Date of filing:-20/11/2020 Date of Order/Judgement:-26/12/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 97 of 2020.
Buddhadeb Sahu, S/o. Lalji Sahu aged about 52 years, Occu. Cultivation. R/o. Bhatigaon, Po. Majhipali, Ps. Bijepur and Dist. Bargarh.
……. ..... Complainant.
V e r s u s
- Chair Man.Cum. Managing Director Oriental Insurance Company Limited, Oriental Insurance Company Limited A 23/27, ASAF Ali Road, The Oriental House, Head Office New Delhi 110001.
- Branch Manager. Oriental Insurance Company Ltd, Branch At. Bargarh, Po/Ps/Dist. Bargarh.
- Branch Manager, Union Bank Of India, Talpadar, Po/Talpadar, Ps/ Bijepur And Dist. Bargarh.
….. Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri C.D. Jal and other Associates.
For the Opposite Party No.1 and 2 :- :- Sri P.K. Mahapatra with other Associates.
For the Opposite Party No.3:- :- Exparte.
-: 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.26/12/2022. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant is permanent resident of village Bhatigaon, P/o. Majhipali, Ps. Bijepur, Dist. Bargarh but he has ancestral cultivable land at village Nuapali, Ps. Melchhamunda, Dist. Bargarh. He uses to cultivate Ac. 08.00 acres of land appertaining to M.S. Khata No. 9 of Mouza Nuapali recorded in name of Jadumani Sahu. The petitioner has made crop insurance for Ac. 05.90 dec. of land of mouza Nuapali , Ps. Melchhamunda, Dist. Bargarn appertaining to MS khata No. for the year 2019 as per Pradhan mantra Fasal Bima Jojana (PMFBY) vide application No. 040121191151577764501 premium of Rs.1443/-(Rupees one thousand four hundred fourty three) only was paid for the total insurance amount of Rs.72,150/-(Rupees seventy two thousand one hundred fifty) only in the Union Bank of India at Talpadar Branch, Ps. Bijepur, Dist. Bargarh bearing A/c no. 493405030000816 I.F.S.C. No. UBIN0549347. There was crop damage and all the insjurance holders relating to land of mouza Nuapali under Chikhili Panchayat, Ps. Gaisilet have got insurance amount but the petitioner has not got the insured amount relating to same village Nuapali. The petitioner has approached oriental insurance local authorities and the manager of Union Bank of India Branch at. Talpadar but they avoided with some pretext. Finding no other way the petitioner sent regd. Notice through his advocate on 06/10/2020. It also did not yield any result. No sum insured was paid to the petitioner through he is entitled for the same. There is deficiency in service on the part of the Opposite parties and they are liable for this.
- The case of the Opposite parties is that Opposite Party No.1 and 2 filed their version and Opposite party No.3 is set exparte on 23/09/2022. The Opposite party No.2 and 3, the oriental insurance Co. Ltd submitted that the Complainant can not be termed as a Consumer. The Opposite party No.2 and 3 denied their 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 paty No.2 and 3 can not modify the date uploaded.
The Complainant insured under Bhatigaon Gram Panchayat in Bijepur Block. For Kharif 2019 season the farmers insured under Bhatigaon G.P. are not eligible for crop insurance claim.
The Opposite Party No.2 and 3 are not responsible for the claim and they are not deficient in their service. Accordingly the Complaint is liable to be dismissed.
- Perused the documents filed by the parties and the following issues are framed :-
ISSUES
- Whether the Complainant is a Consumer of the Opposite parties ?
- Whether the Opposite parties are deficient in their service ?
- What relief the Complainant is entitled for ?
Issue No.1:-
The Complainant having a loan A/c No. 493405030000768 with the Opposite Party Union Bank of India, at. Talpadar Branch, Ps. Bijepur, Dist. Bargarh. The Complainant paid Rs.1443/-(Rupees one thousand four hundred forty three) only towards insurance premium. Opposite Party No.3 Union Bank of India is an intermediary to the insurance contract between the Complainant and the Opposite Party No.2 and 3. Accordingly the Complainant is a Consumer of Opposite Party No.3 as a lonee farmer and Consumer of Opposite party No.1 and 2 as his crop is insured by paying Rs.1443/-(Rupees one thousand four hundred forty three) only towards insurance premium.
The issue is answered accordingly.
Issue No.2:-
In the present case the Complainant paid Rs.1443/-(Rupees one thousand four hundred forty three) only towards insurance premium and he is entitled for insurance coverage and insurance subsidy.
Accordingly to the documents filed by Opposite party No.1 and 2 the insurance amount is Rs.72,150/-(Rupees seventy two thousand one hundred fifty) only and insured area is 1.11000. The Govt. declared 65.94% crop damage, it means insurance subsidy comes as Rs. 47,619/-(Rupees forty seven thousand six hundred nineteen) only.
The Opposite Party No.3 is deficient in its service by not providing correct data in the N.C.I.P. as a result Opposite party No.1 and 2 did not settle the claim. The loan is granted by Opposite party No.3. The land documents was with Opposite party No.3 where as while uploading mentioned it as Bhatigaon Village in place of Nuapali under Chikhili Panchayat. For the negligence of Opposite Party No.3, the Opposite party No.1 and 2 cannot be liable.
This issue is answered accordingly.
The Complaint is followed by following Order.
O R D E R
The Complaint is allowed exparte against Opposite party No.3 Union Bank of India, Talpada, Bargarh and dismissed against Opposite party No.1 and Opposite party No.2. The Opposite party No.3 is directed to pay the insurance claim amount of Rs.47,619/- (Rupees forty seven thousand six hundred nineteen) only with in one month from the date of this order to the Complainant. Failing which the amount will carry 9% interest per annum till realization. Further the Opposite party No.3 is directed to pay Compensation of Rs.10,000/-(Rupees ten thousand) only for harassment and mental agony and Rs.5000/-(Rupees five thousand) only for litigation expences.
Order pronounced in open court on this 26th day of December 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.26/12/2022 Dt.26/12/2022
M e m b e r (w) P r e s i d e n t.
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