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M. P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PLOT NO. 76, ARERA HILLS, BHOPAL (M.P.)
FA No.342 / 2019.
1. Union Bank of India,
Through Branch Manager,
A. B. Road, Guna.
2. Union Bank of India,
Through General Manager,
Regional Office, Arera Hills,
Bhopal, Madhya Pradesh.
…. APPELLANTS.
Versus
1. Suresh Singh
s/o Shri BhogiramRaghuvanshi,
R/o Gramkhedahat, Tehsil Aron,
District Guna.
2. General Manager / Manager,
H.D.F.C. Ergo General Insurance Co. Ltd.,
M.P. Nagar, Bhopal.
3. UpsanchalakKrishi,
KrishiKalyanAvamKrishiVibhag,
District Guna (M.P).
…. RESPONDENTS.
FA No.343 / 2019.
1. Union Bank of India,
Through Branch Manager,
B. B. Road, Guna.
2. Union Bank of India,
Through General Manager,
Regional Office, Arera Hills,
Bhopal, Madhya Pradesh.
…. APPELLANTS.
Versus
1. Dhan Singh
s/o Shri Deva Ji Bhil,
R/o Gramkhedahat, Tehsil Aron,
District Guna.
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2. General Manager / Manager,
H.D.F.C. Ergo General Insurance Co. Ltd.,
M.P. Nagar, Bhopal.
3. UpsanchalakKrishi,
KrishiKalyanAvamKrishiVibhag,
District Guna (M.P).
…. RESPONDENTS.
BEFORE:
HON’BLE SHRI JUSTICE SHANTANU S. KEMKAR, PRESIDENT
HON’BLE DR. (SMT) MONIKA MALIK, MEMBER
COUNSEL APPEARING FOR THE PARTIES :
SHRI GIRISH SHARMA, LEARNED COUNSEL FOR THE APPELLANTS.
SHRI AJAY DUBEY,LEARNED COUNSEL FOR THE RESPONDENT NO.1.
SHRI AMIT TIWARI, LEARNED COUNSEL FOR THE RESPONDENT NO.2.
NONE FOR THE RESPONDENT NO.3.
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O R D E R
(Passed on 30 /11/2022)
The following order of the Commission was delivered by Dr. (Mrs)
Monika Malik, Member :
Both the aforesaid appeals are taken up together as common point is
involved in the matter. This order shall govern disposal of both the aforesaid appeals.
For convenience facts of the case are taken from FA No.342/2019, unless otherwise
stated.
2.
This appeal by the opposite party no.1 and opposite party no.3 / Union
Bank of India (hereinafter referred to as ‘bank’) is directed against the order dated
16.1.2019 passed by the District Consumer Disputes Redressal Commission, Guna
(for short the ‘District Commission’) in CC No.65/2018 whereby the District
Commission has allowed the complaint filed by the complainant / respondent no.1
(hereinafter referred to as ‘complainant’).
3.
Briefly put, facts of the case are that the complainant is the owner of
2.595hectares of agricultural land, situated in patwari halka No.3 in village
Barkhedahat, Tehsil Aron and District Guna. He had opened a KCC account
No.410605030390703 with opposite partyno.1 / bank and obtained loan for year 2016
kharif crop ‘soyabean’.He had got his agricultural crop insured via bank with the
opposite party no.2 / respondent no.2 / HDFC Ergo General Insurance Company Ltd.
(hereinafter referred to as the ‘Insurance Company’) through ‘Pradhan Mantri
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Fasal BimaYojna’ and premium amount was deducted from the complainant’s KCC
account every year with respect to the aforesaid. According to the complainant as per
the Government guidelines, premium amount of Rs.1557/- for kharif crop 2016 ought
to have been deducted by the bank, but the same was not deducted. It is alleged that
kharif crop of 2016 was destroyed due to natural calamity but he was not paid claim
amount. The complainant also alleged that he had also got his kharif crop ‘soyabean’
of the year 2015 insured after paying premium of Rs.1495/- with the respondent no.2
/ Insurance Company. Kharif crop of soyabeanof the year 2015 was also destroyed
due to natural calamity and the short fall was found to be of 85%, but only sum of
Rs.15,497/- as compensation was paid to him. Therefore, alleging deficiency in
service on part of the opposite parties, the complainant approached the District
Commission, seeking relief.
4. The bank in their reply before the District Commission stated that in accordance
with the survey number and the area of agricultural land given by the complainant, the
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