To file a case in comsumer foram against defficiency in banking service.
sanjaykumarpathak
(Querist) 11 March 2014
This query is : Resolved
Sir, We are two customers Named- “Sanjay Kumar Pathak” & “Vijay Kumar Pathak” of MBG Bank, Branch- Khiriyawan, PS- Madanpur, Dis- Aurangabad of Bihar having KCC Account- 71118800041680 & 71118800041671 respectively. Application for opening the KCC Account were made on 10-06-2013 and account opened on 11-07-2013. According to the Bank and also mentioned on the KCC passbook that the Crop would be insured by the Bank if balance is available in the KCC Account. Our agriculture wholly depends on the rain.
Notes: It is mentioned on the passbook of KCC that "keep sufficient balance in the KCC account so that the crop would be insured". When I requested(orally) to the branch manager to make crop insured then he replied that the crop would be insured by the bank automatically if you keep sufficient balance in kcc account. so don't withdraw the all money with the account and accordingly I kept sufficient balance in the account.
In this year (July-Nov 2013) our Crops were not insured by the Bank despite available balance in the account and several requests. During the year rain did not happen sufficiently for Kharif Crop as a consequence our whole crop (approx) destroyed in the lack of rain. Our district is one of the drought hit district (for 2013) declared by the government of Bihar. Due to absence of Kharif Crop Insurance we have to bear huge loss in agriculture and could not get any compensation. What can we do? Can We file a complain in consumer forum? If Yes then how, please say step wise. Where I can complain against this? Please assist me.
Devajyoti Barman
(Expert) 11 March 2014
Yes, you can file case beofe the consumer forum but before that do check the terms of the Policy.
Guest
(Expert) 11 March 2014
Well advised by Shri Devajyoti.
Rajendra K Goyal
(Expert) 11 March 2014
Generally the Banks in the agreement has the term that it is the duty of borrower to get the asset insured and submit the copy of policy to Bank and if copy not submitted Bank can get the insurance policy if so desire, at the cost of borrower.
If agreement containing such condition was signed, Bank may take defense of such clause.
Moreover, it has to be checked whether the insurance for drought due to rain scarcity is covered or not.
If the above factors are in your favor you have better chances of success in consumer forum.
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