BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.
Consumer Complaint no. 587 of 2019.
Date of Institution : 04.10.2019.
Date of Decision : 12.05.2023.
Mani Ram aged 68 years son of Moti son of Sh. Gopal Dass, resident of village Keharwala, Tehsil Rania, District Sirsa.
……Complainant.
Versus.
1. Oriental Insurance Company Branch Sirsa through its Branch Manager/ Authorized Person.
2. Sarva Haryana Gramin Bank Branch Rania, District Sirsa through its Manager/ authorized person.
...…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
SMT. SUKHDEEP KAUR …………………MEMBER
Present: Sh. V.P. Rar, Advocate for complainant.
Sh. Rakesh Bajaj, Advocate for opposite party No.1.
Sh. M.S. Sethi, Advocate for opposite party no.2.
ORDER
The present complaint has been filed by complainant against the opposite parties (hereinafter referred as OPs) seeking insurance claim for the loss of his cotton crop of Kharif, 2018.
2. The complainant has alleged that he is an agricultural having agricultural land measuring 74 kanals 13 marlas (as detailed in para no.1 of the complaint) situated in village Keharwala, Tehsil Rania, District Sirsa as per jamabandi for the year 2012-2013 and is totally dependent upon the agricultural income in all respects. The complainant is having account bearing number 8168880000337 with op no.2 bank. It is further averred that on 31.07.2018 an amount of Rs.5830.56 was deducted from the account of complainant by op no.2 bank and was paid to op no.1 insurance company for insurance of crop of complainant under Prime Minister Fasal Beema Yojna. That complainant sown crop of cotton in whole of above said land which was damaged due to disaster of natural calamities and as such complainant is entitled to the insurance amount of Rs.4,00,000/- approximately at the rate of Rs.40,000/- per acre but the ops have refused to indemnify the loss to his insured cotton crop of Kharif, 2018 despite repeated requests of the complainant. Hence, this complaint.
3. On notice, ops appeared. Op no.1 filed written version raising certain preliminary objections. It is submitted that as per record as well as record available on the Portal, the crop of complainant was not got insured with answering op. The answering op did not receive any insurance premium from op no.2 qua the insurance of the crop of the complainant and prayer for dismissal of complaint made.
4. On notice, ops appeared. Op no.1 filed written statement raising certain preliminary objections. It is submitted that answering bank has debited the account of complainant on 31.07.2017 for an amount of Rs.5830.56 and transferred the same to op no.1 as premium for insurance of crop of Kharif, 2018 of complainant. The op no.1 has accepted said amount without any objection and has not raised objection as per clause 19 (XXII) of Haryana Government Agriculture & Farmer Welfare Department notification dated 30.3.2018, hence it is presumed that op no.1 has insured the crops of Kharif, 2018 of complainant. It is further submitted that after acceptance of premium, the matter regarding payment of compensation is between the farmer/ complainant and insurance company. Remaining contents of complaint are also denied to be wrong and prayer for dismissal of complaint qua op no.2 bank made.
5. The complainant in evidence has tendered affidavit of one Rohtash Kumar son of Devi Lal, resident of village Ahmadpur Darewala as Ex. C1 and copies of documents i.e. insurance details Ex.C2, jamabandi for the year 2012-2013 Ex.C3 and khasra girdawari for the year 2018-2019 Ex.C4.
6. On the other hand, op no.1 has tendered affidavit of Sh. Virender Kumar, Senior Divisional Manager as Ex. R1 and copies of documents i.e. clause of operational guidelines of PMFBY Ex.R2, minutes of 4th meeting of State Level Grievance Committee Ex.R3.
7. Op no.2 has tendered affidavit of Sh. Naveen Kumar, Branch Manager as Ex.RW2/A and copies of documents i.e. statement of account Ex.R4 and detail of PMFBY of complainant Ex.R5 and agriculture loan documents Ex.R6 to Ex.R8.
8. We have heard learned counsel for the parties and have perused the case file carefully.
9. From the certificate of the op no.2 bank Ex.C2 and statement of account of complainant Ex.R4 relied upon by op no.2 bank, it is evident that on 31.07.2018 premium amount of Rs.5830.56 was deducted by op no.2 bank from the account of complainant for insuring the cotton crop of Kharif, 2018 with the insurance company. According to the complainant, his cotton crop of Kharif, 2018 was damaged and thus he has sought insurance claim from the ops. Whereas op no.1 insurance company has denied receiving of any insurance premium on behalf of complainant from op no.2 bank for insuring his cotton crop of Kharif, 2018. However before fastening any liability upon any of the ops for any lapses on their part, firstly it is to be seen that whether complainant has proved the basic requirement to seek claim amount i.e. loss to his cotton crop of Kharif, 2018. In this regard complainant has not proved on record loss to his cotton crop of Kharif, 2018. He has not placed on file any report of agriculture department or any other agency to prove loss, if any to his cotton crop of Kharif, 2018. The complainant has also not placed on file any document to prove that what was the actual yield of his crop or that there was total loss to his crop and what was the threshold yield in the block of his village. The complainant has also failed to prove on record that any other farmer of his village has received any claim amount for the damage of his crop in the land situated in village Keharwala. In these circumstances complainant has failed to prove loss to his cotton crop of Kharif, 2018 and as such he is not entitled to any claim amount from any of the 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: 12.05.2023. District Consumer Disputes
Redressal Commission, Sirsa.
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