Date of filing:- 06/05/2019.
Date of Order:-12/02/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 28 of 2019.
Janata Padhan, S/o Jasika Padhan, aged about 40(forty) years, R/o.village- Bisipali, Po. Srigida, Ps. Sohela, Dist. Bargarh(Odisha). .... ..... Complainant.
-: V e r s u s :-
The Divisional Manager, National Insurance Company Ltd., Sambalpur, Nayapara, Sambalpur, Ps/Dist. Sambalpur. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri D.Acharya, Advocate with associates.
For the Opposite Party :- Sri Hadu Dash, Advocate.
-: 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 case of the Complainant is that the Complainant is a non-loanee farmer and has cultivated paddy crops over 5.960 hectare of land. As per Pradhan Mantri Fasal Bima Yojana (PMFBY) guideline, the Complainant had on dt. 31-07-2017 paid premium of Rs. 7,152/-(Rupees seven thousand one hundred fifty two)only to the Opposite Party for insurance of his paddy crop over 5.960 hectare of agricultural land for Kharif-2017. The sum assured amount for the insured crop was fixed as Rs. 3,57,600/-(Rupees three lakh fifty seven thousand six hundred)only. After payment of premium to the Opposite Party, the acknowledgment number of the premium was received as 1017156751. As per requirement, the Complainant had mentioned his Bank Account No. 121109016227 of Utkal Gramin Bank, Sarkanda while paying the premium amount so that the payment of compensation could be deposited in the same. Due to adverse weather conditions, the Govt. after observing all paraphernalia and technicalities have declared crop damage of 88%(eighty eight percent) in Srigida Gram Panchayat under Sohela Block for Kharif- 2017 and hence the Complainant is entitled to get 88%(eighty eight percent) of the sum assured amount of Rs. 60,000/-(Rupees sixty thousand)only i.e. Rs. 52,800/-(Rupees fifty two thousand eight hundred)only per hectare as compensation for damage of the insured paddy crop. The Complainant learnt from fellow farmers in the last part of September 2018, that the Opposite Party is disbursing the crop insurance compensation and accordingly the Complainant had been to UGB, Sarkanda if the compensation amount has been credited or not but the compensation amount was not credited. The Opposite Party has received the premium amount but not paid the compensation amount for which the Complainant got harassed.
For the deficiency in service committed by the Opposite Party, the complaint petition was filed by the Complainant before this Commission praying that the Opposite Party be directed to pay Rs. 3,54,688/-(Rupees three lakh fifty four thousand six hundred eighty eight)only with interest @18% per annum from October 2018.
2) The case of the Opposite Party is that the Opposite Party in its version has submitted that the Complainant has been already paid Rs. 61,370/-(Rupees sixty one thousand three hundred seventy)only to the account with U.G.B., Sarkanda as per PMFBY portal towards his crop loss. The loss amount paid is per the PMFBY operational guidelines and no further payment is pending from the Opposite Party, National Insurance Company Ltd., Sambapour Division. The Complainant is also not entitled to get any compensation, there lies no service deficiency as well as unfair trade practice on the part of the Opposite Party, the complaint petition to be dismissed against the Opposite Party.
3) Perused the documents filed by the Parties and following issues are framed.
Issues
- Whether the Opposite Party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) It is an admitted fact that the Complainant's land was insured with the Opposite Party. The Complainant has paid premium of Rs.7,152/-(Rupees seven thousand one hundred fifty two)only for 5.960 hector of agricultural land, the sum assured for the insured crop was Rs. 3,57,600/-(Rupees three lakh fifty seven thousand)only. The Complainant has submitted that govt has declared 88% crop damage of Srigida Gram Panchayat and accordingly the Complainant is liable to get compensation. The Opposite Party has further submitted that Rs. 61,370/-(Rupees sixty one thousand three hundred seventy)only has been paid to the Complainant account with U.G.B. Sarkanda but the Opposite Party has not filed any documents related to crop damage account statements, when the Complainant was paid the compensation in support of their version which is very relevant. Mere submitting in version is not acceptable.
As per Rules 38(6) of Consumer Protection Act, 2019.
“Every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record.”
As the Opposite Party failed to produce any documentary evidence the Opposite Party is liable for the compensation claim of the Complainant. The Opposite Party is deficient in its service by not settling the crop insurance claim for which the Complainant got harassed.
Issue No.2(two)
5) As per supra discussion, the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
6) The complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to settled the insurance claim of Rs. 3,54,688/-(Rupees three lakh fifty four thousand six hundred eighty eight)only along with Rs. 10,000/-(Rupees ten thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses within one month of this order, failing which, the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
7) 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 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.
