Haryana

Fatehabad

CC/361/2019

Ashok Kumar - Complainant(s)

Versus

Universal Sampo General Insurance - Opp.Party(s)

Pardeep Baniwal

19 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.            

                                                        Complaint Case No.361 of 2019.                                                              Date of Instt.: 29.08.2019.                                                                         Date of Decision: 19.12.2023.

 

1.Ashok Kumar son of 2.Smt.Parmeshwari wd/o 3.Sudesh Bala daughter of Ranvir son of Mahabir r/o village Jandwala Bagar Tehsil  & District Fatehabad.

                                                                            ...Complainants.

                                     Versus     

1.Universal Sompo General Insurance Company Limited  Plot No.EL-94, KLS Tower, TTC Industrial Area, MIDC Mhape, Nawi Mumbai-400710 through its Chairman cum Managing Director.

2.HDFC Bank Ltd. Branch Main Chowk, Fatehabad Road, Bhattu Kalan Tehsil & District Fatehabad through its Branch Manager.

                                                                                     ...Opposite parties

Complaint U/S 12 of Consumer Protection Act, 1986

Present:                  Sh.Pardeep Beniwal, Advocate for complainants.                                              Sh.U.K.Gera, Advocate for Op No.1.                                                                    Sh.Amit Wadhera, Advocate for Op No.2.                                 

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                                      DR.K.S.NIRANIA, MEMBER.

ORDER

SH. RAJBIR SINGH, PRESIDENT

                     Brief facts of the present complaint are that the complainants are owners in possession of land as mentioned in para No.1 of the complaint situated at Village Jandwala Bagar Tehsil & District Fatehabad. It is alleged that the complainants had sown cotton crop for the year 2018 on their land and had also availed Kisan Credit Card (KCC) facility bearing No.06048040002180; that the complainants got the standing crops insured with the Op No.1 and in this regard insurance premium to the tune of Rs.6811.20/- was debited from  their account by Op No.2 and credited in the account of Op No.1; that the crops of the complainant got damaged due to hailstorm and heavy storm, therefore, the complainants moved an application to the agriculture department and thereon the loss was confirmed by the concerned agriculture authorities; that despite several requests and serving of legal notice, the claim for lost crops has not been paid by the Ops, due to which complainants have suffered great financial losses. The act and conduct of the Ops clearly amounts to deficiency in service on their part.

2.                          On notice Ops appeared filed their separate replies. Op No.2 filed its reply wherein it has been submitted that the complainant has not submitted that the assessment report and even not intimated to it about the crop damaged, therefore, the complainants are not entitled for any relief as there is no deficiency in service and unfair trade practice on its part; that the complainant has even not submitted the repudiation letter, therefore, present complaint is liable to be dismissed. Other contentions of the complaint have been controverted and prayer for dismissal of the complaint has been made

 

3.                          Op No.2 filed the reply raising preliminary objections with regard to suppression of material facts, cause of action, maintainability and jurisdiction; that amount of premium of Rs.6811.20/- was debited for insuring the cotton crop- (Kharif - 2018) and further remitted the same to the Op No.1, therefore, being the insurer of the crop, the Op No.1 is liable to make the payment of loss of crop, if any; 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.

4.                          To prove his case, learned counsel for the complainant tendered into evidence affidavit of complainant as Annexure CW1/A alongwith documents Annexure C1 & Annexure C2. On the other hand, affidavit Ex.RA alongwith documents Annexure R1 to Annexure R3 have been placed on case file.

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

6.                          The complainants have alleged that their kharif crop 2018 season was damaged and the concerned department had assessed the loss to the tune of Rs.22433/- per hectare for loss of cotton in village Jandwala Bagar.

7.                          Undisputedly, the insurance company had accepted the payment qua insurance premium of crop and did not make the claim when the insured crop had already been reportedly damaged, meaning thereby that OP no.2/insurance company had accepted the premium without any objection and now when the damage to the crop of complainant has been caused, then OP no.2/insurance company arbitrarily and illegally denying to pay the genuine claim of the complainant. So, the OP no.1/insurance company is found deficient in service and is also found involved in unfair trade practice. In the given facts and circumstances of this case, the Op No.1/insurance company only is found liable to pay claim amount for the damages to the crop of complainants for kharif 2018 season and OP No.2/bank is not found responsible in this regard. There is nothing on the file to show that the complainant had ever intimated about the loss to the Ops within stipulated period as per the guidelines of the government with regard to loss of crop, therefore, localized claim has been rejected.  

8.                          Perusal of case file reveals that cotton crop on the land of complainants i.e. 95 kanal 1 marla which comes to 4.81 hectare and regarding this premium to the tune of Rs.6811.20/- was deducted 31.07.2018 as is admitted by Op No.2 in its written statement and the concerned Agriculture Department in the report has assessed the yield loss to the tune of Rs.22433/- per hectare therefore, it would be just and proper to give compensation to the complainants as assessed by the concerned agriculture department in its report for the insured crop only.

9.                          Thus, as a sequel to our above discussion, we allow the present complaint against OP No.1/insurance company with a direction as follows:

 (1)                       To pay an amount of Rs.107902/- as insurance claim amount on account of yield loss to the complainants for the damages of cotton crop of 2018, sown by them in 4.81 hectare.

(2)                        To pay a lump sum amount of Rs.11,000/- (Rs.Eleven Thousand) towards compensation for harassment and mental agony etc. suffered by the complainants as well as for litigation expenses.

                             The amount mentioned at Sr. No. (1) would carry simple interest @ 6 % per annum from the date of filing of the compliant till actual payment.  The order be complied within a period of 45 days from today, failing which the entire amount mentioned at Sr. Nos. (1) & (2) above would carry simple interest @ 9 % per annum from the date of this order till actual payment.  In the given facts and circumstances of this case, no deficiency is found on the part of OP no. 2/bank, therefore, complaint against Op No.2/bank stands dismissed. 

10.                        In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. This order be also uploaded forthwith on website of this Commission, as per rules, for perusal of parties herein. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated:19.12.2023

                                                                                                        

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