Date of filing:- 26/06/2020. Date of Order:-28/08/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 56 OF 2020.
Manbodha Pradhan, aged about 56 years, S/o. Late Biswamitra Pradhan, R/o. Village. Bhursipali, Po. Rengalipali, Ps/Tahasil. Attabira, Dist. Bargarh.
Complainant.
-: V e r s u s :-
(1) The Branch Manager, State Bank of India, A.D.B. Bargarh. Branch, At. Canal
Avenue, Bargarh, Po/Ps/Tahasil/Dist. Bargarh.
(2) Branch Manager, Oriental Insurance Company Ltd, Bargarh, Branch, Bargarh,
At. Canal Avenue, Bargarh, Po/Ps/Dist. Bargarh.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri A.B. Sahu , Advocate with Associates.
For the Opposite Party No.1 :- :- Sri A.K. Patra, Advocate with Associates.
For the Opposite Party No.1 :- :- 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 Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.28/08/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The case of the Complainant is that the Complainant had insurance Crop loan of Rs. 1,00,000/-(Rupees one lakh)only for cultivation of agricultural land A 4.00 situated at Mouza. Bhursipali under Attabira Branch from Opposite Party No.1 vide Account No. 38217303373. The Opposite party No.1 has debited Rs. 1620/-(Rupees one thousand six hundred twenty)only on Dt. 29/07/2019 towards insurance premium. During Kharif 2019, the govt. noified 52% crop damage and the Complainant is entitled to get Rs. 52000/-(Rupees fifty two thousand)only as the insurance benefit. The insurance has been done by Opposite Party No.2. The Complainant approached Opposite Party No.1 and Opposite Party No.2 several times to disburse the insurance amount but on Dt. 02/06/2020 the Opposite parties denied to make payment on Dt. 02/06/2020.
Being aggrieved by the act of the Opposite Parties, the Complainant filed this Complaint before this Commission.
- The case of the Opposite party No.1 is that the Opposite Party No.1 has submitted in its version that Opposite Party No.1 collected the premium amount and sent to the Opposite Party No.2. The Opposite Party No.2 has to disburse the same to the farmers. It is admitted that the Complainant is having his account with Opposite party No.1, the Opposite Party No.2 has deposited the amount of crop insurance which was disbursed to the account of the Complainant on Dt. 17/02/2020 to a tune of Rs. 40,745.18/-(Rupees forty thousand seven hundred forty five and eighteen)only. As the Complainant had already received the crop insurance claim amount there is no deficiency in service on the port of Opposite Party No.1.
The case to be dismissed.
- The case of Opposite Party no.2 in its version has submitted that as PMFBY bank are authorized to upload the insured farmers data mandatorily on the NCIP. In case where farmers are denied crop insurance due to important/portal/non uploading of their details on portal, concerned Banks/Intermediaries shall be responsible for payment of claims to then.
As per the data uploaded by the Bank the Opposite party No.2 on dt. 18/05/2020, transferred the said amount to the account of the Complainant as per the account number available in the portal but the said amount returned bank unpaid as the bank has wrongly entered the account number of the Complainant as 38217303375 in the portal. The Bank on Dt. 10/07/2020 via email submitted rectified account number of the Complainant as account number 38217303373 and on Dt. 17/07/2020, the amount was transferred by the Opposite party No.2 to the account of the Complainant.
The Complainant has never approached to Opposite party No.2 regarding the Complainant. The Complaint to the dismissed against the Opposite party No.2.
- Perused the documents filed by the parties and it reveals that the Complainant has not got his insurance claim within the time frame.
Accordingly to PMFBY guideline the Opposite party No.1 has to upload correct data of the insured. The Opposite Party No.1 has uploaded incorrect account number i.e. 38217303375 instead of 38217303373 for which the Complainant cannot get its insurance benefits. The said account number was rectified by the Opposite Party No.1 after filing of this case.
The Opposite Party No.2 has done its duly by depositing the amount in the account no provided by the Opposite Party No.1. For the account of Opposite Party No.1, Opposite Party.2 can not be liable.
The act of Opposite party No.1 by uploading incorrent Account number amounts to deficiency in service. However, amounts has been disbursed but the Complainant got harassed by not getting the insurance claim within the time frame.
Accordingly it is ordered.
O R D E R
The Case is allowed on contest against Opposite Party No.1 and dismissed against Opposite party No.2. The Opposite Party No.1 is directed to pay Rs. 5,000/-(Rupees five thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation cost to the Complainant within one month of this Order.
Failing which the entire order will carry 12% intrest P.A. till realization.
Order pronounced in open court on this 28th day of Aug 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal)
Dt.28/08/2023 Dt.28/08/2023
P r e s i d e n t M e m b e r (w)
