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M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No. 46 /2023.
Branch Manager,
Bank of India,
Branch near Nai Sabji Mandi,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Swadesh s/o Kailash Joshi
2.
Kailash s/o Mangilal Joshi,
R/o Gram kanarda,
Farmer Gram Kanarda & Khsrpa,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 47 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Savitri Bai, w/o Atmaram,
R/o Gram Palasner,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
2 -
FA No. 48 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Ram Singh s/o Shrikishan,
Gram Dagawashankar,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 49 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Mukesh s/o Atmaram
2.
Raju Bai w/o Vijendra Singh,
R/o Gram Dagawashankar,
Tehsil Harda, District Harda (M.P.).
3.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
3 -
FA No. 50 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Smt. Chhavi, w/o Narendra Singh,
R/o Ward No.14, Civil Line,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 51 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Smt. Sheela, w/o Devendra Singh,
R/o Ward No.14, Civil Line,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
4 -
FA No. 52 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Dhirendra Singh s/o Devendra Singh,
R/o Ward No.14, Civil Line,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 53 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Narendra Singh s/o Devendra Singh,
R/o Ward No.14, Civil Line,
Tehsil Harda, District Harda (M.P.).
2.
Regional Manager,
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
5 -
FA No. 164 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Genda Lal s/o Murar Gurjar,
2.
Rajesh s/o Genda Lal,
R/o Gram Kharpa,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 165 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Ram Vilas s/o Thakurlal Gurjar,
R/o Gram Kharpa,
Tehsil Harda, District Harda (M.P.).
2.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
6 -
FA No. 166 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Thakurlal Gurjar, s/o Shri Bhagirath Gurjar,
R/o Gram Kharpa,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 167 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Revashankar s/o Ramchand Deshwali (Meena)
2.
Ganesh s/o Revashankar Deshwali (Meena),
R/o Gram Kharpa,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
7 -
FA No. 168 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Bhurelal s/o Revashankar Meena,
2.
Basantibai w/o Revashankar Meena,
R/o Gram Kharpa,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 169 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Deepak Kumar s/o Satyanarayan Upadhyay,
2.
Pradeep Kumar s/o Satyanarayan Upadhyay,
3.
Smt. Sudhabai w/o Satyanarayan Upadhyay,
R/o Gram Kanarda,
Tehsil Harda, District Harda (M.P.).
4.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
8 -
FA No. 170 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Keshavprasad s/o Shri Rameshwarprasad,
2.
Smt. Kusumbai w/o Keshavprasad,
R/o Gram Kanarda,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
FA No. 171 /2023.
Bank of India,
Branch Manager,
Branch Ghantaghar Chowk,
Harda, Tehsil Harda, District Harda.
…. APPELLANT.
VERSUS
1.
Satyanarayan s/o Shri Rameshwar Upadhyay,
2.
Pradeep Kumar s/o Satyanarayan,
R/o Gram Kanarda,
Tehsil Harda, District Harda (M.P.).
3.
Agriculture Insurance Company of India Ltd.,
Address : LIC Mukhyalaya,
2nd Floor, In Front of Gayatri Shaktipeeth,
Hoshangabad Road, Bhopal.
…. RESPONDENTS.
9 -
BEFORE:
HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT
HON’BLE DR. (SMT) MONIKA MALIK, MEMBER
COUNSEL APPEARING FOR THE PARTIES :
Shri Mayur Mandhanya, learned counsel for the appellant / Bank of India.
Shri Narayan Singh Solanki, learned counsel for the respondent (s)/
complainant (s)
Shri Ravindra Tiwari, learned counsel for the respondent /
Agriculture Insurance Company of India Ltd.
For the Petitioner: MAYUR MANDHANYA
For the Respondent:
ORDER
(Passed on 14 /08/ 2023) The following order of the Commission was delivered by Dr. (Mrs) Monika Malik , Member :
- All the aforesaid appeals are taken up together as common point is involved in the matter. This order shall govern disposal of all the aforesaid appeals. For convenience facts of the case are taken from the First Appeal No.46/2023, unless otherwise stated.
2. First Appeal No.46/2023 by the opposite party no.1/appellant- Bank of India (hereinafter referred to as ‘bank’) is directed against the order dated 03.11.2022 passed by the District Consumer Disputes Redressal Commission, 10 - Harda (For short ‘District Commission’) in C.C.No.71/2020 whereby the District Commission has partly allowed the complaint filed by the complainants /respondents (hereinafter referred to as ‘complainant s ’).
3. Briefly put, facts of the case are that the complainants are the agriculturists & complainant no.1 is the owner of 1.388 hectares of agricultural land in Patwari Halka No.28, Village Kanarda, Tehsil & District Harda and complainant no.2 is the owner of 1.165 hetcatres of agricultural land in Patwari Halka No.28, Village Kanarda, Tehsil & District Harda. The complainants are father and son and are living in joint family. The complainant no.1 had opened KCC account no.954032110000187 regarding the aforesaid agricultural lands, with the appellant / bank. They had got their kharif crops for the year 2018 insured, via bank with the respondent / Agriculture Insurance Company of India Ltd. (hereinafter referred to as the ‘Insurance Company’) through ‘Pradhan Mantri Fasal Bima Yojna ’ and had paid Rs.1,787/ - towards premium. The premium amount as aforesaid was deducted by the bank on 07.08.2018 and the same was forwarded to the insurance company. It is alleged that they had sown soyabean crop on their agricultural land, which was destroyed due to natural calamity. Despite that, the opposite parties have not given crop insurance claim to the complainants. Therefore, alleging deficiency in service on part of the 11 - opposite parties, the complainants approached to the District Commission seeking relief.
4. The appellant / bank in its reply before the District Commission admitted of deducting the premium from the KCC account of the complainants. It is submitted that the responsibility regarding payment of insurance claim lies with the Insurance Company and therefore bank is not liable in the instant matter.
5. The respondent / Insurance Company in its reply before the District Commission stated that it was the responsibility of the bank to have ensured that it had provided correct information, regarding agriculturists to the Insurance Company. As per the details provided on portal by the appellant / bank, agricultural land of the complainants has been shown in Patwari Halka No.15 and as per revenue records, in Patwari Halka No.15 there was no short fall in the soyabean crop for the year 2018. Therefore, the claim was not paid to the complainants. It is also submitted by the Insurance Company that agricultural land of the complainants is situated in Patwari Halka No.28 in the village Kanarda, then it is not clear as to why the bank on portal had mentioned Patwari Halka No.15, Village Rahtakhurd. The bank is therefore liable on account of providing incorrect information and the Insurance Company is not responsible in the instant matter.
12 -
6. The District Commission partly allowed the complaint filed by the complainants and directed the appellant / bank to pay Rs.52,860/- as crop insurance claim for Kharif 2018 with interest @ 5% p.a. from the date of filing of the complaint, till payment. In addition, the District Commission has also directed to pay within 30 days, compensation of Rs.10,000/- with another sum of Rs.3,000/- as costs. The District Commission further
