Date of filing:- 11/10/2021.
Date of Order:-08/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 57 of 2021.
Sri Kailas Meher, aged about 52(fifty two) years, son of late Santosh Meher, resident of village Sarkanda, Po. Sarkanda, Ps. Sohela, Dist. Bargarh(Odisha).
..... .... ..... Complainant.
-: V e r s u s :-
- The Branch Manager, Oriental Insurance Company ltd., Bargarh Branch, At/Po. Bargarh, Ps. Bargarh, Dist. Bargarh, Pin-768028.
- Oriental Insurance Company ltd., Sambalpur through its Divisional Manager, At. VSS Marg, Sambalpur, Po/Ps/Dist. Sambalpur.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Ratha, Advocate with associates.
For the Opposite Parties :- 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. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is a non-loanee farmer and his insured his paddy crop over 1.1412 hectares of land in M.S Khata No. 38 of Mouza Sarkanda, Ps. Sohela, Dist. Bargarh for Kharif 2018 vide Application No. 0401211801505512278 and for the coverage of insurance to his crop under Pradhan Mantri Fasal Bima Yojna has deposited Rs. 1,426.50/-(Rupees one thousand four hundred twenty six and fifty paise)only on dt. 06-08-2018 through common service centre, Sohela. The Opposite Party No.1(one) is the branch office of Opposite Party No.2(two) and are insurance company which deals with different kinds of insurance business. Due to adverse weather conditions the crop so cultivated by the Complainant got damaged and after observing all paraphernalia and technicalities have declared crop damage of 72%(seventy percent) in Sarkanda Gram Panchayat under Sohela Block in the District of Bargarh for Kharif-2018 in respect of paddy crop. The sum assured of the crop insurance per hectare was Rs. 65,000/-(Rupees sixty five thousand)only and the declaration of crop damage is 72%(seventy two percent) in Sarkanda thus the Complainant for the insured land of 1.1412 hectare of his paddy crop is entitled to get Rs. 53,352/-(Rupees fifty three thousand three hundred fifty two)only for Kharif 2018. The Complainant learnt from fellow farmers that the Opposite Parties are disbursing the compensation amount, approached the Opposite Parties to disburse the same, but the Opposite Parties deffered the same on different pretext. The Opposite Parties assured the Complainant that the compensation amount will be awarded but no account was credited. It is the duty of the Opposite Parties to disburse crop insurance compensation by way of crediting the same in account of the Complainant as per the percentage of crop damage report but the Opposite Parties failed to disburse the crop insurance amount. For the deficiency in service and unfair trade practice of the Opposite Parties the Complainant filed the Complaint before this Commission praying that Opposite Parties be directed to pay Rs.83,352/-(Rupees eighty three thousand three hundred fifty two)only in total with pendent-elite and future interest on the loan amount to the Complainant from October-2020.
2) The case of the Opposite Parties is that the Opposite Parties have jointly filed its version and submitted that in the instant case upon downloading and verifying the portal data uploaded by the concerned CSC or NCIP for Kharif -2019 the Opposite Parties found that the application bearing Number 0401211801505512278 mentioned in the Complainant belongs to Sri Bhojaraj Meher and not of the Complainant. A total of six plots against Khata No. 38 of Mouza Sarkanda, Ps/Tahasil. Sohela were insured by the name of Sri Bhojaraj Meher as per crop loss declared by the Govt. in respect of Sarkanta Gram Panchayat Sri Bhojaraj Meher has been paid an account of Rs. 38,135.93/-(Rupees thirty eight thousand one hundred thirty five and ninety three paise)only on dt. 08-07-2019. As per system prescribed in PMFBY “Those farmers where data is uploaded in the NCIP shall only be eligible for insurance coverage”. 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. There lies no deficiency in service on the part of the Opposite Parties, the complaint to be dismissed against the Opposite Parties.
3) Perused the documents as well as oral submissions and it reveals that the Complainant paid insurance premium of Rs. 1,426.50/-(Rupees one thousand four hundred twenty six and fifty paise)only to the CSC. The data was uploaded by the CSC, and in the PFMBY guidelines it is specific that “For any incorrect or impartial data the concerned intermediary shall be responsible”. In the present case as the CSC has uploaded the data and as per data the Opposite Parties have done their duty. For incorrect data the Opposite Parties could not settle the insurance amount. Hence, there is no liability of the insurance company. In this case common service centre is a necessary party and the Complainant has not made a party to CSC. Accordingly, the complaint case is dismissed against the Opposite Parties for non-joinder of necessary party.
O R D E R
4) The Complaint case is dismissed against the Opposite Parties for non-joinder of necessary party.
5) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.08/04/2024 and the case is dismissed against the Opposite Parties and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
