Date of filing:- 19/10/2020.
Date of Argument:- 17/09/2022.
Date of Order/Judgement:-29/09/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 78 of 2020.
Subodh Bhoi, S/o. Atmaram Bhoi, aged about 34 years, R/o. village. Banjipali, Ps. Bhatli, Dist. Bargarh (Odisha).
..... ..... Complainant.
V e r s u s
- Branch Manager, UCO Bank, Bhatli Branch, At/Po/Ps. Bhatli, Dist. Bargarh (Odisha).
- Oriental Insurance Company Ltd, Sambalpur through its Divisional Manager, At. VSS Marg, Sambalpur, Ps/Dist. Sambalpur
... ….. Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri D. Acharya, Advocate with associate Advocates.
For the Opposite Party No.1:- :- Sri A.K. Dash, Advocate with associate Advocates.
For the Opposite Party No.2:- :- Sri P.K. Mahapatra, Advocate with associate Advocates.
-: P R E S E N T :-
Dr. Ramakanta Satapathy ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.29/09/2022. -: J U D G E M E N T:-
Presented by Dr. Ramakanta Satapathy, President:-
- The case of the Complainant is that the Complainant obtained crop loan from OP No.1 UCO Bank, Bhatli Branch and Operating A/c No. 04960510013298 and for financial security taking benefits under Pradhan Mantri Fassal Bima Yojana (PMFBY) for the paddy crop. The Op No.2 Insurance Company has undertaken the kharif 2019 insurance work and the OP No.1 as nodal Bank has to collect the premium and remit it to the insurance company. The loanee farmers are compulsorily covered under the scheme. The Complainant insured his Ac 3.75 decs. (1.50 hact.) land for kharif 2019 and paid Rs.1950/-(Rupees one thousand nine hundred fifty) only premium on 31/07/2019 though his account. After deduction, the Opposite Party No.1 is to remit the amount to Opposite Party No.2.
For adverse weather condition the Govt. declared 47.79% crop damage in Sukuda G.P. under Bhatli Block. The Crop insurance amount per hectre was Rs.65000/- (Rupees sixty five thousand) only in Sukuda G.P. and the Complainant is intitled for Rs.31,064/-(Rupees thirty one thousand sixty four) only per hectre totaling Rs.46,596/-(Rupees fourty six thousand five hundred ninety six) only from the Opposite Parties.
During August 2020 fellow farmers got the compensation, approached the Opposite Party No.1 but the Opposite party No.1 deferred the same on different pretext and ultimately refused to make payment. Being harassed the Complainant sought redressal before this Commission.
- The Opposite Party No.1 UCO Bank, Bhatli Branch in its version submitted that the Complainant deposited Rs.1820/-(Rupees one thousand eight hundred twenty two) only on 30/07/2019 under PMFBY Scheme. The Govt. declared 47.79% crop damage and Rs.65,000/-(Rupees sixty five thousand) only per hectre during khariff 2019. The Complainant is entitled to get Rs.46,596/-(Rupees fourty six thousand five hundred ninety six) only as compensation, this fact is not known and denied. The Opposite Party No.1 denied its liability and the allegations against Opposite Party No.1 are denied. The Opposite Party No.1 has duly remitted an amount of Rs.4,05,087/-(Rupees four lakh five thousand eighty seven) only towards premium of 472 farmers including the Complainant vide UTR No. UCBAR19219065057 XUTR-UCBAH2019080700065057 dated 07/08/2019 to the Opposite party No.2 A/c No. 4077002100028027 in the PNB, Sahid Nagar Branch, Bhubaneswar. The Opposite Party No.2 is liable to pay the compensation. The Complaint is barred by limitation. There is no any deficiency on the part of Opposite Party No.1 and Complaint is liable to be dismissed.
- The Opposite Party No.2, Oriental insurance Co. Ltd, in its version submitted that the Complainant can not be termed as a Consumer. The Opposite Party No.1 is operating the loan transaction with Complainant. The farmers availing loan from Bank are compulsorily covered and it is the duty of Opposite Parties to insure is not true. The Complainant has not deliberately mentioned in his Complaint the detail particulars of the land, like plot number, khata number, mouza and G.P. The Opposite Party No.2 denied its liability. The banks are authorized to upload the insured farmers data mandatorily on the National Crop Insurance Portal (NCIP) and no other platform shall be used for uploading of their details on portal. The concerned intermediary is responsible for payment of claims. The Opposite Party No.2 can not modify the data uploaded.
The Complainant insured under Kesaipali G.P. in Bhatli Block and not under Sukuda G.P. in Bhatli block. Kesaipali G.P. is not eligible under the scheme during khariff 2019.
The Opposite Party No.2 is not responsible for the claim. The Opposite party No.2 is not deficient in its service, nor committed any unfair trade practice. Accordingly the Complaint is liable to be dismissed.
- Perused the documents filed by the parties and the following issues are framed:-
I S S U E S
- Is the Complainant not a consumer of the Opposite Parties ?
- Whether the Complainant is entitled for the claim for deficiency in service ?
- What relief the Complainant is entitled for ?
Issue No.1 :-
The Complainant is having a loan A/c bearing no. 04960510013298 with the Opposite Party No.1. UCO Bank, Bhatli Branch and availed loan during khariff 2019 for his land Ac 3.75 decs. (1.50 hectre). The Opposite party No.1 on 31/07/2019 deducted on amount of Rs.1950.00/-(Rupees one thousand nine hundred fifty) only from the A/c of the Complainant towards PMFBY 2019 Insurance premium. The Opposite Party No.1 Bank is an intermediary to the insurance contract between the Complainant and the Opposite party No.2. Accordingly, the Complainant is a consumer of the Opposite Party No.1 as a Loanee farmer and Consumer of Opposite Party No.2 as his crop is insured by paying Rs.1950.00/-(Rupees one thousand nine hundred fifty) only premium.
Issue is answered accordingly,
Issue No.2:-
During khariff 2019 the Opposite party No.1 remitted Rs.405087.80p/-(Rupees four lakh five thousand eighty seven and eighty paise) only towards insurance premium vide UTR No. UCBAR 19219065057 XUTR-UCBAH 2019080700065057 on 31/07/2019 to the Opposite Party No.2 under PMFBY Scheme relating to 472 farmers including the Complainant. In the proposal the Opposite Party No.1 uploaded the name of crop village as Badmal level 5 name Kesaipali, Area insured 1.50 hectre, sum assured Rs.97,500/-/-(Rupees ninety seven thousand five hundred) only under Bhatli, Ps. having Application I.D. 040121191150635443001, farmer, I.D. 67384064. During the year it was declared by the govt. crop loss of 47.79%.
In the collection of proposals and premium from farmers guidelines it is a special condition that, Those farmers whose date is uploaded on the National crop. Insurance portal shall only be eligible for Insurance coverage and accordingly the premium subsidy will also be released. In cases where farmers are denied crop insurance due to incorrect/partial/non uploading of their details on portal, concerned Banks/intermediaries shall be responsible for payment of claims to them.
In the present Complaint as the Complainant paid the premium of Rs.1950/-(Rupees one thousand nine hundred fifty) only he is entitled for the insurance coverage and insurance subsidy.
The insurance coverage is Rs.97,500/-/-(Rupees ninety seven thousand five hundred) only as per statement of the Opposite Party 1. The declared crop damage for Sukuda G.P is 47.79% it means the insurance subsidy comes to Rs.46,596/-(Rupees fourty six thousand five hundred ninety six) only. Due to non settlement of claim the Complainant is harassed and could not get the benefits in time like other farmers of the locality.
The issue is answered in favour of the Complainant.
Issue No.3:-
As discussed supra the Complainant is entitled for the relief claimed. The Opposite Party No.1 is deficient in its service by not providing correct data in the N.C.I.P. as a result the Opposite party No.2 did not settle the claim. The loan is granted by the Opposite party No.1. The land documents was with Opposite party No.1 whereas while uploading mentioned it as Kesaipali G.P. under Bhatli P.s. in place of Sukuda G.P. In the guidelines the Opposite party No.2 is vey specific. For the negligence of Opposite Party No.1 the Opposite party No.2 can not be liable
Accordingly it is ordered.
O R D E R
The Complaint is allowed on contest against Opposite Party No.1 UCO Bank, Bhatli Branch and dismissed against no.2. The Opposite Party No.1 is directed to pay the insurance claim amount of Rs.46,596/-(Rupees fourty six thousand five hundred ninety six) only, Rs.20,000/-(Rupees twenty thousand) only towards harassment and Rs.5,000/-(Rupees five thousand) only litigation expenses along with interest @ 7% w.e.f. 01/08/2019 within one month of this order. In case of non payment the entire amount will carry 12% interest per annum till realization.
Order pronounced in open court on this 29th September 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Anju Agarwarl) ( Dr. Ramakanta Satapathy)
M e m b e r (w) P r e s i d e n t.
Uploaded by
Office Assistant,
DCDRC, Bargarh.
