Date of filing:-08/11/2021.                                                                                                                                                                                                                 Date of Order:-22/05/2023.                                         

                     DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION

B  A  R  G  A  R  H

CONSUMER COMPLAINT  NO. 61 OF  2021

Sunita Pradhan, D/o. Bailochan Pradhan, aged about 22 years, R/o. village. Mahulpali, Po. Temri, Ps. Paikmal, Dist. Bargarh (Odisha).       

Complainant.

-: V e r s u s :-

(1) Common Service Centre, Paikmal, through its Proprietor Sachin Agrawal, S/o. Dillip Agrawal, aged about 40 years, R/o. Paikmal, Po/Ps. Paikmal, Dist. Bargarh (Odisha) Pin. 768039.

 (2) HDFC ERGO General Insurance Company Ltd, through its Legal Manager, At. 2nd Floor, OSL Tower III, Badambadi, Cuttack, Odisha, 753012.

                                                                                    Opposite Parties.

Counsel for the Parties:-

For the Complainant :-                 :- Sri D. Acharya and  Associate.

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

For the Opposite Party No.2:-     :- Sri Ashok Kumar Dash and Associate.

                                                -: 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.22/05/2023.                                 -: 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 is a non loanee farmer and had cultivated crops over 5.68 Hectre of land. The Complainant on Dt. 26/07/2020, insured the same as non loanee farmer for insurance of her crop of paddy over 5.68 Hectre of agricultural land for Kharif 2020 by paying premium of Rs. 7,721.85/-(Rupees seven thousand seven hundred twenty one and eighty five paise)only through online portal by submitting his  proposal and premium in the Common service centre of Opposite Party No.1. The sum assured amount for the insured crop was fixed at Rs. 3,82,803.68/-(Rupees three lakh eighty two thousand eight hundred three and sixty eight paise)only. That  for  financial security the govt. of India has implemented Pradhan  Mantri Fasal Bima Yojana (PMFBY) for paddy crops interalia other crops. The Premium of Rs. 10,546.94/-(Rupees ten thousand five hundred forty six and ninety four paise)only was received by the Opposite Party No.2 online and the acknowledgment number of the application is 0401212000608161290. Due to adverse weather condition, the govt. declared 52% crop damage in Bukuramunda Gram Panchayat and the Complainant is entitled to get Rs. 1,99,05.91/-(Rupees one lakh ninety nine thousand five and ninety one paise)only. The Complainant learnt from farmers in the month of October 2020 that the Opposite party No.2 is disbursing the crop insurance compensation amount, accordingly the Complainant went to state Bank of India, Padampur but the Complainant found that the Compensation amount has not been credited in her account. On enquiry from the office of the Opposite Party No.2 the Complainant came to know that while submitting the proposal on online portal the Opposite Party No.1 has mentioned that the Complainant belongs to Lakhmara Gram Panchayat instead of Bukuramunda. As, there was no crop damage in Lakhmara Gram Panchayat the Complaiannt had not been paid the Compensation amount. The Complainant while submitting the proposal and premium had given a declaration as required by the Opposite party No.1 that she belongs to village mahulpali under  Bukuramunda Gram Panchayat. For the Deficiency in service and unfair trade practice  of the Opposite Parties the Complainant could not get the compensation amount.

Being, harassed, the Complainant sought redressal before this Commission.

2. The Case of the Opposite party No.1/common service Centre, Paikmal did not appear before this Commission, Hence, the Opposite Party No.1 was set exparte on Dt. 03/04/2023.
3. The case of the Opposite Party No.2/HDFC ERGO General Insurance Company Ltd in its version submitted that as per central Govt. Notification, HDFC, ERGO was the implementing agency in Bargarh Dist. For paddy crops. The Opposite Party No.2 has submitted the PMFBY Revamped operational guidline in support of his case. The Complainant application ID have been searched  by the Opposite Party No.2 and it was verified from the NCIP portal that the crop village is Mahulpali and in that year the Actual yield had been greater than the threshold yield, that stand no eligible claim under the widespread loss. Insurance company can only pay the claim if there are losses found as per Actual yield and Threshold yield of the crops as provided by state government ( If the Complainant is dissatisfied then the issue must be addressed to the CSC as in case of application submitted through CSCs  the CSC-VLE will upload all requisite/desired supporting documents on portal while filling up the application form on behalf of the farmer) There is no deficiency in service on the part of the Opposite Party. Hence, this Complaint is liable to be dismissed.
4. Perused the documents filed by the  parties and following issues are framed:-

ISSUE:-

1. Whether the Opposite parties are deficient in their service.
2. What relief the Complainant is entitled for.

Issue No.1:-

            During kharif 2020, the Complainant on Dt. 26/07/2020 had paid the premium of Rs. 10,546.94/-(Rupees ten thousand five hundred forty six and ninety four paise)only for insurance of her crop of paddy over 7.77 Hectre of agricultural land and the Complainant is entitled for the insurance coverage and insurance subsidy.

            In the collection of proposals, there is a special condition, 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 year 2020, the declared crop damage for Bukuramunda Gram Panchayat is 52%, it means the insurance subsidy come to about Rs. 1,99,05.91/-/-(Rupees one lakh ninety nine thousand five and ninety one  paise)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 in answered in favour of the Complainant.

Issue No.2:-

            As discussed SUPRA, the Complaiannt 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 as result the Opposite Party No.2 did not settle the claim.When the Complainant had submitted the proposal form it is specifically mentioned that the Complainant belongs to village Mahulpali under Bukuramunda Gram panchayat whereas the Opposite Party No.1 has mentioned it as village Mahulpali, Lakhmara G.P. Hence  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 Complaint is allowed exparte against Opposite party No.1 CSC, Paikmal and dismissed against Opposite party No.2 HDFC ERGO GIC Ltd. The Opposite Party No.1 is directed to pay the insurance claim amount of Rs. 1,99,05.91/-/-(Rupees one lakh ninety nine thousand five and ninety one  paise)only at 7% intrest P.A. w.e.f. Dt. 20/07/2020 and  Rs. 10,000/-(Rupees ten thousand)only towards mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses within one month of this Order. Failing which the entire amount will carry 12% P.A. till realization.

            Order pronounced in open court on this 22^th day of  May 2023.

            Supply free copies to the parties. 

       Typed to my dictation

                                                                                           and corrected by me.                                                                                            

                   I  agree/-                                                                       

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

              Dt.22/05/2023                                                                                  Dt.22/05/2023

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