Haryana

Fatehabad

CC/19/2019

Ugger Sain - Complainant(s)

Versus

Union Bank Of India - Opp.Party(s)

Rajesh Sharma

03 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.19 of 2019.                                                                Date of Instt.:  04.01.2019.                                                                        Date of Decision: 03.03.2023.

Uggar Sain son of Amar Singh resident of village Dharnia Tehsil & District Fatehabad.

                                                                            ...Complainant.

                                     Versus     

1.Union Bank of  India, Branch Office, Fatehabad District Fatehabad  through its Branch Manager.

2.ICICI  Lombard General Insurance Company Limited, 4^th Floor, Red Fort Capital, Parsanath Tower, Bhai Vir Singh Marg, Gold Market, New Delhi-110001 through its Divisional Manager.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                  Sh.Rajesh Sharma, Advocate for complainant.                                            Sh.Sandeep Bhatia, Advocate for Op No.1.                                                           Sh.U.K.Gera, Advocate for Op No.2. 

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                  SH.K.S.NIRANIA, MEMBER.                                  

ORDER

SH. RAJBIR SINGH, PRESIDENT

                    In nutshell, the facts of present case are that the complainant is an agriculturist by profession and is having land situated at Village Dharnia Tehsil & District Fatehabad. It is alleged that the complainant had sown cotton crops/kharif crops on the land in question and had also availed Kisan Credit Card (KCC) facility with account No.354705030152314; that the complainant got the standing crop insured under the scheme “Pardhan Mantri Fasal Bima Yojna” with the Op No.2 on 31.07.2017 and in this regard an amount of Rs.2947.23 was debited from his account by Op No.1 as premium of the insurance in question, which was credited in the account of Op No.2; that due to bad weather and other natural calamities, the sown cotton crop of the complainant in 40 kanal 15 marlas land got damaged and complainant intimated agriculture department/Ops to inspect the loss suffered; that the losses were assessed Rs.20,000/- per hectare; that despite several requests and even serving of legal notice upon the Ops, the claim for lost crops has not been paid by the Ops, due to which complainant has suffered great financial losses. In the end, prayer has been made for allowing compensation for lost crops in sum of Rs.40,000/ alongwith interest @ 18 % per annum. Rs.25,000/- also claimed towards mental agony and harassment has also been claimed. Any other relief at the discretion of this Commission also sought.

2.                          Upon notice, the OPs-respondents appeared before this Commission and contested the complaint by filing their replies separately.  Op No.1 filed the reply raising preliminary objections with regard to maintainability, cause of action, suppression of material facts and complainant does not fall under the definition of consumer etc.; that amount of premium was debited from the loan account of the complainant on account of premium of crop insurance and  thereafter it was sent to Op no.2/insurance company but due to non submission of requisite document like aadhar card, the premium of the insurance was returned back which was sent to the complainant through demand draft; that there is no deficiency in service on the part of answering Op. On merits, the objections raised in the preliminary objections are reiterated and so, prayer for dismissal of complaint has been made.

3.                          Op No.2 filed its separate reply wherein it has been submitted that the reason for loss mentioned in the assess report has not been covered under the terms and conditions of the policy; that the role of the insurance company is only to pay the claim in accordance with the “Pardhan Mantri Fasal Bima Yojna” but the insurance company cannot be held liable for any mistake done by either complainant or the bank of the complainant; that the complainant has never intimated to the answering Op for alleged loss of crop despite the fact that it had to be submitted within 48 hours, therefore, due to this further process such as survey of damaged field could not be conducted; that only localized claims were to be decided by the answering Op and other risks were to be handled by the government agencies; that there is no deficiency in service on the part of answering Op.  Other contents mentioned in the complaint have been contorverted and prayer for dismissal of complaint.

 

 

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant Ex.CW1/A, affidavit of  Krishan son of Sher Singh r/o village Dharnia as Ex.CW2/A, affidavit of Hari Singh son of Har Lal resident of village Dharnia as Ex.CW3/A alongwith documents Anneuxre-C1 to Annexure-C11 and thereafter, closed the evidence on behalf of complainant.

 5.                     On the other hand, learned counsel for the respondent No.1 tendered into evidence affidavit of Sh.Munish Kumar Bansal, Branch Manager, Ex.RW1/A alongwith documents Annexure-R1 & Annexure-R2 whereas OP No.2 did not produce any evidence despite availing several opportunities, so, the evidence of OP No.2 was closed vide commission order dt.19.07.2022.

6.                          We have heard oral final arguments from both sides and perused the case file minutely.

7.                          The complainant in order to prove his case has produced various documents such as Annexure C1 (statement of bank account), Annexure C2 copy of legal notice, Annexure C3 & Annexure C4 postal receipts, Annexure C5 copy of Jamabandi, Annexure C6 copy of khasra girdwari, Annexure C7 copy of jamabandi, Annexure C8 copy of pass book of bank account, Annexure C9 copy of Aaadhar Card, Annexure C10 copy of jamabandi and Annexure 11 copy of pass book of bank account besides Affidavits Ex.C1/ A to Ex.C3/A.

8.                          It is worthwhile to mention here that it is a settled principle of law that the complainant has to stand on his own legs to prove his/her case without taking the benefit of opposite side but in the present case, the complainant has not led any satisfactory evidence either oral or documentary qua getting the alleged loss of crop concerned inspected, through any expert/competent authority.  The complainant has also not explained on the case file as to when the intimation about the alleged loss of crop was ever given to the any of the Ops and without intimation the Ops were unable to conduct the survey qua the damaged crops and without survey the Ops cannot assess the loss of damaged crop, therefore, we have no hitch to reach at a conclusion that the complainant has not been able to prove his case by leading cogent and clinching evidence.

9.                          On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of any of the Ops, as alleged, so as to make any of them liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

 

Announced in open Commission.                                                            Dated: 03.03.2023

                                                                                                        

          (K.S.Nirania)                       (Harisha Mehta)                (Rajbir Singh)                              Member                               Member                                             President