Date of filing:- 24/03/2021.
Date of Order/Judgement:-16/01/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 27 of 2021.
Dhabaleswar Sahu, S/o. Dasarathi Sahu, aged about 45 years, R/o. village. Manapada, Po. Manapada, Tah. Attabira, District. Bargarh (Odisha)
..... ..... Complainant.
V e r s u s
- Branch Manager, ICICI Bank, Bargarh Branch, At/Po/Ps/ Dist. Bargarh (Odisha)
- Area Manager, The Oriental Insurance Company Ltd, Veer Surendra Sai Marg, Main Road, Sambalpur 768001.
... ….. Opposite Parties.
Counsel for the Parties:-
For the Complainant: - :- Sri B. Panda, Advocate with associate Advocates.
For the Opposite Party No.1:- :- Sri M.K. Nayak, 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.16/01/2023. -: 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 availed crop loan from Opposite party No.1 ICICI Bank, Bargarh Branch vide Account No. 063751000006 for financial security to the farmers by mitigating their loses in the time of distress under Pradhan Mantra Fasal Bima Yojna (PMFBY) for the paddy crops interalia other crops. The Opposite Party No.2 insurance company has under taken the Rabi 2019-20 insurance work and Opposite Party No.1 as nodal bank has to collect the premium and remit it to the insurance company. As per the said guideline all the loanee farmers are compulsorily covered under the scheme. The Complainant has insured the Ac 5.54 dec. land for Rabi 2019-20 and deposited Rs. 2,076.75/- (Rupees two thousand seventy six and seventy five paise) only premium on Dt. 27/12/2019 through 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 85.83% crop damage for Rabi 2019- 20 season in respect of paddy crops. During first part of 2020, the Complainant came to know that the fellow farmers are getting compensation but when he approached to Opposite party No.1 regarding compensation, the Opposite party No.1 deferred the same on different pretext and they never disbursed the same.
Being aggrieved the Complainant filed this Complaint before this Commission.
- The Case of the Opposite party No.1 ICICI Bank, Bargarh Branch in its version submitted that Rs. 2,076.75/- (Rupees two thousand seventy six and seventy five paise) only was debited on Dt. 31/12/2019 for Rabi 2019-20 as per PMFBY guidelines. The Opposite party No.1 further submitted that as per PMFBY guidelines point no. 35.9.2 all loanee farmers are compulsorily required to submit number/copy of Aadhar card to Authenticate themselves through Aadhar enabled e-kyc along with Mobile number for enrollment under the crop insurance before the prescribed cut off date. The said premium payment has been remitted to Opposite Party No.2. It was further submitted by Opposite Party No.1 that SMS was sent to Complainant before beginning of season in Oct 2019 to update his Aadhar in Order to avail benefit under crop insurance scheme. Hence, bank in not liable to pay claims in case of Crop damage. There is no deficiency in service on the part of Opposite party No.1.
- The Opposite Party No.2 Oriental Insurance Co.ltd in his 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 Party is not true. The banks are authorized to upload the insureds farmers data mandatorily on the NCIP portal under PMFBY scheme. Those farmers whose data is uploaded in the NCIP shall be eligible for insurance coverage, and no other platform shall be used for uploading of their details on portal. The correct uploading data of loanee farmers lies with the concerned bank alone.
In this case there were only 12 number of application has been uploaded by the concerned bank branch on the portal and there is no entry pertaining to complainant farmer among them.
Hence, 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 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. 063751000006 with the Opposite Party No.1. ICICI Bank, Bargarh Branch and availed loan during Rabi 2019-20 for his land Ac. 5.54 dec (2.13 hector.). The Opposite party No.1 on Dt. 31/12/2019 deducted Rs. 2,076.75/-(Rupees two thousand seventy six and seventy five paise) only from the account of complainant toward PMFBY 2019-2020 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 Opposite party No.1 as a loanee farmer and a Consumer of Op No.2 as his crop is insured by paying Rs.2,076.75/-(Rupees two thousand seventy six and seventy five paise) only towards, insurance premium under PMFBY.
Issue is answered accordingly.
Issue No.2:-
During Rabi 2019-20 the Opposite party No.1 deducted Rs.2,076.75/-(Rupees two thousand seventy six and seventy five paise) only towards insurance premium Under PMFBY Scheme. In the proposal the Opposite Party No.1 uploaded the name of Complainant at Manpada insured Acre 5.54 dec (2.13 hector) total sum insured at Rs.1,38,450/-(Rupees one lakh thirty eight thousand four hundred fifty) only during the year it was declared crop loss of 83%.
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.
The plea taken by Opposite party No.1 that SMS has been sent to the Complainant regarding Aadhar is hereby rejected as it is the duty of the Bank to Compulsorily take Aadhar/Aadhar enrollment number as per notification under Aadhar Act before sanction of crop loan/Kcc under interest. (PMFBY 35.9.3).
In the present Complaint as the Complainant paid the premium of Rs. 2076.75/-(Rupees two thousand seventy six and seventy five paise) only and the premium subsidy will be released after uploading the data on the NCIP, the Complainant is entitled for the insurance coverage and insurance subsidy.
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 role of Opposite party No.2 is very specific. For the negligence of Opposite Party No.1 the Opposite party No.2 cannot be liable.
Accordingly it is ordered.
O R D E R
The Opposite Party No.1 is directed to pay the insurance claim amount of Rs.1,20,300/-(Rupees one lakh twenty thousand three hundred) only along with 5% interest w.e.f. 27/12/2019 within one month failing which the amount will carry 7% interest P.A. till realization.
The Opposite party No.1 is further directed to pay Rs.10,000/-(Rupees ten thousand) towards harassment and Rs.5,000/-(Rupees five thousand) only for litigation.
Order pronounced in open court on this 16th January 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) ( Smt. Anju Agarwal)
Dt.16/01/2023. Dt.16/01/2023
P r e s i d e n t. M e m b e r (w)
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