Date of filing:-15/12/2020. Date of Order:-24/04/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 101 of 2020.
Dillip Kumar Bhoi, S/o. Prabhakar Bhoi, Occupation. Cultivation, R/o. Beherapali, Po. Ghess, Ps. Melchhamunda, Dist. Bargarh.
Complainant.
V e r s u s
- The Chief General Manager, Odisha State Co.operative Bank Ltd, Pandit Jawaharlal Nehru Marg, Bhubaneswar, Dist. Khordha 751001.
- The Chief Regional Manager, Oriental Insurance Co.Ltd, Regional Office, 4th Floor, Alok Bharati Tower, Bhubaneswar, Dist. Khordha 751007.
Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri Aditya Padhi and Associates.
For the Opposite Party No.1 :- :- G. Satpathy, Managing Director.
For the Opposite Party No.2:- :-Sri P.K. Mahapatra 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.24/04/2023. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The Case of the Complainant is that the Complainant is a farmer having his agricultural lands over MS Khata No. 38 at village Beherapali, Ps. Melchhamunda within the Jurisdiction of this Commission. The Lands so recorded jointly in the name of his grand father Chandrabhanu Bhoi and others. Out of them Sankara Bhoi died issueless. The father of the Complainant is the only son of late Chandrabhanu Bhoi and the Complainant is the only son of his late father Prabhakar Bhoi has occupied 50% of lands in his share out of Ms Khata No. 38 of village Beherapali. The Complainant cultivated paddy crops over his 4.15 hectors of agricultural land during kharif 2019 season, the total sum insured of the crop was Rs. 2,69,750/-(Rupees two lakh sixty nine thousand seven hundred fifty)only as per govt. valuation. Accordingly he insured his entire crops and paid Rs. 5,395/-(Rupees five thousand three hundred ninety five)only towards insurance premium vide receipt no. 040211901503219434 Dt. 22/07/2019 under PMFBY Scheme through the common service centre, Sohela. Due to natural calamity i.e. draught, the crops so cultivated by the Complainant got completely damaged and the Government after observing all paraphernalia has declared crop damage of 45.80% in Beherapali Gram Panchayat under sohela Block i.e. the area of cultivation of the Complainant for Kharif 2019 season. The Complainant for kharif 2019 season. The Complainant is entitled to get Rs. 1,23,520/-(Rupees one lakh twenty three thousand five hundred twenty)only towards settlement amount for damages of crop. The Complainant has S.B. Account in State Bank of India Sohela Branch having account no. 30995624853. When the Complainant came to know from the bank that the Opposite Parties have already disbursed the insurance amount of the insured framers in their respective bank accounts, the Complainant verified the bank account and found that a sum of Rs. 13,770.95/-(Rupees thirteen thousand seven hundred seventy and ninety five paise)only has been credited on Dt. 20/08/2020 towards settlement of crop loss. The Complainant brought the fact to the notice of responsible authorities of the government including the Opposite Parties regarding debiting of such less amount towards settlement of crop insurance damages in his Complaint Dt. 18/09/2020. But his Complaint went in vain. The Opposite Parties did not take any step to debit the rest legitimate amount of the Complainant in his bank account. Finally the Complainant served a pleader notice to the Opposite Parties for settlement of full and final amount by remitting the rest settled amount of Rs. 1,09,749.05/-(Rupees one lakh nine thousand seven hundred forty nine and five paise)only in his bank account. The Opposite Parties duly acknowledged the pleader notice on Dt. 12/10/2020, but remained silent. Non settlement of the full and final amount of the Complainant by the Ops for such a long period is clearly proves their negligence as well as deficiency in service. Hence the Complainant filed this case before this Commission.
- The Case of the Opposite Parties is that Opposite Party No.1 is the chief General Manager, Orissa State Co.operative Bank ltd filed it version and submitted that the case is not maintainable in this Commission as the Complainant should approach District Level Monitoring Committee (DLMC) and then may approach to State Level Momitoring Committee (SLMC). The Opposite Party No.2 is the Oriental Insurance Company Ltd, filed its version and submitted that as per the system prescribed in Pradhan Mantri Fasal Bima Yojana (PMFBY) Banks/intermidiaries (Like CSCs) are authorized to upload the insured farmers data mandatorily on the National Crop Insurance Portal(NCIP). No other platform shall be used for uploading/submission of farmers data. Those farmers are denied crop insurance due to incorrect/partial/non uploading of their details on portal concerned Bank/ Intermediaries shall be responsible for payment of claim to them. No modification on the uploaded data is possible at the end of the insurer i.e. Opposite Party No.2. Thus the responsibility of all kinds of concerned uploading data of lonee or non lonee farmers lies with the concerned bank or intermediaries (Like CSCs) alone. In the instant case as per the data uploaded by the concerned CSC on NCIP for Kharif 2019 season the Complainant Dilip Kumar Bhoi S/o. Prabhakar Bhoi as a non lonee farmer is insured under Kangaon Gram Panchayat of sohela Block not Beharapali G.P. in Sohela Block as claimed by the Complainant. Passing on the Actual Yield and Threshold Yield data received from Govt. of Odisha in Kharif 2019 crop season there was yield loss of 6.9% in respect of Kangaon GP of Sohela Block and accordingly all the farmers including the Complainant insured under Kangaon GP of Sohela Block have been paid claims as per the said percentage. The Complainant has been insured and Kangaon GP of Sohela Block by the concerned CHC instead of Beherapali GP as per the portal data and has been paid as per the percentage of yield loss in Beherapali GP of Sohela Block for Kharif 2019. The Complainant is not a Consumer of the Opposite Party No.2 as the land and crop in questin is not at all insured as per portal data. Hence the Opposite party No.2 is not deficient in its service and not responsible to compensate the Complainant.
- Perused the records and it reveals that the Complainant paid insurance premium of Rs. 5395/-(Rupees five thousand three hundred ninety five)only to the CSC. The data was uploaded by the CSC. For any incorrect or impartial data the intermediary shall be responsible. For incorrect data the Oriental insurance company could not settle the insurance amount. Hence there is no any liability of the insurance company. In the present case CSC is a necessary party. But the Complainant has not made party to CSC. Accordingly the Complaint case is dismissed for non joinder of necessary party.
Order pronounced in open court on this 24th day of April 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal ) ( Jigeesha Mishra )
Dt.24/04/2023 Dt.24/04/2023
M e m b e r (w) P r e s i d e n t.
