Date of filing:- 31/05/2022.
Date of Order:-08/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 13 of 2022.
Sri Prafulla Kumar Panda, S/o Raghunath Panda, aged about 58(fifty eight) years, R/o. Village & Post. Burda, Ps/Tahasil- Bheden, Dist. Bargarh. ..... ..... Complainant.
-: V e r s u s :-
- The Branch Manager, S.D.C.C. Bank Ltd., Bheden Branch, Bheden, At/Po/Ps. Bheden, Dist. Bargarh.
- The Legal Manager, Oriental Insurance Company Ltd., A-25/27, Asaf Ali Road, Oriental House, Head Office, New Delhi. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri A.B.Sahu, Advocate with associates..
For the Opposite Party No.1(one) :- Smt. M.Mishra Advocate.
For the Opposite Party No.2(two) :- Sri P.K.Mahapatra, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.08/04/2024. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President:-
1) The case of the Complainant is that the Complainant had obtained a crop loan through KCC from the Bank/Opposite Party No.1(one). He is operating his transactions with the Opposite Party No.1(one) through the Account No. 031053007594. The Opposite Party No.2(two) is the insurance company who has undertaken the job of agricultural insurance throughout India including in the District of Bargarh. As per the scheme the Nodal Bank has to collect the premium and remit it to the insurance company. The Pradhan Mantri Fasal Bima Yojana (PMFBY) scheme has prescribed certain operational guidelines for coverage of loanee farmers for insurance of their crops. As per the said guidelines every farmers who has availed agricultural loan is required to be compulsorily covered under the crop insurance scheme. It is the duties of the Opposite Parties to ensure coverage of the crops of those farmers under the crop insurance scheme who have availed crop loan. The Complainant has availed crop loan for an amount of Rs. 94,600/-(Rupees ninety four thousand six hundred)only from the Opposite Party No.1(one) and the Opposite Party No.1(one) as per the guideline debited Rs. 2,054/-(Rupees two thousand fifty four)only from the account of the Complainant towards premium for crop insurance for the Kharif-2019 season crop. The Complainant had cultivated paddy crops over his Ac. 2.76 dec. of Khata No. 432/40 and Ac. 10.37 dec. of Khata No. 306 cultivated land of Mouza-Burda. Due to adverse weather condition the crops so cultivated by the Complainant got completely damaged and the Government after observing all paraphernalia and technicalities have declared crop damage of 66%(sixty six percent) under Bheden Block i.e. the area of cultivation of the Complainant for Kharif-2019 season in respect of paddy crop. The Complainant learnt from fellow farmers in the last part of May-2020 that the Opposite Party No.1(one) is disbursing crop insurance compensation amount to farmers having their account with the Opposite Party No.1(one) whose crop insurance premium have been debited. The Complainant approached the Opposite Party No.1(one) to disburse the crop insurance compensation amount and to credit the same in his account. But the Opposite Party No.1(one) deferred the same on different pretext and ultimately refused to make payment of crop insurance compensation on the ground the borrower(Complainant) has not approached the bank with proof of crop loss for settlement of the claim. The Complainant has no role to play to provide proof of crop loss for settlement of the insurance claim and it is the responsibility of the Govt. to enquire and assess the crop loss in the area of Gram Panchayat. The demand of Opposite Party No.1(one) to furnish proof of crop loss by the Complainant amounts to deficiency in service and unfair trade practice. Hence the Complainant filed this case before this Commission.
2) The case of the Opposite Parties is that the Opposite Party No.1(one), Manager, S.D.C.C. Bank Ltd., appeared and filed version. Opposite Party No.2(two) Oriental Insurance Company Ltd. appeared and filed version. The Opposite Party No.1(one) admitted that the Complainant is a customer of Opposite Party Bank having Saving Bank Account No. 031053007594. The Opposite Party No.1(one) submitted that the Complainant is a member of Remunda PACS Ltd. availed loan of Rs. 94,600/-(Rupees ninety four thousand six hundred)only from the Society and deposited Rs. 551.20/-(Rupees five hundred fifty one and twenty one paise)only + Rs. 884/-(Rupees eight hundred eighty four)only + Rs. 566.80/-(Rupees five hundred sixty six and eighty paise)only + Rs. 188/-(Rupees one hundred eighty eight)only with Remunda PACS as premium for Ac. 1.06, 1.70, 1.09 and 0.35 Ac. landed respectively during Kharif-2019. The PACS vide letter No. 172 dated 31-07-2019 submitted proposal of 976 + 163 members for Rs. 13,22,724/-(Rupees thirteen lakh twenty two thousand seven hundred twenty four)only + Rs.5,65,266/-(Rupees five lakh sixty five thousand two hundred sixty six)only total Rs. 18,87,990/-(Rupees eighteen lakh eighty seven thousand nine hundred ninety)only premium and the present Bank remitted the amount in time to the Opposite Party No.2(two). Hence there is no any deficiency on the part of the Opposite Party No.1(one).
The Opposite Party No.2(two) submitted that as per the data uploaded by the concerned bank on NCIP for Kharif-2019 season the Complainant farmer has been insured under Bakti Gram Panchayat of Bheden Block. Basing on the Actual yield and Threshold Yield data received from Govt. of Odisha, there was no crops loss in Bakti Gram Panchayat and no yield loss claim is payable to farmers of Bakti Gram Panchayat for Kharif-2019 season and hence farmers insured under Bakti Gram Panchayat are not eligible for crop insurance claim. There is no any deficiency on the part of the Opposite Party No.2(two).
3) After perusal of complaint petition, version and documents filed by the Parties following issues are framed.
Issues
- Whether the Opposite Parties are deficient in service ?
- Whether the Complainant is entitled to get relief ?
Issue No.1(one)
4) After perused of record it reveals that on 02-08-2019 the SDCC Bank debited an amount of Rs. 18,87,990/-(Rupees eighteen lakh eighty seven thousand nine hundred ninety)only towards PMFBY Kharif-2019 and remitted the amounts to the insurance company. As per the submission of Opposite Party No.2(two) there was no crop loss in the Bakti Gram Panchayat. So the farmers under Bakti Gram Panchayat are not entitled to get crop damage claim. As per documents filed by Opposite Party No.2(two) the level of indemnitity in Bakti Gram Panchayat is 70%(seventy percent). So the loss is 30%(thirty percent). The loss percentage is below 50%(fifty percent). Hence there is no loss in Bakti Gram Panchayat. When there is no loss, the Opposite Parties are not liable for deficiency in service. The issue is answered accordingly.
Issue No.2(two)
5) When there is no crop loss the Complainant is not entitled to get relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
6) The complaint is dismissed against Opposite Party No.1(one) and No.2(two).
Order pronounced in the open Court 8th day of April 2024.
Supply free copies to the Parties.
Typed to my dictation
and corrected by me.
I agree, ( Smt.Jigeesha Mishra)
P r e s i d e n t.
(Smt. Anju Agrawal)
M e m b e r(w).
