BARODA RAJASTHAN KSHETRIYA GRAMIN BANK Vs. KISHNA RAM
LAWS(NCD)-2020-2-92
NCDRC
Decided on February 20,2020

Baroda Rajasthan Kshetriya Gramin Bank Appellant
VERSUS
Kishna Ram Respondents

JUDGEMENT

V.K. Jain,J. - (1.) Vide its Notification dated 13.12.2013, Govt. of Rajasthan notified a Weather Based Crop Insurance Scheme for Rabi 2013-14 for the districts mentioned in the said Notification. The scheme was applicable in respect of the crops included in the Notification and interalia covered Gram. The Districts in which the scheme was to be enforced included Churu in Rajasthan. Under the scheme, the crop of the farmers who had taken loans from the banks and financial institutions was to be insured by several insurers including respondents ICICI Lombard General Insurance Co. Ltd.and HDFC Ergo General Insurance Co. Ltd., hereinafter referred to as the 'insurer'. It was mandatory for the banks and financial institutions who had disbursed loans to the farmers to obtain insurance cover in respect of all such farmers. Under the scheme, the bank / financial institution concerned was required to send the requisite details including a Declaration to the insurer. The Declaration which the banks/financial institutions were to send to the insurer was to disclose the notified Weather Stations as well as Weather Centres from which the weather data was to be collected.
(2.) The complainants in these matters are farmers who had grown Gram crop in the villages of District Churu. The petitioner bank, while sending the requisite documents including Declaration Form to the insurer, named Pithisar as the notified Weather Centre though the Weather Centre at Pithisar was not functioning at that time. The name of the backup weather station was not disclosed in the Declaration Form so submitted by the petitioner bank to the insurer. The consolidate single premium required for insurance of the crop, however, was remitted to the insurer.
(3.) The complainants having suffered loss on account of bad weather in the area, claims were lodged by them. The insurer made payment as per the data available in respect of a Centre, namely, Khiwalsar. The complainants wanted compensation based upon the data available at the Weather Centre Jasrasar. Therefore, they approached the concerned District Forum by way of separate consumer complaints seeking the difference between the compensation computed as per the data available at Jasrasar and the compensation based upon the data available at Khiwansar.;


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