Adv.for the complainant- Sri A.K.Mishra & Associates.
Adv.for the O.Ps 1 & 2 - Sri B.K.Mishra.
Adv.for the O.P.No.3 - Sri S.K.Hota & K.C.Hota.
Date of filing of the case-21.12.2013
Date of order -16.10.2015
JUDGMENT.
Sri P.Samantara, President.
Case of the complainant-
The complainant availed on Khariff loan amounting to Rs 40,000/- on dated 13.09.2010. The complainant is also a Kisan Card holder .Thus under the NAIS (RKBY) the paddy insurance is mandatory. It is also averred the loan was advanced for the khariff season 2010-2011. The premium was debited on dt.07.10.2010 for an amount of Rs 1,000/- for the KCC khata No.617.
2. Further stated, for the year 2010-2011,Govt holding the Grama Panchayat as an unit declared crop damage percentage in May 2011, the government declared crop damage due to drought crop loss, the Grama Panchayat of the complainant. The declaration stipulates, the complainant is entitled to get Rs 15,000/- per acre and for five acres and odd of land, he is entitled to get Rs 77,000/- totally. Praying that the O.Ps may kindly be directed to pay a sum of Rs 77,000/- under the scheme for the crop season 2010-2011 with any relief deemed fit. Relied on pass book and record of right in photo copies.
3. In pursuant to notice, the O.Ps appeared and made their version.
4. O.P.1 and 2 filed the version in conjoint admitting petitioner availed khariff loan of Rs 40,000/- for the Khariff season 2010 and not for the khariff season 2010-2011 as stated in the complaint petition. It is emphatically denied that the said loan was availed for the khariff season 2010-2011.
5. The complainant being a loanee farmer, it was mandatory to, have been rolled on the NAIS crop Insurance Scheme. Accordingly the premium Rs 1,000/- was realized against his loan of Rs 40,000/- for khariff 2010 paddy crop.
6. On the notification, the O.Ps averred AIC of India vide letter dt.07.02.2014 communicated that during Khariff season 2010, Block was taken as notified area not “Gram Panchayat” as stated by the petitioner. Further during Khariff 2010, in the concerned notified area viz- “Puintala Block” the actual crop yi8eld was much more than the threshold yield and for which no insurance claim was made payable for insured farmers of “Puintala Block” under which the complainant resides. Praying the complainant may be dismissed against the O.Ps. Relied on letter dt.07.02.2014 and letter dt.01.07.2010.
7. The O.P.3 stating, the scheme is a sort of social measure. Under RKBY scheme, the compensation is on “Area Approach” basis, which means block is an unit, then all the farmers of that unit would receive compensation. For khariff 2010, season the actual yield is higher than the thresh hold yield. Therefore, no shortfall recorded in “Puintala Block” for paddy crop in khariff 2010 season and the issued certificate says “Puintala” is the Notified Insurance unit- since, the actual yield for khariff 2010 season i.e 3030 kg per hector is higher than the thresh hold yield i.e 1908 kg per hector for “Puintala Block of Bolangir District”. Therefore no claim was payable for Puintala Block of Bolangir district in khariff 2010 season for paddy crop. Relied on guidelines, letters and certificate.
8. Heard the learned counsels at each side and vehemently denying with arguments. Perused the documents on record.
9. Perusal of record reveals in paid of premium of Rs 1000/- on dt.07.10.2010,the complainant is a consumer so, the case is maintainable having no barred of limitation or cause of action on jurisdiction arises to note.
10. Further it is noticed, the petitioner availed the loan on dt.13.09.2010 and premium deducted on dt.07.10..2010.Both finance and premium debit within cut off date of year 2010 and the certificate issued by AIC of India amply speak the notified insurance unit is in the block “Puintala” not to any Grama Panchayat as unit, more to say “No claim was payable for Puintala Block of Bolangir district, in khariff 2010 season for paddy crop. The subsequent pass book successive premium deduction reveals, they are meant for the crop insurance cover for the year 2011 and not to the year of 2010.
In view of the above noted declaration along with specific blockwise clarification, we hold for the year 2010 no crop insurance loss was declared. so no claim is payable. Thus, contentions of O.Ps are in consistent to Govt. Declaration, no fault find with the O.Ps. The case holds no merit thus is hereby dismissed.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 16TH DAY OF OCTOBER 2015.
(G.K.Rath) (P.Samantara)
MEMBER. PRESIDENT.
