Date of filing:-04/11/2020.                                                                                                          Date of Order/Judgement:-21/03/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 92 of 2020.

Ramachandra Padhan, S/o. Fakira Padhan, aged about 32 years, R/o.village. Banjipali, Po. Badmal, Ps. Bhatli, Dist. Bargarh (Odisha).

                                                                                                             Complainant.

V e r s u s

1. Branch Manager, Union Bank of India, Khaliapali Branch, At. Khaliapali, Po. Bardol, Ps/Dist. Bargarh (Odisha).
2. 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,  Advocate with associate Advocates.

For the Opposite Party No.1:-       :- Exparte.

For the Opposite Party No.2:-       :- Sri P.K. Mahapatra, Advocate with associate Advocates.

                                                -: 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.21/03/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agarwal, Member(W):-

1. The case of the Complainant is that the Complainant obtained crop loan from OP No.1 and Operating A/c No. 678505030000365 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 2.26 decs. (1.07 hactre.) land  recorded under khata No. 116 of mouza Banjipali for kharif  2019 and paid Rs.1400/-(Rupees one thousand four hundred) 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 entitled for Rs.31,064/-(Rupees thirty one thousand sixty four) only per hectre totaling Rs.33,238/-(Rupees thirty three thousand two hundred thirty eight) only from the Opposite Parties.

During last part of August 2020 fellow farmers got the compensation, approached the Opposite Party No.1 to disburse the crop insurance compensation amount  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.

2. The Opposite Party No.1 Branch Manager, Union Bank of India, Khaliapali, Branch did not appear before this Commission, Hence, the Opposite party No.1 is set exparte on dT. 02/01/2023.
3.  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 Opposite party No.2 is the insurance company and 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 unde 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 no way responsible to compensate the Complainant. The Opposite party No.2 has not committed any unfair trade practice. Accordingly the Complaint is liable to be dismissed.

4. Perused the documents filed by the parties and the following issues are framed:-

                                                            I S S U E S

1. Is the Complainant not a consumer of the Opposite Parties ?
2. Whether the Complainant is entitled for the claim for deficiency in service ?
3. What relief the Complainant is entitled for ?

Issue No.1 :-

            The Complainant is having a loan A/c bearing no. 678505030000365 with the Opposite Party No.1.  Union Bank of India, Khaliaplai Branch and availed loan during khariff 2019 for his land Ac 2.26 decs. (1.07 hectre). The Opposite party No.1 on 31/07/2019 deducted on amount of Rs.1400/-(Rupees one thousand four hundred) 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.1400/-(Rupees one thousand four hundred ) only premium.

            Issue is answered accordingly.

Issue No.2:-

            During khariff 2019 the  Complainant has paid the premium of  Rs. 1400/-(Rupees one thousand four hundred)only and he is entitled for the insurance coverage and insurance subsidy.

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.

            During the years 2019, the declared crop damage for Sukuda G.P is 47.79% it means the insurance subsidy comes to about Rs. 33,238/-(Rupees thirty three thousand two hundred thirty eight)only. Due to nonsettlement 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. for the negligence of the Opposite party No.1, the Opposite party No.2 cannot be liable.

            Accordingly it is ordered.

                                                               O R D E R

The Complainant is allowed exparte against Opposite party No.1 Union Bank of India, Khaliapali, Branch and dismissed against Opposite party No.2, Oriental Insurance Company Ltd. The Opposite party No.1 is directed to pay the insurance claim amount of Rs. 33,238/-(Rupees thirty three thousand two hundred thirty eight)only, Rs. 10,000/-(Rupees ten thousand)only towards harassment  and  Rs.5000/-(Rupees five thousand)only for litigation expenses with interest 7% P.A. w.e.f 01/08/2019 within one month of this order to the Complainant. Failing which the entire order will carry 12% P.A. till realization.

            Order pronounced in open court on this 21^th  March 2023.

            Supply free copies to the parties.

Typed to my dictation

                                                                                     and corrected by me.                                                                                            

                  I  agree/-                                                                       

      ( Smt. Jigeesha Mishra)                                                          ( Smt. Anju Agarwal)

                Dt. 21/03/2023                                                                  Dt. 21/03/2023

                 President.                                                                         Member (W)

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(Sri Dusmanta Padhan)

     Office Assistant.