National Consumer Disputes Redressal
Reliance General Insurance Co. Ltd. vs Puran & 6 Ors. on 19 December, 2019
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 2332 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. PURAN & 6 ORS. S/O. GUGAN R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. MANPHUL S/O. GUGAN R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. KARPAL S/O. RAM SWAROOP R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. BANSI LAL S/O. RAM SWAROOP R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 5. MANGAT RAM S/O. BRIJ LAL R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 6. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 7. STATE BANK OF INDIA THROUGH MANAGER, VILLAGE PILI MANDORI, DISTRICT-FATEHABAD HARYANA ...........Respondent(s) REVISION PETITION NO. 2333 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. BALVINDER SINGH & 6 ORS. S/O. RAM SWAROOP, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. RAJESH S/O. RAM SWAROOP, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI,
DISTRICT-SIRSA HARYANA 3. OM PRAKASH S/O. SH. HET RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. DEVI LAL S/O. HARI SIGNH,R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 5. VIKRAM SINGH S/O. RAM MURTI,R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 6. MUKESH KUMAR S/O. RAM MURTI,R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 7. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 8. STATE BANK OF INDIA THROGH MANAGER, VILLAGE NATHUSARI CHOPTA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2334 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. BHURA RAM & 6 ORS. S/O. RAMESHWAR, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. OM PRAKASH S/O. RAMESHWAR, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. BANSI LAL S/O. RAMESHWAR, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 5. MANAGER, SARVA HARYANA GRAMIN BANK VILLAGE NAHRANA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2335 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. RANJEET & 6 ORS. S/O. INDRAJ R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. BHANWAR S/O. INDRRAJ, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT- SIRSA HARYANA 3. SHANTI S/O. INDRRAJ, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. JAI SINGH S/O. INDRRAJ, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 5. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 6. MANAGER, SARVA HARYANA GRAMIN BANK VILLAGE NAHRANA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2336 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. DAYA RAM & 6 ORS. S/O. JAGMAL, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. OM PRAKASH S/O. JAGMAL R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. BUDH RAM S/O. MANI RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 5. STATE BANK OF INDIA THROUGH MANAGER, NATHUSARI CHOPTA DISTRIST-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2337 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. JAI SINGH & 6 ORS. S/O. SHRI KASHI RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. RAJENDER S/O. SHRI KASHI RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. RAM CHANDER S/O.JAI SINGH R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 5. SARVA HARYANA GRAMIN BANK THROUGH MANAGER, VILLAGE NAHRANA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2338 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. BHADAR SINGH & 6 ORS. S/O. HARDAYAL, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. JAGDISH S/O. SH. BAHADAR SINGH, R/O. VPO SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. SUBHASH CHANDER S/O. SH. BAHADAR SINGH, R/O. VPO SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 4. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 5. MANAGER, STATE BANK OF INIDA NATHUSARI CHOPRA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2339 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. OMPATI & 6 ORS. W/O. SH. BHAL SINGH, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. LICHMA W/O. JAGDISH R/O. VILLAGE AND POST SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 4. STATE BANK OF INDIA MANAGER, VILLAGE PILI MANDORI DISTRICT-FATEHABAD HARYANA ...........Respondent(s) REVISION PETITION NO. 2340 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. MAHENDER & 6 ORS. S/O. HARDAYAL, R/O.VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. RESHMA W/O. MEWA SINGH, S/O. HARDAYAL SINGH,R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2341 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. BALBIR & 6 ORS. S/O. PURKHA RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. SHISHPAL S/O. DEVI LAL, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 4. PRIMARY AGRICULTURAL CRADIT SOCIETY (PACS) THROUGH MANAGER, NATHUSARI KALAN DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2342 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. KRISHAN KUMAR & 6 ORS. S/O. SH. BADHRAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. MANGE RAM S/O. SH. KRISHAN KUMAR, R/O. R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 4. MANAGER, SARVA HARYANA GAMIN BANK VILLAGE NAHRANA DISTRIST-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2343 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. MANGAL & 3 ORS. S/O. HET RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. KALAWATI W/O. HET RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 4. MANAGER, HDFC BANK GROUND FLOOR, SRB BUILDING JANTA BHAWAN ROAD, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2344 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. SUBHASH & 6 ORS. S/O. SHISHPAL, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. KULDEEP SINGH S/O. SHISHPAL SINGH, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 3. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 4. SARVA HARYANA GRAMIN BANK THROUGH MANAGER, VILLAGE NAHRANA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2345 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. KURDA RAM & 6 ORS. S/O. HEM RAJ, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. STATE BANK OF INDIA THROUGH MANAGER, NATHUSARI CHOPTA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2346 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. CHHOTU RAM & 6 ORS. S/O. DHANPAT R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. PRIMARY AGRICULTURAL CREDIT SOCIETY (PACS) THROUGH MANAGER, NATHUSARI KALAN DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2347 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. VINOD & 6 ORS. S/O. RAJERAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. MANAGER, SARVA HARYANA GRAMIN BANK VILLAGE NAHRANA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2348 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. FUSARAM & 6 ORS. S/O. SH. MAMCHAND, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. MANAGER, SARVA HARYANA GRAMIN BANK VILLAGE NAHRANA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2349 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. MANI RAM & 6 ORS. S/O. HARCHAND, R/O. VILLAGE AND POST OFFICE SHAKKAER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. PRIMARY AGRICULTURAL CRADIT SOCIETY (PACS) THROUGH MANAGER, NATHUSARI KALAN, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2350 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. BALBIR & ORS. S/O. FUSARAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. MANAGER, STATE BANK OF INDIA NATHUSARI CHOPTA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2351 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. SEWA SINGH & 6 ORS. S/O. BRIJ LAL VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. STATE BANK OF INDIA THROUGH MANAGER, NATHUSARI CHOPTA DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2352 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. RAM SINGH & 6 ORS. S/O. GURDIYAL, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. STATE BANK OF INDIA THROUGH MANAGER, NATHUSARI CHOPTA, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2353 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. OM PRAKASH & 6 ORS. S/O. SAMPAT RAM,R/O. SAMPAT RAM, VILLAGE AND POST SHAKKER MANDORI, DISTRICT-SIRSA HARYANA ...........Respondent(s) REVISION PETITION NO. 2354 OF 2019 (Against the Order dated 25/03/2019 in Appeal No. 138/2019 of the State Commission Haryana) 1. RELIANCE GENERAL INSURANCE CO. LTD. THROUGH ITS SERVICE CENTRE AT A-12, MOHAN CO-OPERATIVE INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI-110044 ...........Petitioner(s) Versus 1. SITA RAM & 6 ORS. S/O. SH. SAMPAT RAM, R/O. VILLAGE AND POST OFFICE SHAKKER MANDORI, DISTRICT-SIRSA HARYANA 2. DEPUTY DIRECTOR OF AGRICULTURE SIRSA HARYANA 3. HDFC BANK LTD. THROUGH MANAGER, SANGWAN BUILDING NEAR CENEMA BANK, DR. SANGWAN CHOWK, SIRSA HARYANA ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER For the Petitioner : Mr. A.K. Soni, Advocate Mr. Pavan Kumar Vashishth, Advocate For the Respondent :
Dated : 19 Dec 2019 ORDER JUSTICE V.K.JAIN (ORAL)
1. The complainants, who are the farmers of Village Shakker Mandori in District Sirsa of Haryana, had got their crop insured under a Scheme of Govt. of India, namely, Pradhan Mantri Fasal Bima Yojna. The premium for the aforesaid insurance coverage was deducted from the accounts of the farmers with State Bank of India and was paid by the said bank to the petitioner company. The cotton crop sown by the complainants having got damaged due to white fly and other natural calamities, claims were lodged by them, for reimbursement in terms of the insurance policy which they had taken from the petitioner company. The claims having not been paid, the complainants approached the concerned District Forum by way of separate consumer complaints, impleading the petitioner company as well as the concerned Government officers as the opposite parties in the consumer complaints.
2. The complaint was resisted by the petitioner interalia on the grounds that there was no privity of contract between the petitioner and the complainants, no intimation of the loss had been given to them and the average yield was higher than the threshold yield in the Block Nathusari, of which Village Shakker Mandori formed a part.
It was also pleaded in the written version filed by the petitioner company that only two pickings were taken from the crop instead of minimum three pickings, which were required to be taken under the Scheme.
3. The Department of Agriculture which was also a party in the consumer complaints took the stand that they had conducted survey of the loss and prepared their report as per the Government guidelines and the provisions of the scheme.
4. The District Forum having held in favour of the complainants, the petitioner company approached the concerned State Commission by way of separate appeals. The said appeals also having been dismissed, the petitioner company is before this Commission.
5. Admittedly the premium for the crop insurance came to be paid from the accounts of the complainants. Therefore, it cannot be said that the complainants are not consumers of the petitioner company. As far as the alleged failure to intimate the loss to the insurer is concerned, it has been clarified in the written version filed by the State Bank of India before the District Forum that the scheme did not envisage any such intimation. Therefore, I find no merit in the aforesaid plea taken by the petitioner company.
6. The primary contention of the learned counsel for the petitioner company is that as per the Scheme under which crops were insured, at least four pickings were required to be taken at Village level, in order to make a correct assessment of the yield. He also submits that as against the requirement of taking at least four samples only two samples/pickings were taken as a result of which, a correct assessment of the yield was not possible. Form-2 filed by the petitioner company does show that only two pickings were taken from Village Shakker Mandori. However, it cannot be said with certainty that the yield at the Village level would have been found to be less had at least four samples been taken. The yield could have been found to be more, but could also have been less than the yield found on the basis of two samples. More importantly, it was for the Government and not for the farmers to take the samples. It would be absolutely unfair to the farmers to penalize them for any lapse on the part of the Government officials in taking pickings/samples from the crop in Village Shakker Mandori. The petitioner company having insured the crop and the data compiled by the Government on the basis of the sampling done by the Government officers having shown yield of 247.38 and the threshold yield admittedly being 606.78 for Block Nathusari, the petitioner company must necessarily reimburse the farmers under the insurance policy issued by it, though it should be at liberty to avail such remedy as may be open to it in law against the concerned Government on account of only two samples/pickings having been taken at village level as against the requirement of taking four pickings/samples as per the scheme. The revision petitions are, therefore, dismissed with liberty to the petitioner company to avail such remedy as may be open to it in law against the concerned Government.
......................J V.K. JAIN PRESIDING MEMBER