Ms. Geeta Gupta, Branch Manager as Ex.R1/R12 and statement of account Ex.R1/R13. 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, SA for op no.3 and have gone through the case file.
9. The complainant has claimed insurance claim for the damage of his cotton crop of Kharif, 2020. Whereas op no.2 insurance company has asserted that as paddy crop of complainant was got insured by op no.1 through portal, therefore, claim for damage of paddy crop of complainant to the tune of Rs.13,258.83 has already been paid to the complainant on 22.07.2021. The op no.2 has also placed on file document Ex.R7 and portal entry Ex.R8 which proves the fact that op no.1 bank uploaded the paddy crop of complainant on the portal. However, complainant has placed on file Khasra girdawari Ex.C2 from which it is evident that during Kharif, 2020 they had sown cotton crop in agriculture land. The op no.1 bank has failed to prove on record through any cogent and convincing evidence that complainant himself had declared that he is sowing paddy crop. The op no.1 has not placed on file any record of the bank or any declaration of complainant regarding sowing of paddy crop in Kharif season by complainant. So, it is proved on record that op no.1 bank wrongly uploaded the crop name of complainant on the insurance portal and as such op no.2 on the basis of paddy crop paid insurance claim for the damage of paddy crop of complainant in his 1.24 hectare of land on the basis of damage of paddy crop in village Sherpura. In so far as loss to the cotton crop of complainant is concerned, the op no.3 has placed on file report Ex.RW3/2 according to which the average yield of cotton crop of Kharif, 2020 in village Sherpura was 333.66 Kgs. per hectare and threshold yield of block Nathusari Chopta was 541.62 Kgs. per hectare. So as per this report and as per operational guidelines of PMFBY, there was loss to the cotton crop of complainant in Kharif, 2020. The sum insured amount of cotton crop in Kharif, 2020 was Rs.81,545/- as is evident from notification dated 15.07.2020. So, as per formula given in the operational guidelines of PMFBY, the complainant was entitled to receive insurance claim amount of Rs.38,825/- for the loss of his cotton crop of Kharif, 2020. Since the amount of Rs. 13,258.83 has already been paid to the complainant by op no.2, therefore, complainant is entitled to remaining claim amount of Rs.25,500/- in round figure from the op no.1 bank for uploading wrong crop of complainant on the portal because as per clause 17.2 of the operational guidelines of PMFBY in case where farmers are denied crop insurance due to incorrect/ partial/ non uploading of their details on portal, concerned banks/ intermediaries shall be responsible for payment of claims to them.
10. In view of our above discussion, we allow the present complaint qua op no.1 bank and direct the op no.1 bank to pay remaining insurance claim amount of Rs.25,500/- 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 above said amount of Rs.25,500/- from op no.1 bank alongwith interest at the rate of @6% per annum from the date of this order till actual payment. 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 period. However, complaint qua remaining 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. 13.05.2024. District Consumer Disputes
Redressal Commission, Sirsa.
