BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 196 of 2021.
Date of Institution : 06.09.2021
Date of Decision : 16.10.2024.
Harmeet Kaur, aged about 63 years wife 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 she is an agriculturist and earning her livelihood by doing agricultural work and she has no other source of income. She is owner in possession of agricultural land (as detailed in para no.2 of the complaint) situated in village Habuana, Tehsil Dabwali, District Sirsa and has her bank account with op no.1 bearing number 02705115007997. That as per crop insurance scheme, op no.1 deducted premium amounts of Rs.16,105.13 and Rs.2079.39 on 31.07.2020 from the above said bank account of complainant for insurance of her 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.1,20,312.76 and Rs.6948.05 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 her claim but the ops after putting the matter off on one pretext or other have finally refused to admit her 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 and 2079.9 from the KCC account on 31.07.2020 and deposited the same with op no.2. An amount of Rs.6958.05 and Rs.1,20,312.78 has been credited in her 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 her coverage details in the NCI portal of Govt. of India as hereunder:-
Smt. Harmeet Kaur w/o Balour Singh Farmer ID 60005632 Application ID no. 040106201011052373802 uploaded by Oriental Bank of Commerce, Branch Mandi Dabwali, Sirsa for coverage of cotton crop in land survey no. 110/208 and land sub division no. 479/101 of village Habuana (295) Block Dabwali & District Sirsa (Kharif 2020).
Smt. Harmeet Kaur w/o Balour Singh Farmer ID 60005632 Application ID no. 040106201011052373801 uploaded by Oriental Bank of Commerce, Branch Mandi Dabwali, Sirsa for coverage of cotton crop in land survey no. 479/101 and land sub division no. 479/101 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 during Kharif 2020 season, therefore, area approach claim of Rs.6958.05 is already paid to the complainant farmer on 22.03.2021 as per PMFBY scheme. Further as there was shortfall in the actual yield for the insured cotton crop in village Habuana during kharif 2020 season, therefore, area approach claim of Rs.1,20,312.78 is already paid to the complainant farmer on 22.03.2021. It is further submitted that claim of Rs.2953.62 was returned to the op’s bank account due to incorrect IFSC bank code provided by the complainant. 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 her affidavit Ex. CW1/A and copies of documents Ex.C1 to Ex.C6.
7. Op no.1 has tendered affidavit of Sh. Vikas Kumar Sharma Branch Manager as Ex. RW1/A and statement of account Ex.R1. Op no.2 has tendered affidavit of Sh. Geddam Gandhi Raju Regional Manager as Ex. RW2/A and documents Ex. R1 to Ex.R12. 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 her cotton crop of Kharif 2020 in her agricultural land situated in village Habuana whereas from the revenue record placed on record by complainant herself i.e. jamabandi for the year 2017-2018 Ex.C1 and khasra girdawari for the year 2020-2021 Ex.C3 it is evident that complainant is having her land in village Habuana and Mangiana and accordingly op no.1 bank got insured the cotton crop of complainant of Kharif 2020 in her land measuring 3.95 hectare in village Habuana by paying premium amount of Rs.16105.13 to op no.2 and also cotton crop of complainant of Kharif 2020 in her land measuring 0.51 hectare in village Mangeana by paying premium amount of Rs.2079.39 to op no.2 as is evident from document Ex.R6. The op no.2 insurance company has already paid claim amount of Rs.1,20312.78 to the complainant for the loss of her cotton crop in her land measuring 3.95 hectare in village Habuana and Rs.6958.05 for the loss of her cotton crop in her land measuring 0.51 hectare in village Mangeana. Since as per report of agriculture department Ex.RW3/2, 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 and 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.1,20,314/- was payable to the complainant for the loss of her cotton crop of Kharif, 2020 in her 3.95 hectare of land in village Habuana and as such op no.2 has rightly paid the claim amount of Rs.1,20,312.78 to the complainant. In these circumstances, the complainant is not entitled to any other claim amount from any of ops.
10. 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.
