Under the Pradhan Mantri Fasal Bima Yojna, if a nodal bank uploads incorrect land or village details on the portal resulting in underpayment of crop insurance compensation, the bank alone is liable to compensate the farmer for the loss.

ORDER

M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

PLOT NO.76, ARERA HILLS, BHOPAL

FIRST APPEAL NO. 1877 OF 2024

(Arising out of order dated 01.12.2023 passed in C.C.No.16/2019 by District Commission, Dewas)

MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED

COMMERCE HOUSE, SECOND FLOOR 201/212

7, RACE COURSE ROAD, INDORE (M.P.) … APPELLANT.

Versus

1. KAILASH S/O SHRI LALJIRAM PARMAR,

R/O VILLAGE-SONKHEDI, TEHSIL-KANNOD,

DISTRICT-DEWAS (M.P.)

2. HDFC BANK,

THROUGH BRANCH MANAGER,

BRANCH-KHATEGAON, AZAD MARG,

KHATEGAON, DEWAS (M.P.) …. RESPONDENTS.

BEFORE :

HON’BLE JUSTICE SUNITA YADAV : PRESIDENT

HON’BLE DR. MONIKA MALIK : MEMBER

COUNSEL FOR PARTIES :

Shri Amit Tiwari, learned counsel for the appellant.

None for the respondent no.1.

None for the respondent no.2.

O R D E R

(Passed On 05.03.2026)

The following order of the Commission was delivered by

Dr. Monika Malik, Member:

This is an appeal by the opposite party no.2/appellant-ICICI Lombard General Insurance Company Limited (for short ‘insurance company’) against the order dated 01.12.2023 passed by the District Consumer Disputes Redressal Forum, Dewas (for short ‘District Commission) in C.C.No.16/2019 whereby the complaint filed by the complainant/respondent no.1 has been allowed.

Briefly stated the facts of the case are that the complainant has agriculture land total admeasuring 2.300 hectares situated at Village-Janjalkhedi, patwari halka no.18, Tehsil-Kannod, District-Dewas at survey number 19/1, 149/1 and 149/2. He had a KCC account no.50200020793612 with the opposite party no.1/respondent no.2-HDFC bank (for short ‘bank’). For the soyabean crop of the year 2017, the bank after deducting the crop insurance premium of Rs.1,140/- from his account sent it to the opposite party no.2-insurance company. It is submitted that in the year his soyabean crop got damaged due to natural calamity due to which he suffered loss of Rs.3,00,000/-. The opposite parties paid only Rs.5,359/- towards compensation which is too less whereas the neighboured farmers received more amount. The complainant therefore alleging deficiency in service on part of the opposite parties the bank and the insurance company approached the District Commission seeking relief.

The opposite party no.1-bank in its reply before the District Commission submitted that the bank after deducting the premium forwarded the same to the opposite party no.2-insurance company and denied the other facts stated in the complaint. It is further submitted that there has been deficiency in service on part of the bank.

The opposite party no.2-insurance company in its reply before the District Commission submitted that on the basis of record received they paid the amount of crop insurance to the complainant. As per data provided to them the average yield of the insured field was 1230 and the actual yield was 1101.5 and deficit yield was 0.10 and therefore under the ‘ Pradhan Mantri Fasal Bima Yojna ’ the complainant was paid Rs.5,954.87/- towards loss of crop. Thus there has been no deficiency in service on part of the insurance company.

The District Commission allowed the complaint and directed the opposite parties jointly and severally to calculate the loss of complainant’s Kharif- 2017 crop of soyabean as per Pradhan Mantri Fasal Bima Yojna and if it is found that the amount of compensation is more, then they shall pay the difference amount of compensation to the complainant after deducting the amount already paid within 60 days from the date of receipt of copy of order. It is further directed that interest @ 6% p.a. on the said amount from 15.02.2019 till payment shall be also made. Compensation of Rs.10,000/- with costs of Rs.5,000/- is also directed to be paid within 60 days jointly and severally to the complainant failing which interest @ 6% p.a. shall also be paid on the said amount. It is directed that