BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 214 of 2019.
Date of Institution : 25.04.2019.
Date of Decision : 16.11.2023.
Mangal Singh son of Shri Het Ram, resident of V.P.O. Shakker Mandori, District Sirsa, Haryana.
Versus.
1. ICICI Lombard General Insurance Company Limited, ICICI Lombard House, 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi, Mumbai – 400025.
2. Manager, HDFC Bank, Ground Floor, SRB Building, Janta Bhawan Road, Sirsa, Haryana.
3. HDFC Bank House, 1st Fllor, C.S. No. 6/242, Senapati Bapat Marg, Lower Parel, Mumbai- 400013.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986 (as amended under Section 35 of the Consumer Protection Act, 2019).
Before: SH. PADAM SINGH THAKUR……………………PRESIDENT
MRS.SUKHDEEP KAUR………….………………MEMBER.
SH. OM PARKASH TUTEJA……………………..MEMBER
Present: Sh. Rakesh Kashnia, Advocate for complainant.
Opposite party no.1 not summoned.
Sh. S.L. Sachdeva, Advocate for opposite parties No.2 and 3.
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 (as after amendment under Section 35 of Consumer Protection Act, 2019) against the opposite parties (hereinafter referred to as Ops).
2. In brief, the case of complainant is that complainant is farmer by profession and is having 8.1 acres of land (as detailed in para no.2 of complaint) situated in village Shakker Mandori, District Sirsa. He is having Kisan Credit Card account with op no.2 bearing account number 502000170785993082. It is further averred that op no.2 deducted premium amount of Rs.4526.40 on 31.07.2017 from the account of complainant for insurance of his kharif crop of 2017 as per scheme of the Government of India and as such cotton crop of complainant of kharif, 2017 in his 8.1 acres of land was insured with op no.1 through op no.2 but to the surprise of complainant the premium amount was deposited back in his account on 11.08.2017. It is further averred that premium was deducted by op no.2 on the cutoff date of deposition of premium but he was told by op no.2 that premium has been deposited with op no.1 but the amount was deposited back without any intimation to the complainant and as a result of which his cotton crop of kharif, 2017 was not insured with op no.1. That on further inquiry, op no.2 disclosed that op no.1 has not accepted his premium but op no.2 was not able to explain the reason of the same. It is further averred that cotton crop of complainant of kharif 2017 was damaged and other farmers of same village have received insurance claim at the rate of Rs.9200/- per acre but he did not receive any claim. That when he inquired from the officials of insurance company, he came to know that op no.2 has not deposited the insurance premium on time with op no.1. It is further averred that complainant is a farmer by profession and is wholly dependent on agriculture income and due to negligence of ops he has suffered economical loss and mental agony. That complainant approached the ops and requested to pay insurance claim but every time he was informed that they are not liable to pay insurance claim as his crop was not insured. The complainant also sent a legal notice to ops no.2 and 3 but to no effect. Hence, this complaint.
3. Notice of the complaint was issued to the opposite parties no.2 and 3. Ops no.2 and 3 appeared and filed written version raising certain preliminary objections. It is submitted that answering ops earlier insured the crops of complainant with op no.1. Accordingly a sum of Rs.4526.40 on account of insurance premium was transferred from the account of complainant to op no.1 on 31.07.2017 but on 11.08.2017 the complainant visited the bank premises. He was very much annoyed and asked official/ Incharge of the bank why he has debited the insurance premium in his account because has not authorized him to get his crop insured and to transfer any amount on account of insurance premium to any insurance company. On the asking of complainant, the answering op apprised the facts that as per instructions of RBI as well as Government of India, crop insurance is mandatory but all in vain. Thereafter he categorically asked the answering ops to get the insurance of the crop of complainant cancelled immediately and to reverse the amount of premium to his account failing which they shall face the consequences. That keeping in view the circumstances and threat given by complainant, the answering ops got cancelled insurance proposal application and reversed the amount of premium in his presence. It is further submitted that insurance proposal was got cancelled by complainant himself and there was no insurance of the crops of complainant, hence he is not entitled to any compensation. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint made.
4. The complainant in evidence has tendered his affidavit Ex. CW1/A and documents Ex.C1 to Ex. C6.
5. On the other hand, ops no.2 and 3 have tendered affidavit of Sh. Sourabh Mehta, Manager Law as Ex.R1 and documents Ex.R2 and Ex.R3.
6. During the course of arguments, learned counsel for complainant has also placed on file copy of khasra girdawari for the year 2017.
7. We have heard learned counsel for complainant as well as learned counsel for ops no.2 and 3 and have gone through the case file.
8. The complainant has claimed insurance claim amount for the damage of his cotton crop of Kharif, 2017. However, the ops no. 2 and 3 have taken a specific stand that though insurance premium amount was deducted from the account of complainant on 31.7.2017 for insuring his cotton crop of Kharif, 2017 with the insurance company but as complainant raised objection regarding deduction of premium amount from his account and also asked to get the insurance of his crop cancelled immediately, therefore, at his instance the premium amount was reversed back in his account and his crop was not insured. The ops no.2 and 3 have asserted that insurance of crop of complainant was got cancelled by complainant himself. The perusal of copy of pass book of complainant Ex.C1 also reveals that premium amount of Rs.4526.40 which was deducted from the account of complainant on 31.07.2017 was reversed back in his account on 11.8.2017 i.e. just within ten/ eleven days of its deduction. During the course of arguments learned counsel for complainant contended that insurance of crop of loanee farmer was compulsory and as such ops no.2 and 3 bank are at fault in this regard. However, we do not found any substance in this contention because ops bank duly deducted the premium amount from the account of complainant for insurance of his cotton crop of Kharif, 2017 but when complainant himself objected for deduction of premium amount and stated that insurance is not required to him, therefore, finding no other option the ops bank got cancelled the insurance of his crop. Since the premium amount deducted by op no.1 bank for insurance of crop of complainant was remitted back in the account of complainant at his own instance and insurance was got cancelled by complainant himself as complainant objected for deduction of the premium and stated that insurance of crop is not required and has already given undertaking Ex.R3 in this regard, therefore, now complainant is estopped from filing the present complaint by his own act and conduct
9. In view of our above discussion, there is no 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 free of costs. File be consigned to the record room.
Announced: Member Member President,
Dated: 16.11.2023. District Consumer Disputes
Redressal Commission, Sirsa.
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