STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND DEHRADUN Date of Admission: 09.03.2023 Date of Final Hearing: 24.04.2025 Date of Pronouncement: 14.05.2025 SC/5/A/41/2023 Agriculture Insurance Company of India Limited through its Regional Manager, Regional Office

56, Rajpur Road (Behind Hotel Classic)

Dehradun, Uttarakhand – 248001 (Through: Smt. Anjali Gusain, Advocate)

…… Appellant Versus

1. Sh. Shahid Hussain S/o Sh. Saidudeen R/o Village Bailjuri, P.O. Kunda Tehsil Kashipur, District Udhamsingh Nagar (Through: Sh. S.M. Joshi, Advocate)

2. Branch Manager, Udhamsingh Nagar District Co-operative Bank (Through: Sh. Chetan Jain, Advocate)

…… Respondents Coram:

Ms. Kumkum Rani, President Mr. B.S. Manral, Member

ORDER

(Per: Ms. Kumkum Rani, President):

The present appeal has been directed against the impugned judgment and order dated 31.01.2023 passed by learned District Consumer Disputes Redressal Commission, Udhamsingh Nagar (hereinafter to be referred as “The District Commission”) in consumer complaint No. 78 of 2019, styled as Sh. Shahid Hussain Vs. Branch Manager, Udhamsingh Nagar District Co-operative Bank and another, wherein and whereby the consumer complaint was allowed and the appellant / opposite party No. 2 was directed to pay compensation of Rs. 1,01,556/- to respondent No. 1 / complainant together with interest @7% p.a. from the date of filing of the consumer complaint, i.e., 02.09.2019 till payment and Rs. 5,000/- towards litigation expenses, within a period of 30 days’ from the date of the judgment. The consumer complaint was, however, dismissed against respondent No. 2 / opposite party No. 1.

2. The facts giving rise to the present appeal, in brief, are, as such that respondent No. 1 / complainant is the permanent resident of Village Bailjuri, P.O. and P.S. Kunda, Kashipur, District Udhamsingh Nagar. The respondent No. 2 / opposite party No. 1 requested the complainant to open a bank account under Pradhan Mantri Fasal Bima Yojana (PMFBY), whereupon under the said Scheme, the complainant opened account No. 6121 for Rabi Season 2018-19 on 16.11.2018 and the premium amount of Rs. 3,112/- was deducted from his account and remitted to the insurance company. The complainant is the owner of land bearing Chak No. 680 measuring 1.092 hectare and in respect of the said land, the bank had deducted the amount of premium and got the crop insured under the aforesaid Scheme. On dated 12.04.2019, due to spark from electric pole, the riped crop standing in the complainant’s field was totally damaged due to fire. The information of the incident was immediately given to Tehsildar, Kashipur, who sent Sh. Daulat Singh, Halka Lekhpal for spot inspection. The Lekhpal inspected the spot and submitted his report to the Tehsildar, Kashipur on the very same day, i.e., 12.04.2019. The complainant sent intimation of fire to the bank on 15.04.2019 for getting the claim and also to Secretary, Krishi Utpadan Mandi Samiti, Kashipur on 18.04.2019. Subsequently, the complainant also dispatched a legal notice to the insurance company, but the same was not replied. In his report, Halka Lekhpal has mentioned the loss of Rs. 1,01,556/-, calculating the same on minimum basis. By not settling the claim of the complainant, the insurer has done deficiency in service, therefore, the consumer complaint was filed by the complainant before the District Commission.

3. The bank filed the written statement before the District Commission and submitted that the liability to settle the claim is that of the insurance company and not the bank.

4. The insurance company filed written statement before the District Commission, stating that loss / damage to notified insured crops resulting from occurrence of identified localized risks of Hailstorm, Landslide, Inundation, Cloud burst and Natural fire due to lightening affecting isolated farms in the notified area was covered under the Scheme / Policy. It was also stated that as the loss has occurred due to spark from electric