BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 198 of 2021.
Date of Institution : 06.09.2021
Date of Decision : 16.10.2024.
Balour Singh, aged about 67 years son of Shri Jung Singh, resident of village Mangiana, Tehsil Dabwali, District Sirsa. ……Complainant.
Versus.
1. Union Bank of India, Branch Office at Chautala Road, Dabwali, Tehsil Dabwali, District Sirsa, through its Branch Manager.
2. Agriculture Insurance Company India Limited, Cabin No.7, 3rd Floor, Agrou Mall, Sector 20, Panchkula- 134117 through its Branch Manager.
3. Deputy Director, Agriculture Department, Sirsa.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SHRI PADAM SINGH THAKUR…………….PRESIDENT.
SMT. SUKHDEEP KAUR…………………….MEMBER
Present: Sh. B.L. Narula, Advocate for complainant.
Sh. S.L. Sachdeva, Advocate for opposite party no.1.
Sh. A.S. Kalra, Advocate for opposite party no.2.
Smt. Kiran Rani, Statistical Assistant for opposite party no.3.
ORDER
In brief, the case of complainant is that he is an agriculturist and earning his livelihood by doing agricultural work and he has no other source of income. He is owner in possession of agricultural land measuring 68 kanals 07 marlas (as detailed in para no.2 of the complaint) situated in village Mangeana, Tehsil Dabwali, District Sirsa as per jamabandi for the year 2016-2017 and has his bank account with op no.1 bearing number 2381001507633. That as per crop insurance scheme, op no.1 deducted premium amount of Rs.8250/- on 30.07.2020 from the above said bank account of complainant for insurance of his kharif crop of 2020. It is further averred that cotton crop of Kharif 2020 of complainant was badly damaged and agriculture department inspected the spot and assessed the loss of crop of complainant to the extent of 70% due to less rain and natural calamities and as such complainant suffered heavy loss to the tune of Rs.40,000/- per acre whereas ops have paid Rs.39,253/- to the complainant. It is further averred that State Agencies and insurance company also inspected the site in village Mangeana and they have also observed and reported that cotton crop has been damaged and complainant could not receive full crop and suffered above said loss and as such complainant is entitled to get remaining claim amount from ops. The complainant approached and requested the ops many times to admit his claim but the ops after putting the matter off on one pretext or other have finally refused to admit his claim and have caused deficiency in service and unnecessary harassment to the complainant. Hence, this complaint.
2. On notice ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that on the asking of complainant, the answering op has got insured the declared Kharif 2020 crops of complainant with op no.2. Accordingly answering op has deducted a sum of Rs.8250.03 on account of insurance premium from the loan account of complainant and transferred the same to op no.2 for insurance of crops of Kharif 2020 of complainant which has not been refunded by op no.2. It is further submitted that as per information of answering op, the insurance company has paid a sum of Rs.39,253.23 to the complainant on 22.03.2021 on account of compensation which has been credited to the loan account of complainant. The answering op has not charged any penny for itself on account of any insurance of the crops of complainant, hence there has been no liability of answering op to indemnify the loss of complainant, if any. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
3. Op no.2 also filed written version submitting therein that as per insurance coverage of cotton crop of complainant uploaded by bank of complainant, since there was shortfall in the actual yield for the insured cotton crop in village Mangiana Block Dabwali, District Sirsa during Kharif, 2020 season, therefore, area approach claim of Rs.39,253.23 during Kharif 2020 season is already paid to the complainant farmer on 22.03.2021 as per PMFBY scheme. It is further submitted that eligible claims of complainant in village Mangiana for insured cotton crop are already paid by answering op as per PMFBY scheme and no other claims are payable to the complainant farmer for Kharif 2020 season. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. Op no.3 also filed written version raising certain preliminary objections. It is submitted that only crop cutting experience report or 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. It is further submitted that yield basis claims are settled by the 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 as prescribed in the operational guidelines of the Government of India. Remaining contents of complaint are also denied and prayer for dismissal of complaint qua op no.3 made.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents Ex.C1 to Ex.C7.
6. Op no.1 has tendered affidavit of Sh. Sukhmeet Singh Branch Manager as Ex. RW1/A and documents Ex.R1/1 and Ex.R1/2. Op no.2 has tendered affidavit of Sh. Geddam Gandhi Raju Regional Manager as Ex. RW2/A and documents Ex. R1 to Ex.R11. 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.
7. We have heard learned counsel for the parties and Smt. Kiran Rani, SA for op no.3 and have perused the case file carefully.
8. The complainant is seeking insurance claim for the damage of his cotton crop of Kharif 2020 in his 68 kanals 07 marlas of agricultural land situated in village Mangeana. However, from the assessment form for short term loan (crop loan) Ex.R1/2, it is evident that complainant declared that he will sow cotton crop in his five acres of land and as such op no.1 deducted premium amount for insuring cotton crop of complainant of Kharif, 2020 in his 2.02343 hectare of land with op no.2. The op no.3 has placed on file report of Deputy Director of Agriculture department, Sirsa as Ex.RW3/2 according to which the average yield of cotton crop of Kharif 2020 of village Mangiana was 436.64 Kgs. per hectare whereas threshold yield of block Dabwali was 572.94 Kgs. per hectare. So as per this report there was also loss to the cotton crop of complainant in Kharif, 2020. The sum insured amount of cotton crop in year 2020 was Rs.81,545/- per hectare as is evident from Haryana Govt. notification dated 15.07.2020. So, as per formula given in the operational guidelines of PMFBY, the complainant was entitled to receive claim amount of Rs.39,253/- from op no.2 being insurer of his said cotton crop of Kharif, 2020 and as such op no.2 has rightly paid claim amount of Rs.39,253/- to the complainant for loss of his cotton crop of Kharif, 2020 in his five acres of land. As such complainant is not entitled to any other claim amount from any of ops.
9. 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 President,
Dated: 16.10.2024. District Consumer Disputes
Redressal Commission, Sirsa.
