M. P. STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,                         

                             PLOT NO.76, ARERA HILLS, BHOPAL

 

                                      FIRST APPEAL NO. 2078 OF 2019

(Arising out of order dated 30.05.2019 passed in C.C.No.260/2018 by District Commission, Sagar)

 

BRANCH MANAGER,

HDFC BANK LIMITED,

PARKOTA WARD, SAGAR (M.P.)

THROUGH AUTHORISED REPRESENTATIVE

SANJAY MAHULE                                                                                                 ….           APPELLANT.

 

                       Versus

 

1. PRAHLAD SINGH,

    S/O SHRI SHANKAR SINGH,

    R/O VILLAGE-PITHORIA, TEHSIL-MALTHON,

    DISTRICT-SAGAR (M.P.)

 

2. SMT. VIMLA BAI W/O SHRI PRAHLAD SINGH,

    R/O VILLAGE-PITHORIA, TEHSIL-MALTHON,

    DISTRICT-SAGAR (M.P.)

 

3. H.D.F.C AGRO GENERAL INSURANCE CO.LTD.

    THROUGH BRANCH MANAGER,

    SERVICE ROAD ZONE-II, M. P.NAGAR,

    BHOPAL (M.P.)                                                                                             ….           RESPONDENTS.

                                  

BEFORE :

            HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR   :  PRESIDENT

           HON’BLE DR. (MRS) MONIKA MALIK                         :  MEMBER

                     

COUNSEL FOR PARTIES :

                Shri Sunil Pandey, learned counsel for the appellant-bank.

           Ms. Sambhavna Rajput, learned counsel for the respondent no.1 & 2-complainants.

           Shri Amit Tiwari, learned counsel for the respondent no.3-insurance co.

                  

                                                  O R D E R

                                       (Passed on 21.08.2023)

                   The following order of the Commission was delivered by Dr.(Mrs) Monika Malik, Member:

           

                   This appeal by the opposite party no.1/appellant-HDFC Bank (hereinafter referred to as ‘bank’) is directed against the order dated 30.05.2019 passed by the District Consumer Disputes Redressal

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Commission, Sagar (for short ‘District Commission’) in C.C.No.260/2018, whereby the District Commission has partly allowed the complaint filed by the complainants/respondent no.1 and 2 (hereinafter referred to as ‘complainants’)

2.                Facts of the case as narrated by the complainants are that the complainant no.1 is the owner of agricultural land admeasuring 3.54 hectares and the complainant no.2 is the owner of agricultural land admeasuring 3.82 hectares respectively in patwari halka no.53 village-Malthon, Revenue Division-Bandri. The complainants are having KCC account with the bank. In the year 2017 for kharif crop of soyabean they had taken loan on 13.04.2017 for Rs.2,85,000/-, on 17.04.2017 for Rs.2,86,000/- and on 05.06.2017 for Rs.46,985/-. It is submitted that as per gazette notification of Government of M.P., it is compulsory to get loanee farmers insured for notified crops under the ‘Pradhan Mantri Fasal Bima Yojna’ (hereinafter referred to as ‘scheme’).  It is the duty of the bank that after deducting the premium from the account of the complainants, it has to forward the same to the opposite party no.2-HDFC Ergo General Insurance Company Limited (hereinafter referred to as ‘insurance company’) so that the complainants can get the claim regarding loss in the crop yield. Under the scheme, it is the responsibility of the bank to send the premium to the insurance company towards crop insurance and on negligence on part of

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the bank, the bank is responsible for payment of compensation.  The neighbouring farmers of the complainants received claim amount, but the complainants were not paid the claim.  Upon contacting the bank admitted negligence on its part, but did not pay the claim amount.  Therefore, alleging deficiency in service against the bank as well as the insurance company and claiming Rs.4,50,000/- as amount of compensation, the complainants approached the District Commission.

3.                     The opposite part

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