Date of filing:- 15/07/2021.
Date of Order:-12/02/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 38 of 2021.
Sri Rajendra Kumar Pradhan, aged about 50(fifty) years, son of Durllabha Pradhan, resident of village Dumberpali, Po. Hirlipali, Ps. Attabira, Dist. Bargarh(odisha)
..... .... ..... Complainant.
-: V e r s u s :-
- The Branch Manager, Uco Bank, Godbhaga Branch, At/Po. Godbhaga, Ps. Attabira, Dist. Bargarh (Odisha).
- Oriental Insurance Company ltd., Sambalpur through its Divisional Manager, At. VSS Marg, Sambapur, Ps/Dist. Sambalpur.
..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Ratha, Advocate with associates.
For the Opposite Party No.1(one) :- Sri A.K.Dash, Advocate with associates.
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.12/02/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The brief facts of the Complaint is that the Complainant is a loanee farmer having Loan Passbook Account No.07110510008775 with Opposite Party No.1(one). The Opposite Party No.2(two) is the insurance company who had undertaken the job of agricultural insurance in the district of Bargarh for Rabi-2019. As per Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme, the Nodal Bank has to collect the premium and remit it to the insurance company. The Complainant has insured his paddy crops over Ac.7.51 dec of land for Rabi-2019 and made the available premium amount of Rs. 3,740/-(Rupees three thousand seven hundred forty)only, the Opposite Party No.1(one) is supposed to remit that premium amount to remit that premium amount to the Opposite Party No.2(two) for coverage of crop insurance of the Complainant under PMFBY Scheme. Due to adverse weather conditions, the crop so cultivated by the Complainant got completely damaged and the Govt. declared 52%(fifty two percent) crop damage in Hirlipali Gram Panchayat under Attabira Block. The sum assured of crop insurance per hectare was Rs. 64,903/-(Rupees sixty four thousand nine hundred three)only for Rabi-2019 and the Complainant is entitled to get the compensation amount of Rs.33,750/-(Rupees thirty three thousand seven hundred fifty)only per hectare towards loss of crop damage. The Complainant had insured Ac 7.51 dec. of his paddy crop and he is entitled to get Rs. 1,01,385/-(Rupees one lakh one thousand three hundred eighty five) only towards the damage when the Complainant approached the Opposite Party No.1(one) to disburse the same, 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 that the required crop insurance premium of the Complainant for the Rabi-2019 has not been deducted from the loan account of the Complainant. Being harassed by the act of the Opposite Parties the Complainant file this complaint petition before this Commission praying that Opposite Parties be directed to pay Rs. 1,31,385/-(Rupees one lakh thirty one thousand three hundred eighty five)only with pendent-elite and future interest on the loan amount to the Complainant from October-2020.
2) The case of the Opposite Party No.1(one) is that the Opposite Party No.1(one) has filed its version and submitted that the Complainant is not maintainable. The Complainant had not paid any premium for crop insurance for Rabi-2019, the duty of the Opposite Party No.1(one) is to remit the same to Opposite Party No.2(two) as an intermediary. In the present case as the Complainant has not deposited, there is no deficiency in service by the Opposite Party No.1(one). The Complainant was asked to made available the said amount in his account but the Complainant declined to deposit the same, being asked by the Opposite Party No.1(one). It is not known to the Opposite Party No.1(one) that the Govt. declared crop damage of 52%(fifty two) percent in Hirlipali Gram Panchayat under Attabira Block and the Complainant is entitled to get Rs. 1,01,385/-(Rupees one lakh one thousand three hundred eighty five)only towards the damage and loss for Rabi-2019. The Complainant has never asked to the Opposite Party No.1(one) regarding the crop insurance of 2019, there lies no deficiency in service on the part of the Opposite Party No.1(one), the case to be dismissed against the Opposite Party No.1(one).
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that the Complainant cannot be termed as consumer and the controversy involved in the present complaint does not constitute a “Consumer Dispute”. The Govt. of India has undertaken PMFBY and the Opposite Party No.2(two) is the insurance company who had undertaken the job of agricultural insurance in the district of Bargah for agricultural year Rabi-2019 and that as per scheme it is the duty of Opposite Parties to ensure coverage of the crops of those farmers under the crop insurance scheme who availed crop loan are not true and not admitted. As per the scheme prescribed in PMFBY, the banks are authorized to upload the insured farmer's data mandatorily on the NCIP, no other platform shall be used for uploading of farmer's data. In the instant case while trying to download and verify the data uploaded by Opposite Party No.1(one) on PMFBY portal for Rabi-2019-20, the Opposite Party No.2(two) could not find any data loaded by Opposite Party No.1(one). The Complainant have never approached the Opposite Party No.2(two) regarding crop insurance compensation of Rs. 1,01,385/-(Rupees one lakh one thousand three hundred eighty five)only as there was no data uploaded of the Complainant, the Opposite Party No.2(two) is not liable to pay any compensation and there is no deficiency in service on the pat of the Opposite Party No.2(two), the case to be dismissed against Opposite Party No.2(two).
4) Perused the documents filed by the Parties and following issues are framed:-
Issues
- Whether the Complainant is a consumer of the Opposite Parties ?
- Whether the Opposite Parties are deficiency in its service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
5) The Complainant is having a Account bearing No. 07110510008775 with the Opposite Party No.1(one) UCO Bank, Godbhaga Branch and availed crop loan during Rabi-2019 in respect of paddy crop inter-alia other crop in Hirlipali Gram Panchayat under Attabira Block. The Opposite Party No.1(one) Bank is an intermediary to the insurance contract between the Complainant and the Opposite Party No.2(two). Accordingly the Complainant is a consumer of the Opposite Party No.1(one) as a loanee farmer and consumer of Opposite Party No.2(two) as his crop is insured by paying Rs, 3,740/-(Rupees three thousand seven hundred forty)only premium under PMFBY.
Issue No.1(one) is answered accordingly.
Issue No.2(two)
6) The Complainant had submitted that during Rabi-2019 the Opposite Party No.1(one) deducted the required premium of Rs, 3,740/-(Rupees three thousand seven hundred forty)only dt.30-07-2019 to PMFBY 2019 from the account of the Complainant. The Govt. declared 52%(fifty two percent) crop damage in Hirlipali Gram Panchayat under Attabira Block for Rabi-2019. The Opposite Party No.1(one) has submitted that the required premium of Rs. 3,740/-(Rupees three thousand seven hundred forty)only was not available in the said loan account and the duty of Opposite Party No.1(one) is to sent the crop insurance premium amount of those farmers who will pay the premium which is optional but not compulsory.
The revised guidelines of PMFBY in clause 3.1.1.1 “provision of compulsory component”.
All farmers who have been sanctioned Seasonal Agricultural Operations (SAO) loans from Financial Institution (FIS) (i.e. Loanee farmers) for the notified crop (s) season would be covered compulsorily.
Accordingly to the Revised Guideline of PMFBY in clause 17.4.1
“Whenever banks sanction loan for a notified area, the crop loan amount to the extent of notified sum insured (equivalent to OLTC/SLTC approved scale of Finance) for notified crop and acreage of individual notified crop of loanee farmer shall be taken into consideration for compulsory coverage, as per seasonality discipline. Based on seasonality of crops, banks should separately calculate the eligibility of loan amount for both Kharif and Rabi season based on the scale of finance and acreage under notified crops. Disbursing bank branch/PALS will prepare statement of crop wise and insurance unit wise details of crop insurance with premium as per the seasonality discipline.
Loan disbursing bank/PALS shall finance additional loan equal to the premium amount payable by farmer for crop insurance.
Revised operational guidelines of PMFBY 17.4.3
“Benefit of add on products viz prevented sowing/on account payable for mid season adversity/localized calamity will be available to only those farmers who have paid the premium/ the premium has been deducted from their account before the damage notification by the State Govt. for invoking this premium for compensation. Hence, Banks must ensure that they debit farmers premium within 15(fifteen) days from sanction/renewal of KCC/Crop loan failing which banks will be liable to meet the claim liabilities of uncovered eligible farmers. Banks are therefore advised to debit loanee farmers premium at least one month before cut-off date for enrollment to avoid this situation and in case sanction happens within one month of cut-off data banks may daily debit premium for such account.
7) In the collection of proposals and premium from PMFBY guidelines it is a special condition that “Those farmers whose data is uploaded on the National Crop Insurance Portal (NCIP) shall only be digible 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. Basing on the PMFBY guideline it is the duty of Opposite Party No.(one) to compulsory cover the loanee farmers under PMFBY crop insurance scheme and for the negligence and deficiency in service of the Opposite Party No.1(one) the Complainant got harassed and could not get benefit in time like other farmers of the locality. On dt.30-07-2019 the Opposite Party No.1(one) has deducted them premium towards PMFBY-2019 and as such the Complainant is entitled for crop insurance coverage and insurance subsidy.
During the year 2019, the Govt. declared 52%(fifty two percent) crop damage under Hirlipali Gram Panchayat under Attabira Block, it means the subsidy comes to Rs. 1,01,385/-(Rupees one lakh one thousand three hundred eighty five)only.
The Opposite Party No.2(two) can not be liable for the deficiency in service caused by Opposite Party No.1(one) as the Opposite Party No.2(two) has not received any premium from Opposite Party No.1(one) for Rabi-2019.
Issue No.2(two) is answered accordingly.
Issue No.3(three)
8) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
9) The Complaint is allowed on contest against the Opposite Party No.1(one) and dismissed against the Opposite Party No.2(two). The Opposite Party No.1(one) is directed to pay insurance claim of Rs.1,01.385/-(Rupees one lakh one thousand three hundred eighty five)only along with Rs. 10,000/-(Rupees ten thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses to the Complainant within 45(forty five) days of this order, failing which the entire order will carry 12%(twelve percent) interest per annum till realization.
10) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.12/02/2024 and the case is allowed against the Opposite Party No.1(one) 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.
