Date of filing:- 04/03/2020.                                  

                                                                                                                              Date of Order/Judgement:-27/12/2022.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 28 of 2020.

Amiya Bhusan Chand, S/o. Minaketan Chand, aged about 58 years, R/o. Village. Lupursingha, Ps. Bheden, Dist. Bargarh (Odisha).

                                                                      .....               .....       Complainant.

V e r s u s

1. Branch Manager, Union Bank of India, Bargarh Branch, At/Po/Ps/Dist. Bargarh(Odisha).
2. Oriental Insurance Company Ltd, through its Divisional Manager, Divisional Office, VSS. Marga, Sambalpur, Po/Ps/Dist. Sambalpur, Odisha.

 ...            …..  Opposite Parties.                              

Counsel for the Parties:-

For the Complainant :-                :- Sri Jogesh Padhan,  Advocate with associate Advocates.

For the Opposite Party No.1:-       :- Sri M.K. Agrawal,  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 :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.27/12/2022.                                 -: 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 Union  Bank of India, Bargarh Branch and operating his transaction vide A/c. No. 365305030002349 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 had cultivated peddy crops over is Accre 5.610 Dec (2.24 hector) and  availed crop loan per an amount of Rs.200000/-(Rupees two lakh) only from Opposite party No.1 on Dt. 04/12/2018 and Opposite party No.1 as per the guideline debited  Rs.3000/-( Rupees three thousand) only in the account of the Complainant on Dt.31/12/2018 towards premium for crop insurance for the  Rabi 2018-19 season crop.

For adverse weather condition the Govt. declared 70% crop damage in Lupursingha G.P. under Bheden Block. The Crop insurance amount per hectre was Rs.63000/- (Rupees sixty three thousand) only in Lupursingha G.P. and the Complainant is intitled for Rs.98,784/-(Rupees ninety eighty thousand seven hundred eighty four) only from the Opposite Parties.

During last part of  November 2019 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.

2. The Opposite Party No.1 Union Bank of India, Bargarh Branch  in its version submitted that the Complainant  availed crop loan for an amount of Rs.200000/-(Rupees two lakh) only from the Opposite party No.1 on Dt. 04/12/2018 and Opposite party No.1 as per guideline debited Rs.3000/-(Rupees three thousand) only on Dt. 31/12/2018 under PMFBY Scheme. The Govt. declared 70% crop damage in Lupursingha G.P.  under Bheden block where Rabi 2018-19 in respect of paddy crop not known  and hence denied.

That the Opposite party No.1 as transfer the insurance premium amount with the Opposite party No.2 and  when the land and Aadhar Details of the Complainant where enter in prescribe website of the Insurance Scheme it was failed for the  reason duplicate entry. The Complainant has taken crop loan from more then one financial institution  and hence complainant petition may kindly be dismissed.

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 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 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.

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. 365305030002349 with the Opposite Party No.1.  Union  Bank of India, Bargarh Branch and availed crop loan of Rs.200000/-(Rupees two lakh) only during Rabi 2018-19 for his land Ac 5.610 decs(2.24 hectre). The Opposite party No.1 on 31/12/2018 deducted on amount of Rs.3000/-(Rupees three thousand) only from the A/c of the Complainant towards PMFBY 2018-19 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.3000/-(Rupees three thousand) only premium.

            Issue is answered accordingly,

Issue No.2:-

            During Rabi 2018-19 the Opposite party No.1 deducted Rs.3000/-(Rupees three thousand) only towards insurance premium Under PMFBY Scheme. In the proposal the Opposite Party No.1 uploaded the name of crops village as Lupursingha Block Bheden area insured Acre 5.610 dec. (2.24 hector) sum ensured at Rs.63000/-(Rupees sixty three thousand) only per hector during the year it was declare the Govt. crop loss of 70%.

            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.3000/-(Rupees three thousand) only he is entitled for the  insurance coverage and insurance subsidy.

            The question of double entry 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.

            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.98,784/-(Rupees ninety eight thousand seven hundred eighty four) only, to the Complainant within one month from the date of this Order. Further, the Opposite No.1 is directed to pay Rs.140,000/-(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 27^th  December 2022.

            Supply free copies to the parties.

Typed to my dictation

                                                                                      and corrected by me.                                                                                           

                   I  agree/-                                                                       

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

             Dt.27/12/2022                                                                        Dt.27/12/2022

                 P r e s i d e n t.                                                              M e m b e r   (w)

       UPLOADED BY

(SRI DUSMANTA PADHAN)

      OFFICE ASSISTANT.