Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 583.
Instituted on : 14.11.2019
Decided on : 06.07.2021.
Mahant Satish Dass Chela Sh. Muni Dass Age 49 years, R/o Village Saman, Tehsil Meham, District Rohtak.
………..Complainant.
Vs.
- Universal Sompo General Insurance Co. Ltd. Unit No.401, 4th Floor, Sangam Complex, 127, Andheri Kurla Road, Andheri East Mumbai through its Manager.
- State of Haryana through Collector, Rohtak.
- Deputy Director of Agriculture & Farmers welfare Department, Haryana, Rohtak.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
MS.TRIPTI PANNU, MEMBER.
Argued: Sh. Rajesh Sharma, Advocate for complainant.
Sh. Gulshan Chawla, Advocate for OP No. 1.
Sh. Ashish Tehlan, ADA for opposite party No.2 & 3.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that the complainant has agriculture land in the revenue estate of village Saman and he had availed the insurance policy for his Rabi Crop under the scheme of Pradhan Mantri Fasal Bima Yojana, Ministry of Agriculture & Farmers Welfare vide application receipt No.0402061800802747234 for Rabi 2018 in respect of 10 Hect. Agricultural land. The complainant has paid the insurance premium through his bank account to the tune of Rs.9975/- on account of share of premium of farmer and sum insured was Rs.665000/-. The complainant also availed the insurance policy for his Rabi crop under the said scheme vide application receipt no.0402061800802748411 for Rabi 2018 in respect of 10 Hect. land and paid the premium through his bank account to the tune of Rs.9975/- on account of the share of the premium of farmer and sum insured was Rs.665000/-. The complainant has sown the crop of wheat in his aforesaid 20 hect. Agricultural land and the crop of wheat of the complainant was badly damaged/ruined due to inundation. The complainant lodged his complaint with respondents as the crop of the complainant was insured and covered under Pradhan Mantri Bima Yojna. The application was registered vide claim No.507 with the respondents. The surveyor of the company alongwith Block Agriculture Officer, Meham inspected the site and assessed the loss as mentioned in survey report. The complainant is entitled to get compensation on account of loss suffered by him in the crop of Rabi in view of both the insurance policies issued by the respondent no.1. The value of damaged crop of the complainant is Rs.1100000/- approximately but the respondent no.1 did not pay any amount of compensation to the complainant till date. The respondent no.1 has illegally withheld the amount of compensation and is not paying the amount of compensation. The complainant requested the opposite parties time and again to release the amount of compensation but any heed was not paid to his requests. That the act of opposite parties is illegal and there is deficiency in service on the part of opposite parties. As such, it is prayed that opposite parties may kindly be directed to pay the compensation of Rs.1100000/- on account of loss assessed by the competent authority alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite party No.1 in its reply has submitted that complainant does not fall within the definition of ‘Consumer’ qua the respondent no.2 & 3 as no service was provided by respondent no.2 & 3 to the complainant. The complainant is insured with the respondent no.1 through bank hence if he has any grievance to respondent no.1, then the company is responsible to make the compensation to the complainant. On merits, it is submitted that the intimation of crop loss due to inundation was submitted by the complainant to respondent no.3. The survey was conducted by the survey team and report was sent to respondent no.1 for further necessary action. It is prayed that the complaint may kindly be decided in view of the facts mentioned above.
3. Opposite party No. 1 in its reply has submitted that in the present case, the complainant is a Non-Loanee Farmer paid premium of Rs.9975/- to cover Wheat crop measuring area 10Hc Land in village Seman for sum of Rs.665000/- through his bank Account under application no.040206180080274841101 and another crop insurance to cover Wheat crop measuring area 10Hc Land for sum of Rs.665000/- through his bank Account under application no.040206180080274723401. In the present case as per data shared by the Govt., the AU data is higher than the TY and as per terms and conditions of the policy, this opposite party is not liable to pay any claim/compensation as sought by the alleged farmer. Hence, answering respondent company is not liable to pay any claim with regards to present complaint. It is prayed that the complaint may kindly be dismissed with costs.
4. Ld. counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C8 and closed his evidence on dated 27.07.2020. Ld. Counsel has also tendered document Ex.C9 in additional evidence and closed his evidence on 28.06.2021. Ld. counsel for the opposite party No.1 has tendered affidavit Ex.RW1/A, documents Ex.R1/1 to Ex.R1/4 and closed his evidence on 12.04.2020. Ld. counsel for the opposite party no.2 & 3 has tendered affidavit Ex.RW2/A, document Ex.R2/1 and closed his evidence on dated 31.08.2020.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present complaint, the complainant pleaded that he has suffered loss in his 20 acres of agricultural land. He sown Dhaan, crops in his fields and due to ‘Heavy rain’ the complainant’s crops damaged and his crop was insured with the opposite parties. As per copy of application receipt No.0402061800802747234 Ex.C1, 10 Hect. land of the complainant was insured under Pradhan Mantri Fasal Bima Yojana and he paid Rs.9975/- as premium amount and the sum insured is Rs.656500/-. As per application receipt No. no.0402061800802748411 Ex.C2 10 Hect. land of the complainant was insured under Pradhan Mantri Fasal Bima Yojana and he paid Rs.9975/- as premium amount and the sum insured is Rs.656500/-. Hence the total 20 Hect. of land of the complainant was insured under Pradhan Mantri Fasal Bima Yojana.. Ex.C3 and Ex.C4 are the sowing certificate of agricultural land of complainant. As per copy of assessment report Ex.C5, complainant suffered loss in his 9.2 hectare of land due to inundation i.e. 60% in 15Acre, 40% in 8 acre and no loss in 2 acres. As per copy of assessment report Ex.C9, complainant suffered loss in his 10 hectare of land due to inundation i.e. 70% in 6 Hect., 50% in 2 hect. and 30% in 2 hect. Meaning thereby, the complainant’s crop of 20 hectare was insured through respondent no.1. Copy of Nakal Jamabandi Ex.C6 is also placed on record.
7. Hence from the documents placed on record, it is established that the complainant’s crop was damaged to the extent of 60% in 15 acres , 40% in 8 acres due to ‘Inundation’ as well as 70% in 6 hectare, 50% in 2 hectare and 30% in 2 hectare due to ‘Inundation’. On the other hand, as per the respondent insurance company i.e. opposite party No.1 has pleaded in his amended written statement that they have received premium amount to cover Wheat crop measuring area 10 Hc & another 10 Hc. Land in village Seman through his bank Account under Application No.040206180080274841101 and application No. 04020618008027423401 for the Rabi 2018. The sum assured for one acre comes to Rs.26912/- for insured sum Rs.665000/-. As such, complainant is entitled for loss of 60% in 15 acres i.e. Rs.242208/- and 40% in 8 acre i.e. Rs. 86118/- and no loss in 2 acres i.e. total 10 hectare (Rs.242208 + 86118= Rs.328326/-) and in another 10 hectare, he suffered 70% in 6 hect. i.e. Rs.279300/-, 50% in 2 hectare i.e. Rs.66500/- total (Rs.279300+66500=Rs.345800/-). Hence total loss suffered by the complainant is Rs.345800/-+ Rs.328326/-= Rs.674126/-. Hence the complainant is entitled for the alleged claim amount from the opposite party No.1.
8. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite party no.1 to pay Rs.674126/-(Rupees six lac seventy four thousand one hundred and twenty six only) towards loss of crops alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.14.11.2019 till its realization and also to pay a sum of Rs.20000/-(Rupees twenty thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
06.07.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
