Haryana

Kaithal

113/20

Jasbir Singh - Complainant(s)

Versus

State Bank Of India - Opp.Party(s)

Sh.J.S.Pannu

19 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KAITHAL.

                                                     Complaint Case No.113 of 2020.

                                                     Date of institution: 06.03.2020.

                                                     Date of decision:19.01.2023.

Jasbir Singh S/o Sampooran Singh aged 55 years, resident of Village Ahun, Tehsil Dhand, Distt. Kaithal.

                                                                        …Complainant.

                        Versus

1. State Bank of India, Pundri through its Manager, Grain Market Pundri, Distt. Kaithal.
2. The Oriental Insurance Company Ltd. through its Manager, Dhand Road, Kaithal.
3. Deputy Director, Agriculture and Farmer’s Welfare Department Kaithal Office at Room No.103, Secretariat, Kaithal.

..Respondents.

        Complaint under Section 12 of the Consumer Protection Act

CORAM:     DR. NEELIMA SHANGLA, PRESIDENT.

                SMT. SUMAN RANA, MEMBER.

                SH. RAJBIR SINGH, MEMBER.

       

Present:     Sh. J.S.Pannu, Advocate, for the complainant.   

                Sh. O.P.Gulati, Adv. for the respondent No.1.

                Sh. Sudeep Malik, Adv. for respondent No.2.

                Sh. Sunil Kumar, PO Reprt. for respondent No.3.

               

ORDER

DR. NEELIMA SHANGLA, PRESIDENT

        Jasbir Singh-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 agriculture land having 10 acre situated at Village Ahun, Distt. Kaithal.  It is alleged that the complainant has an account No.32825314208 with the respondent No.1 and the respondent No.1 had insured the crop of complainant under the Govt. scheme “Pardhan Mantri Fasal Bima Yojna” for the year 2018 with the respondent No.2 and deducted an amount of Rs.3569.31 paise in the name of ‘Crop Insurance’ from the account of complainant.  It is further alleged that in Kharif Season of 2018 the complainant had sown paddy crop upon these agriculture land but due to untimely heavy rainfall, the paddy crop of complainant was damaged/ruined due to “Rainwater lodging”.  The complainant reported the matter to respondent No.3, who in return inspected the agricultural field of complainant and assessed 75% damage of paddy crop.  The complainant lodged the claim with the respondent No.2 but the respondent No.2 did not settle the claim of complainant.  So, it is a clear cut case of deficiency in service on the part of respondents and prayed for acceptance of complaint.  Hence, this complaint.         

2.           Upon notice, the respondents appeared before this Commission and contested the complaint by filing their written version separately.  Respondents 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.3539.31 paise was debited from KCC account of complainant on 20.07.2018 for Fasal Bima Yojna of Kharif-2018.  Lateron consolidated premium amount of Rs.1223250.32 paise, which also includes the aforesaid premium of Rs.3569.31 paise debited from the KCC account of present complainant, was remitted was remitted to respondent No.2 in their account vide UTR No.SBIN218208266706 on 27.07.2018 alongwith premium amount of other farmers also.  It was the duty of respondent No.2-insurance company to compulsorily verify and to reconcile the data uploaded by the bank and to take necessary information and action regarding insurance policy of farmers through National Crop Insurance Portal within stipulated date/cut off date and in case of any deficiency/mismatch same would have to be reported to concerned bank branch/State.  On merits, the objections raised in the preliminary objections are reiterated and so, prayed for dismissal of complaint.

3.             Respondent 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 Ahun, District Kaithal, due to the reason mentioned as “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; 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 the 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, the 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 complainants 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, learned counsel for the complainant tendered into evidence affidavit Ex.CW1/A alongwith documents Annexure-C1 to Annexure-C4 and thereafter, closed the evidence on behalf of complainant.

6.           On the other hand, respondent No.3 tendered into evidence affidavit Ex.RW3/A alongwith documents Annexure-R1 to Annexure-R3, learned counsel for the respondent No.1 tendered into evidence affidavit Ex.RW1/A alongwith documents Annexure-R4 to Annexure-R10, respondent No.2 tendered into evidence affidavit Ex.RW2/A alongwith document Annexure-R11, and thereafter, closed the evidence on behalf of respondents.

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

8.             Sh. O.P.Gulati, Adv. for the respondent No.1-bank has stated that the amount of Rs.57,703.80 paise has already been given to the complainant on 05.07.2019 as per statement of account-Annexure-R7.  The Agriculture Department has assessed the loss to the tune of Rs.10,226.30 paise per acre.  Hence, for 6 acre 2 marla loss, the complainant is entitled for the amount of Rs.61,486/- (Rs.61,358/- for 6 acre+Rs.128/- for 2 marla loss).  It is clear that the amount of Rs.57,703.80 paise has already been given to the complainant.  Therefore, after deducting the amount of Rs.57,703.80 paise from the total compensation amount of Rs.61,486/-, balance amount of Rs.3782/- shall be paid by the respondent No.2-insurance company to the complainant.   

9.             Thus as a sequel of above discussion, we direct the OP No.2-insurance company to pay Rs.3782/- 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.3300/- 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.:19.01.2023.

  

                                                                (Dr. Neelima Shangla)

                                                                President.

 

       

(Rajbir Singh),            (Suman Rana),          

Member.                            Member.

 

Typed by: Sanjay Kumar, S.G.