BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 319 of 2019
Date of Institution : 18.06.2019
Date of Decision : 19.02.2020.
Kirpa Ram, aged 77 years, son of Shri Khumana Ram, resident of village Handi Khera, Tehsil and District Sirsa.
……Complainant.
Versus.
State Bank of India, Branch Sikanderpur, Tehsil and District Sirsa, through its Branch Manager.
...…Opposite party.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SMT. SUKHDEEP KAUR…………… MEMBER
Present: Sh. M. K. Singla, Advocate for the complainant.
Sh. S.L. Sachdeva, Advocate for opposite party.
ORDER
In brief, the case of the complainant is that complainant is owner as co-sharer of land measuring 21 Kanal 6 marlas being ½ share of land measuring 42 Kanal 12 Marlas situated in village Handi Khera, Tehsil and District Sirsa. That in this land, co-sharer Hari Singh has sold out land measuring 4 kanal 1 marla to Radhe Shyam and Sultan and they are continuing in possession of said land. Out of the remaining 38 kanal 11 marlas land, complainant is owner in possession of 21 kanal 6 marlas. In Sawni/ kharif 2016 crop season, the complainant and other co-sharer Hari Singh had sown paddy crop in land measuring 15 kanal 12 marlas and in 21 kanal 19 marlas of land had sown cotton crop. The share of complainant in cotton crop comes to 12 kanal 13 marlas. That complainant is also owner in possession of land measuring 12 kanal 11 marlas being 503/970 share of land measuring 24 kanal 5 marlas comprising in Khewat No.29 situated in village Handi Khera, Tehsil and District Sirsa in his capacity as co-sharer. The complainant and other co-sharer Hari Singh had sown cotton crop in Sawni/ kharif 2016 crop season in the aforesaid 24 kanal 5 marlas of land and thus complainant had sown cotton crop in his total 24 kanal 14 marlas of land, which comes to 1.235 hectares. That complainant availed crop loan from op vide KCC account number 32875659335 against mortgaged of his land and as per Govt. policy and guidelines, the bank had to get the crop grown in mortgaged land insured with some insurance company and to deduct the premium from said crop loan account of the borrower. That in the account of complainant, op deducted a sum of Rs.1791/- as insurance premium for kharif 2017 crop season. However, the yield from the said crop was quite less than expected and standard yield. It is further averred that since the average yield of cotton crop in Kharif 2017 remained quite less in village Handi Khera, therefore, farmers of village whose crops were insured got the compensation amount from the banks, but the complainant did not get any compensation for his above cotton crop. That complainant visited the op bank in this regard but op told the complainant that paddy crop of complainant was got insured, therefore, complainant cannot get compensation for his cotton crop. The complainant then disclosed the fact to the op that he had never sown paddy crop, rather had sown cotton crop in his above land, but the op did not pay any heed to the complainant. That thereafter, the complainant sent a registered letter to the ICICI Lombard Insurance Company on 8.4.2019 and reported the above incidence, but the insurance company did not give any reply to the same. It is further averred that complainant is entitled to get amount of compensation of Rs.35,650/- alongwith interest at the rate of 12% per annum from due date till its realization. That op has committed gross deficiency in service towards the complainant and has caused unnecessary harassment and mental tension. Hence, this complaint.
2. On notice, opposite party appeared and filed reply raising certain preliminary objections regarding non serving of prior notice, estoppal, maintainability, cause of action, concealment of material facts, no consumer dispute and that complaint is hopelessly time barred and that complaint is bad for non joinder of necessary parties. The insurance company with whom the crops of complainant has been insured has not been impleaded as party to the complaint. On merits, it is submitted that complainant at the time of advancement of loan has himself declared that he has sown kharif crop i.e. paddy crop in the month of June-July to be harvested in the month of November and paddy crop in the month of June and to be harvested in the month of October, likewise he will sow wheat crop in the month of November and to be harvested in the month of April. Accordingly, he got his above said crops insured through answering op and amount of premium has been debited to his loan account and has been credited to the account of insurance company as per norms and with the consent and knowledge of complainant and has been deducted in presence of complainant who authorized/ instructed the answering op for doing insurance of his crops as mentioned in the application which is duly signed by him. Accordingly, the answering op has applied to the insurance company for insurance of the crops of complainant as told by complainant which crops are also mentioned in the application form. It is further submitted that cotton crop of complainant was never insured and no premium on account of insurance of cotton crop was ever debited by answering op. If the complainant has sown cotton crop in his field, then he has himself violated the terms and conditions of loaning documents as well as insurance rules/ policy. Moreover, the complainant never approached to the answering op, hence question of denial by answering op does not simply arise. It is further submitted that complainant never submitted any application for the above said discrepancy to the answering op. Remaining contents of complaint are also denied and prayer for dismissal of complaint made.
3. The parties then led their respective evidence.
4. We have heard learned counsel for the parties and have gone through the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 in which he has deposed and reiterated all the averments made in the complaint. He has also furnished copy of jamabandi for the year 2016-2017 Ex.C2, copy of khasra girdawari Ex.C3, copy of pass book Ex.C4, certificate of bank Ex.C5, yield report of agriculture department Ex.C6, copy of application Ex.C7 and copy of postal receipt Ex.C8. On the other hand, op has furnished affidavit of Sh. O.P. Meela Branch Manager as Ex.R1 and copy of statement of account Ex.R2.
6. As per allegations of complainant, he had sown crop of cotton in his agricultural land in kharif, 2017 and same was got insured through op no.1 which deducted amount of Rs.1791/- as insurance premium from KCC account of complainant which is evident from certificate of op bank Ex.C5. The complainant has also tendered copy of jamabandi Ex.C2 to prove his ownership and has also tendered copy of khasra girdawari Ex.C3 and has also tendered copy of the report duly prepared by Assistant Statistical Officer of agriculture department Ex.C6 according to which average yield of cotton crop of village Handi Khera of kharif, 2017 is 332.50 Kg. per hectare and threshold yield of block is 640.80 kg. per hectare and as such he has claimed compensation for the loss of crop. But perusal of evidence of op reveals that op has furnished affidavit of Sh. O.P. Meel, Branch Manager as Ex.R1 in which he has deposed and reiterated all the averments made in the written statement. He has specifically deposed that at the time of advancement of loan, the complainant has declared the schedule of crops to be sown in his fields i.e. kharif crop in June-July, November paddy, bajra crops and June- October paddy crop and Rabi crop between November to April wheat. He has further deposed that on the request of complainant, the op bank debited the amount of insurance premium to the loan account of complainant and has transferred the same to the insurance company for the insurance of declared crops of complainant where upon the insurance company has insured paddy crop of complainant. The complainant has not placed on record any document from which it could be presumed that complainant at the time of advancement of loan did not give the schedule of above said crops to the op bank. The op bank had deducted the premium from the account of complainant and got paddy crop insured for kharif, 2017 and never got insured the cotton crop from the insurance company as claimed by complainant. The complainant has also not impleaded the insurance company as a party to whom the amount of premium was transferred for the reason best known to him and same also goes to prove that cotton crop of complainant was not insured by op bank. Since cotton crop of complainant was not got insured by complainant nor any intimation qua change of pattern of crop was ever given by complainant to op bank, so it appears that complainant is not entitled for loss of cotton crop which was not duly insured with insurance company and for which premium was not deducted by op bank.
7. In view of our above discussion, the complainant has failed to prove his allegations made in the complaint by leading cogent and convincing evidence. As such complaint of complainant is hereby dismissed but with no order as to costs. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:19.02.2020. Member District Consumer Disputes
Redressal Forum, Sirsa.
