Date of filing:- 29/09/2020.
Date of Order:-27/05/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 75 of 2020.
Nekkanti Laxmi Durga, aged about 42 (forty two) years, W/o Nekkanti Satyanarayan, R/o. Village- Jamtikra, Po. Kulunda, Ps/Tahasil. Attabira, Dist. Bargarh-768027. ..... ..... ..... Complainant.
-: V e r s u s :-
- Branch Manager, State Bank of India, Attabira Branch, Attabira, Po/Ps. Attabira, Dist. Bargarh.
- Regional Manager, State Bank of India, Sambalpur, At- Hussian House, Aithapali, Dist. Sambalpur-768004.
- Branch Manager, Oriental Insurance Company Ltd, Bargarh Branch, Bargarh, At-Canal Avenue, Bargarh, Po/Ps/Dist. Bargarh.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri C.R.Panda, Advocate with associates.
For the Opposite Party No.1 & No.2 :- Sri A.K.Dash, Advocate.
For the Opposite Party No.3(three):- Sri P.K.Mahapatra, Advocate with associate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.27/05/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is a bonafide customer of Opposite Party No.1(one) vide Account No. 33601315448 has incurred crop loan of ₹ 67,000/-(Rupees sixty seven thousand)only on Dt.26-06-2019 for her agricultural land situated at Mouza- Kulunda under Attabira Police Station. The Opposite Party No.1(one) on Dt. 25-07-2019 has debited ₹1,339/-(Rupees one thousand three hundred thirty nine)only towards PMFBY insurance premium. For Kharif-2019, the Govt. declared 36.50% of crop damage and the Complainant is entitled to get ₹24,455/-(Rupees twenty four thousand four hundred fifty five)only for insurance claim. The Complainant has approached Opposite Party No.1(one) to No.3(three) several times but the Opposite Parties denied to make payment. For the deficiency in service caused by the Opposite Parties the Complainant filed the complaint before this Commission praying that the Opposite Parties be directed to pay ₹24,445/-(Rupees twenty four thousand four hundred fifty five)only towards indemnification for crop loss, ₹20,000/-(Rupees twenty thousand)only towards mental agony and harassment and ₹15,000/-(Rupees fifteen thousand)only towards litigation cost.
2) The case of the Opposite Party No.1(one) and No.2(two) is that both the Opposite Party No.1(one) and No.2(two) have jointly filed its version and submitted that the Complainant has insured crop loan of ₹67,000/-(Rupees sixty seven thousand)only on dated 26-06-2019 for cultivation of agricultural land at Mouza-Kulunda under Attabira Police Station is denied, the crop loss was incurred by her for agricultural land situated at Mouza-Bugbuga, Ps. Attabira. It is admitted by the Opposite Party No. 1(one) and No.2(two) that ₹1,339/-(Rupees one thousand three hundred thirty nine)only was remitted from the Complainant's KCC loan account No. 33601315448 in respect of her landed property of Ac. 0.36 denied out of consolidation Khata No. 245 and an area of Ac. 1.32 decimal situated at Mouza-Bugbuga and the said amount was remitted to the Opposite Party No.3(three). The agricultural land of Mouza-Bugbuga was not notified as drought affected area for Kharif-2019, there was no deficiency in service on the part of Opposite Party No.1(one) and No.2(two), the case to be dismissed against the Opposite Party No.1(one) and No.2(two).
3) The case of the Opposite Party No.3(three) is that the Opposite Party No.3(three) has filed its version and submitted that the Complainant cannot be a consumer. It is denied by the Opposite Party No.3(three) that on 25-07-2019 the Complainant has debited insurance premium of ₹1,339/-(Rupees one thousand three hundred thirty nine)only for agricultural land situated at Mouza-Kulunda. As per the data uploaded in PMFBY the Complainant is loanee farmer and and is insured under Bugbuga Gram Panchayat (GP) in Attabira Block for 1.03000 (i.e. 0.83000+0.20000) hector of land for sum ensured amount of ₹66,950/-(Rupees sixty thousand nine hundred fifty)only and not under Kulunda Gram Panchayat in Attabira Block. Basing on the Actual Yield and Threshold Yield there was no yield loss claim and hence the farmers insured under Bugbuga Gram Panchayat are not eligible to get indemnity benefits. The Complainant has approached to the Opposite Party regarding insurance claim and as the Bugbuga Gram Panchayat has not declared as crop loss, there lies no deficiency in service on the part of the Opposite Party No.3(three).
4) Perused the documents filed by the parties and it reflects that the Complainant is having a loan account bearing No. 33601315448 with the Opposite Party No.1(one). The Opposite Party No.1(one) has debited ₹1,339/-(Rupees one thousand three hundred thirty nine)only towards PMFBY Kharif-2019 insurance premium. The Complainant has submitted that the loan has been insured for the land at Mouza-Kulunda whereas the Opposite Party has submitted that the Complainant has insured for the land Bugbuga.
As per Section 38 (3)(C)of Consumer Protection Act-2019 the case can be decided on merit but as the Complainant is absent and the facts of the land is not ascertained, the Commission decided to dismiss the case against the Opposite Parties.
Accordingly it is ordered.
O R D E R
5) The case is dismissed against the Opposite Parties.
No cost to the Complainant.
6) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.27/05/2024 and the case is dismissed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
