Date of filing:- 09/07/2020.
Date of Order/Judgement:-27/02/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 57 of 2020.
Premanda Sahu, S/o. Pruthiraj Sahu, aged about 54 Years, R/o. Village Tilapali, Jamurda, Ps. Bargarh Town, Dist. Bargarh (Odisha).
Complainant.
V e r s u s
- Branch Manager, Union Bank of India, Bargarh Branch, At./Po./Ps./Dist. Bargarh (Odisha).
- Oriental Insurance Company Ltd, Sambalpur through its Divisional Manager, At. VSS Marg, Sambalpur, Ps/Dist. Sambalpur.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri D. Acharya and Associates.
For the Opposite Party No.1, :- Sri M.K. Agrawal and Associates.
For the Opposite Party No.2. :- Sri Pradeep Kumar Mahapatra with Associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.27/02/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w):-
- The case of the Complainant is that the Complainant obtained crop loan from the OP No.1/ Bank and operating his transactions with op no.1 vide A/c. No. 365305030002369 and for financial security taking benefits under Pradhan Mantri Fassal Bima Yojana (PMFBY) for the paddy crop inter alia other crops. The Op No.2 Insurance Company has undertaken the job of Agricultural insurance in District of Bargarh 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 has insured his and has deposited the premium amount of Rs. 6,000 /-( Rupees Six thousand) on Dt. 23/07/2019 through his KCC Bank Account No. 363505030002369 in the branch of Op.No.1.The Opposite party No.1 as per the guideline deducted the said premium of Rs.6000/-( Rupees six thousand) only and after deduction the op.no.1 is to remit the amount to op.no.2.
For adverse weather condition the Govt. declared 45.9% crop damage in Jamurda G.P. under Bargarh Block. During May 2020 the complainant learnt that fellow farmers got the compensation, approached the Opposite Party No.1and also wrote a letter to disburse his compensation 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 case of the Opposite Party No.1 Union Bank of India, Bargarh Branch in its version submitted that the Complainant availed crop loan from the Opposite party No.1 through KCC Bank Account No 363505030002369 and the complainant has insured his paddy crops for Kharif 2019 and as such the complainant has deposited the premium amount of Rs. 6,000 /-( Rupees Six thousand) on Dt. 23/07/2019 2019 through his KCC Bank Account and the premium amount has been deducted and after deduction the op.no.1 is to remit the insurance premium to op.no.2.Hence, in view of transaction between the parties the complainant is a consumer of opposite parties is false and denied.
That the Opposite party No.1 as transferred the insurance premium amount with the Opposite party No.2 and when the land and Aadhar Details of the Complainant where enter in prescribed website of the Insurance Scheme it was failed for the reason duplicate entry that i.e, the land and Aadhaar details of the complainant were entered by other on the same lands and Aadhar number of the complainant. The op.no 1 has informed the op.no 2 for refund of the premium amount and hence complainant petition may 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 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.That , the op could not find any entries relating to the farmer Sri Premananda Sahu .so the Concerned Bank has not uploaded the details of the Complainant farmer hence the Opposite party No.2 is no way responsible for non-settlement of the claim of the Complainant.
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 KCC Account bearing no. 365305030002369 with the Opposite Party No.1. Union Bank of India, Bargarh Branch and availed crop loan during Kharif 2019 in respect of paddy crop interalia other crop in Jamurda G.P under Bargarh Block. The Opposite party No.1 on 23/07/2019 deducted on amount of Rs.6000/-(Rupees Six thousand) only from the A/c of the Complainant towards PMFBY Kharif 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.6000/-(Rupees six thousand) only premium under PMFBY.
Issue is answered accordingly,
Issue No.2:-
During Kharif 2019 the Opposite party No.1 deducted Rs.6000/-(Rupees six thousand) only towards insurance premium Under PMFBY Scheme. In the proposal the Opposite Party No.1 has to upload the name of complainant at Jamurda G.P under Block Bargarh . The total sum assured was Rs.3,00,000/-(Rupees three lakhs) and it the Govt. declared 45.9% crop damage in Jamurda Gram Panchayat under Bargrh Block for Kharif 2019 in respect of paddy crops.
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.6000/-(Rupees six thousand) only ,when the complainant learnt from fellow farmers ,a letter on Dt, 1/06/2020 was communicated to op.no .1 for insurance claim thr op.no 1 on Dt. 1/07/2020 denied on the ground that when the said premium was entered in PMFBY Portal the portal showed “Duplicate Aadhar Record already exists” but it is the duty of the Bank to compulsorily take Aadhar Number before sanction of crop loan /KCC intrest. The loan is granted by the op.no 1 and the said land documents was with the op.no.1 so it is the duty of op.no 1 to verify the Aadhar number before sanction of crop loans and at the time of insurance claim the op.no 1 cannot escape from his liability from non uploading of premium in the concerned portal. The question of double Aadhar record raised by the Opposite party No.1 is here by rejected as the premium subsidy will be released after uploading the data on the NCIP.
In the present complaint as the complainant has paid the premium of Rs. 6,000( Rupees six thousand )only , the complainant is entitled for the insurance coverge.
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. As per the PMFBY 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 Union Bank of India, Bargarh Branch and dismissed against Opposite Party No.2. The Opposite Party No.1 is directed to pay the insurance claim amount of Rs.1,37,700/-(Rupees one lakh thirty seven thousand seven hundred ) only, along with 5% interest p.a w.e.f from Dt.23/07/2019 to the Complainant within one month from the date of this Order. Further, the Opposite No.1 is directed to pay Rs.10,000/-(Rupees ten thousand) only compensation for harassment and Rs.5000/-(Rupees five thousand) only litigation expenses. Failing which, the entire amount will carry 12% interest per annum till realization.
Order pronounced in open court on this 27th February 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Anju Agarwal)
Dt.27/02/2023 Dt.27/02/2023.
P r e s i d e n t M e m b e r (w)
UPLOADED BY
(SRI DUSMANT PADHAN)
OFFICE ASSISTANT.
