Date of filing:- 31/05/2022.
Date of Order:-26/02/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 12 of 2022.
Ashok Kumar Panda, S/o Bipin Bihari Panda, aged about 56(fifty six) years, R/o. Village and 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 Branch Manager, Utkal Grameen Bank, Bheden Branch, Bheden, At/Po. Bheden, Ps/Tahasil- 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 B.K.Mahapatra Advocate.
For the Opposite Party No.3(three):- 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.26/02/2024. -: 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 from the Bank of the Opposite Party No.1(one) and No.2(two). He is operating his transactions with the Opposite Party No.1(one) and No.2(two) through the Account No. 045502062 and 84016825930. The Govt. of India has implemented Pradhan Mantri Fasal Bima Yojana (PMFBY) for paddy crop interalia other crops and the scheme is aimed at providing financial security to the farmers by mitigating their losses, in the time of distress. The Opposite Party No.3(three) is the insurance company who was undertaken the jobs of agricultural insurance through-out India including in the District of Bargarh. As per scheme the Nodal Bank has to collect the premium and remit it to the insurance company. The Complainant has availed crop loan for an amount of Rs. 1,96,000/-(Rupees one lakh ninety six thousand)only in total i.e. Rs. 1,00,000/-(Rupees one lakh)only from the Opposite Party No.1(one) and Rs. 96,000/-(Rupees ninety six thousand)only from the Opposite Party No.2(two) for his land of Mouza Burda and Bakti respectively. As per Govt. guideline of insurance a total sum of Rs. 2,054/-(Rupees two thousand fifty four)only for Mouza-Burda and Rs. 1,605.59/-(Rupees one thousand six hundred five and fifty nine paise)only for Mouza-Bakti debited 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 land of A 11.01 of Khata No. 417 of Mouza-Bakti and A3.75 of Khata No. 241 of Mouza Burda laying in the name of his father Bipin Bihari Panda. Due to adverse weather condition the crops so cultivated by the Complainant got completely damaged and the Government after observing all paraphernalia 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 the Opposite Party No.1(one) whole crop insurance premium have been debited. The Complainant approached the Opposite Party No.1(one) and No.2(two) and requested them to disburse the crop insurance compensation amount and to credit the same in his account. But the Opposite Party No.1(one) and No.2(two) have deferred the same on different pretext and ultimately refused to make payment of crop insurance compensation on the ground that 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 the insurance claim and it is the responsibility of the Govt. to enquire and assess the crop loss in the area of the Gram Panchayat. The demand of the Opposite Party No.1(one) and No.2(two) 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 Opposite Party No.1(one) Branch Manager, S.D.C.C. Bank Ltd, Bheden Branch, the Opposite Party No.2(two) the Branch Manager, Utkal Grameen Bank, Bheden Branch and Opposite Party No.3(three), Oriental Insurance Company Ltd have filed their versions.
The Opposite Party No.1(one) S.D.C.C. Bank submitted that the Complainant has a Saving Bank Account KCC No. 045502062 with Remunda P.A.C.S. Ltd. and availed crop loan from the society and paid premium of Rs. 494/-(Rupees four hundred ninety four)only + Rs.1,372.80/-(Rupees one thousand three hundred seventy two and eighty paise)only + Rs.187.20/-(Rupees one hundred eighty seven and twenty paise)only for Ac 0.95 decs, Ac 2.64 decs and Ac 0.36 decs respectively during Kharif 2019. The proposal was submitted by Secretary Remunda P.A.C.S. Ltd vide letter No. 172 dated 31-07-2019 and for 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 including the Complainant. The amount has been remitted to the insurance company in time. Hence there is no any deficiency in service on the part of the Opposite Party No.1(one).
The Opposite Party No.2(two) U.G.B. Bank admitted that the Complainant had obtained a crop loan from the Opposite Party No.2(two) through account No. 84016825930. The Opposite Party No.2(two) submitted that the Opposite Party No.2(two) U.G.B. Bheden Branch remitted required premium amount of Rs. 1,940/-(Rupees one thousand nine hundred forty)only for Kharif-2019 of the Complainant on dt. 19-07-2019 to the insurance company within stipulated time of the scheme. The Opposite Party No.2(two) has discharged its duty in a perfect manner. After receive of requisite premium it is the duty of the Government as well as insurance company to remit the compensation amount as per the crop loss/damage notified by the government in the account of the Complainant. Hence there is no deficiency on the part of the Opposite Party No.2(two).
The Opposite Party No.3(three) Oriental Insurance Company Ltd. 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. Hence there is no deficiency on the part of the insurance company.
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)
As per documents, the Opposite Party No.1(one) and Opposite Party No.2(two) remitted the premium to the insurance company. The Opposite Party No.1(one) and Opposite Party No.2(two) preformed their duty perfectly. After perusal of records filed by insurance company it reveals that the yield rate is 70 %(seventy percent) in Bakti Gram Panchayat. Hence there is no crop loss in Bakti Gram Panchayat. The Complainant has not filed any document regarding crop loss. As per document when there is no loss, the insurance company can not be held liable. The issue is answered accordingly.
Issue No.2(two)
The Complainant is not entitled for any relief. The issue is answered accordingly.
As per supra discussion the following order is passed.
O R D E R
4) The complaint is dismissed against Opposite Party No.1(one), No.2(two) and No. 3(three).
Order pronounced in the open Court 26th day of February 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).
