BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 203 of 2020.
Date of Institution : 21.09.2020.
Date of Decision : 20.09.2023.
Krishan Lal aged about 56 years son of Sh. Dhallu Ram, resident of #337, Sector-20, Part-I, HUDA, Sirsa, Haryana.
……Complainant.
Versus.
1. Agriculture Insurance Company, Plate B & C, 5th Floor, Office Block 1, East Kidwai Nagar, Opp. AIIMS Gate 2, New Delhi- 110023.
2. Oriental Bank of Commerce (Punjab National Bank w.e.f. 01.04.2020) through its Manager, Branch Sahah Satnam Ji Nagar, Sirsa, Haryana.
...…Opposite parties.
Complaint under Section 35 of the Consumer Protection Act, 2019.
Before: SH. PADAM SINGH THAKUR ………………PRESIDENT
SMT. SUKHDEEP KAUR……………………MEMBER
SH. OM PARKASH TUTEJA………………..MEMBER
Present: Sh. Parveen Godara, Advocate for complainant.
Sh. A.S. Kalra, Advocate for opposite party No.1.
Sh. Ravinder Chaudhary, Advocate for opposite party no.2.
ORDER
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred as OPs) seeking insurance claim amount for the loss of his paddy crop of Kharif, 2019 season.
2. In brief, the case of the complainant is that complainant is having 24 kanals 07 marlas of agricultural land in the revenue estate of village Talwara Khurd, District Sirsa as per jamabandi for the year 2007-2008. The complainant is having account bearing number 09895111005942 with op no.2 and is also having Kisan Credit Card. It is further averred that as per notification of Government of India, complainant got insured his paddy crop of Kharif, 2019 in his 24 kanals 07 marlas of land from op no.1 through op no.2 and accordingly premium amount of Rs.1892.10 was deducted by op no.2 from the account of complainant on 15.07.2019. That complainant also inquired from op no.2 in this regard upon which op no.2 told him that his premium for insurance of his paddy crop of kharif, 2019 has been deposited with insurance company i.e. op no.1 but to the surprise of complainant, the above said premium amount was deposited back in his account on 16.08.2019 that too after due date for crop insurance premium payment. It is further averred that paddy crop of complainant of kharif, 2019 season was damaged and paddy crop loss report was prepared by op no.1 alongwith the Department of Agriculture, Haryana and as per the loss report, the insurance claim of Rs.12,000/- per acre was given to the farmers of village Talwara Khurd, District Sirsa but complainant has not received any insurance claim on account of loss of his paddy crop of kharif, 2019 due to negligence on the part of ops. That thereafter complainant approached the ops and requested them to pay insurance claim but they did not pay any heed to his requests and have caused unnecessary harassment, mental agony and deficiency in service towards complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version submitting therein that claims are payable as per the provisions of Pradhan Mantri Fasal Bima Yojana and State Govt. Notification. The complainant Krishan Lal was not insured during kharif, 2019 season as no crop insurance coverage details of this complainant farmer are available on the NCI-portal under PMFBY scheme. Thus, no claim is payable to the complainant farmer for the above mentioned season. It is further submitted that as the bank/ intermediary has not uploaded the data on the National Crop Insurance Portal, only the bank/ intermediary can be held liable for the compensation as per the provisions of PMFBY and State Govt. notification. With these averments, prayer for dismissal of complaint qua op no.1 made.
4. Op no.2 also filed written version submitting therein that the bank has debited the premium amount from the account of complainant as insurance premium for kharif, 2019 and was to be remitted to agriculture insurance company i.e. op no.1. As per clause 6.3.1 of revised operational guidelines of PMFBY, the aadhar had been made mandatory for availing crop insurance from Kharif 2017 season onward, as such detail regarding above said account could not be uploladed on the portal of the insurance company due to non availability of the aadhar card. It is further submitted that the borrowers of the bank had been advised to deposit the aadhar card but the complainant had not deposited the same and there is no deficiency of service on the part of answering op and prayer for dismissal of complaint made.
5. The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents i.e. voter card Ex.C1, pass book Ex.C2, jamabandi for the year 2007-2008 Ex.C3, statement of account Ex.C4 and aadhar card Ex.C5.
6. On the other hand, op no.2 has tendered affidavit of Sh. Surender Singh, Branch Manager as Ex.R1 and copies of documents i.e. statement of account Ex.R2, vouchers Ex.R3, Ex.R4 with list of farmers whose premium amounts were deducted, voucher regarding reversal of the premium amount Ex.R6 with list of farmers (it should be Ex.R5).
7. OP no.1 has tendered affidavit of Sh. Jaspal Singh Khurmi, Regional Manager as Ex.R7, letters of Government of India Ex.R7/1, Ex.R8 to Ex.R11 and operational guidelines of PMFBY Ex.R12, letter of op no.1 dated 27.05.2019 Ex.R13 and Haryana Govt. notification dated 24.05.2019 Ex.R14.
8. We have heard learned counsel for the parties and have gone through the case file carefully.
9. It is an admitted and proved fact on record that complainant has availed crop loan facility from op no.2 bank through Kisan Credit Card on his land measuring 24 kanals 07 marlas and as such as per operational guidelines of PMFBY Ex.R2 and as per Haryana Govt. notification dated 24.05.2019 Ex.R14, all farmers availing seasonal agricultural operation (SAO) loans from financial institutions (i.e. loanee farmers) for the notified crops are to be covered compulsorily. It is also proved on record from the copy of pass book as well as statement of account of complainant Ex.C2 and Ex.C4 that on 15.07.2019 premium amount of Rs.1892.10 was deducted from the account of complainant by op no.2 bank for insurance of his paddy crop of kharif, 2019 as per crop insurance scheme of the Government of India. The op no.1 insurance company has categorically averred that crop of complainant of kharif, 2019 was not insured with it. It is also a proved fact that premium amount deducted on 15.07.2019 was reversed back by op no.2 bank in the account of complainant on 16.08.2019. The plea taken by op no.2 bank in this regard is that details of account of complainant could not be uploaded on the portal due to non availability of his adhar card and complainant did not provide his adhar card. But we found no substance in the plea of op no.2 bank in this regard because as per its own version of op no.2 bank the aadhar for insurance of crops had been made mandatory since year 2017 and there is nothing on file to prove that op no.2 bank ever demanded his adhar card through any written letter during the period of these two years despite the fact that crop insurance was mandatory for loanee farmers. Moreover, the premium amount was deducted by op no.2 bank on the last date of cut-off date i.e. on 15.07.2019 and same was reversed back in the account of complainant on 16.08.2019 after cut off date of insurance of crop. It is also proved on record from the statement of account of complainant Ex.C4 that premium amount of Rabi crop of 2019 was also deducted by op no.2 bank on 12.12.2019 and op no.2 bank has not explained that how they deducted premium amount on 12.12.2019 when they were not in possession of adhar card of complainant. The op no.2 bank has not explained that how they came in possession of aadhar card of complainant at the time of insurance of his Rabi crop of 2019 when according to plea of op no.2 bank complainant has refused to provide his adhar card. It appears that aadhar card of complainant was already with op no.2 but as op no.2 bank deducted premium amount on the last date of cutoff date of insurance of crops but could not upload the data of complainant on National Crop Insurance Portal in time due to its negligence, therefore, in order to hide its mistake and save its skin, the op no.2 bank has taken above said wrong and false plea of non availability of adhar card of complainant. So, it is proved on record that op no.2 bank is deficient in service as it failed to get insured the kharif crop of 2019 with insurance company and therefore, op no.2 bank is liable to pay claim amount, if any for the loss of paddy crop of complainant of kharif, 2019, if any.
10. The complainant has alleged loss to his paddy crop in his 24 kanals 07 marlas of land in kharif, 2019. The sum insured amount of paddy crop in kharif, 2019 in Sirsa District was Rs.77800/- per hectare which fact is evident from Haryana Govt. notification dated 24.05.2019 Ex.R14. During the course of arguments, learned counsel for complainant has placed on file letter/ report of the Deputy Director Agriculture & Farmers Welfare department, Sirsa in which it is reported that average yield of paddy crop in Kharif, 2019 in village Talwara Khurd was 2274.90 Kgs. per hectare and the threshold yield of block Ellenabad was 3636.54 Kgs. per hectare. Since the average yield of village Talwara Khurd was less than threshold yield of block Ellenabad, therefore, as per the operational guidelines of PMFBY, there was loss to the paddy crop in village Talwara Khurd and there was also loss to the paddy crop of complainant in kharif, 2019. The complainant is having agricultural land measuring 24 kanals 07 marlas which is equal to 1.23 hectare and as per formula provided in operational guidelines of PMFBY for calculation of loss, the complainant is entitled to insurance claim amount of Rs.35,830/- for the loss of his paddy crop of kharif, 2019 in his 1.23 hectare of land and as held above only op no.2 bank is liable to pay the said amount to the complainant because as per clause 17.2 of the operational 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 to them.
11. In view of our above discussion, we allow this complaint qua opposite party no.2 bank and direct the op no.2 bank to pay the above said claim amount of Rs.35,830/- to the complainant for the loss of his paddy crop of Kharif, 2019 within a period of 45 days from the date of receipt of copy of this order, failing which complainant will be entitled to receive the above said amount of Rs.35,830/- alongwith interest @6% per annum from the date of this order till actual payment. We also direct the op no.2 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 qua op no.1 stands dismissed. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.
Announced. Member Member President
Dt. 20.09.2023. District Consumer Disputes
Redressal Commission, Sirsa.
