BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 197 of 2021.
Date of Institution : 06.09.2021
Date of Decision : 16.10.2024.
Dharmender Singh, aged about 39 years son of Shri Balour Singh, resident of village Mangeana, Tehsil Dabwali, District Sirsa. ……Complainant.
Versus.
1. Oriental Bank of Commerce, Mandi Dabwali Branch Office at Railway Crossing Road, Mandi 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. Sahil Chaudhary, 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 72 kanals 09 marlas (as detailed in para no.2 of the complaint) situated in village Habuana, Tehsil Dabwali, District Sirsa as per jamabandi for the year 2017-2019 and has his bank account with op no.1 bearing number 02705115008298. That as per crop insurance scheme, op no.1 deducted premium amount of Rs.16,105.13 on 31.07.2020 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.76,627.44 to the complainant. It is further averred that State Agencies and insurance company also inspected the site in village Habuana 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 op no.1 bank got insured the cotton crop under Pradhan Mantri Fasal Bima Yojna for Kharif season of 2020 with op no.2 and deducted total insurance premium of Rs.16105.13 from the KCC account on 31.07.2020 and deposited the same with op no.2. An amount of Rs.76,627.44 has been credited in his account on 22.03.2021 as claim of damaged kharif crop of 2020 and in case it is found that complainant is entitled to any other amount, then op no.2 may be held liable for the same being the insurer of the cotton crop in question. 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 on the basis of bank account number mentioned in the complaint, the complainant is found to be a loanee farmer whose notified crops were insured through Oriental Bank of Commerce by uploading his coverage details in the NCI portal of Govt. of India as hereunder:-
Sh. Dharemndra s/o Balour Singh Farmer ID 93174930 Application ID no. 040106201010957983901 uploaded by Oriental Bank of Commerce, Branch Mandi Dabwali, Sirsa for coverage of cotton crop in land survey no. 334 and land sub division no.502 of village Mangiana (282) Block Dabwali & District Sirsa (Kharif 2020).
4. It is further submitted that as per guidelines of PMFBY, in cases 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. Accordingly, answering op has considered the coverage details of the farmer as uploaded by the op bank in the NCI portal. It is further submitted that as there was shortfall in the actual yield for the insured cotton crop in village Mangiana (282) during Kharif 2020 season, therefore, area approach claim of Rs.76627.44 is already paid to the complainant farmer on 22.03.2021 as per PMFBY scheme. It is further submitted that as per NCI portal coverage the crop of complainant in village Habuana was not insured with the answering op during the above mentioned season whereas cotton crop of complainant in village Mangiana (282) is insured on the NCI portal, therefore, the complainant is not entitled to any claim for crops in village Habuana from op no.2 and op no.1 bank is responsible for the above said mistake as per operational guidelines of PMFBY. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
5. 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.
6. The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents Ex.C1 to Ex.C5.
7. Op no.1 has tendered affidavit of Sh. Vikas Kumar Sharma Branch Manager as Ex. RW1/A and documents Ex.R1 to Ex.R3. 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.
8. We have heard learned counsel for the parties and Smt. Kiran Rani, SA for op no.3 and have perused the case file carefully.
9. The complainant is seeking insurance claim for the damage of his cotton crop of Kharif, 2020 in his agricultural land situated in village Habuana and it is proved on record that he is having his agricultural land in village Habuana and not in village Mangeana whereas op no.1 bank while uploading the data of complainant on the insurance portal shown the land of complainant in village Mangeana as is evident from document Ex.R6 placed on file by op no.2 and accordingly op no.2 insurance company on the basis of loss of cotton crop in village Mangeana has already paid claim amount of Rs.76,627.44 to the complainant. So op no.1 bank is deficient in service for wrongly uploading the data of complainant on the portal and op no.1 bank is liable to pay remaining claim amount, if any to the complainant on the basis of loss of his cotton crop in his agricultural land situated in village Habuana as per operational guidelines of PMFBY. In this regard, op no.3 has placed on file report of Deputy Director of Agriculture, Sirsa as Ex. RW3/2 according to which the average yield of cotton crop of Kharif 2020 in village Habuana was 358.93 Kgs. per hectare and 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 his land situated in village Habuana. The sum insured amount of cotton crop in Kharif, 2020 was Rs.81545/- per hectare as per Haryana Govt. notification dated 15.07.2020 Ex. RW3/1, therefore, as formula given in the operational guidelines of PMFBY, the claim of Rs.1,12,000/- was payable to the complainant for the loss of his cotton crop of Kharif, 2020 in his 3.68 hectare of land in village Habuana. The op no.1 bank has also wrongly deducted the premium amount of Rs.16,105.13 for his 3.95 hectare of land whereas according to complainant himself he is owner in possession of land measuring 72 kanals 09 marlas which is equal to 3.68 hectare of land and as such op no.1 bank is also deficient in service in this regard. The complainant is entitled to remaining claim amount of Rs.35,372/- ( in round figure Rs.35,400/-) from op no.1 bank after deduction of amount of Rs.76,627.44 from the payable amount of Rs.1,12,000/- as op no.2 insurance company has already paid this amount of Rs.76,627.44 to the complainant and complainant is also entitled to compensation from op no.1 bank for above said deficiency in service and for harassment.
10. In view of our above discussion, we allow the present complaint qua opposite party no.1 bank and direct op no.1 bank to pay claim amount of Rs.35,400/- 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 said claim amount of Rs.35,400/- from op no.1 bank 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 against 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 President,
Dated: 16.10.2024. District Consumer Disputes
Redressal Commission, Sirsa.
