Date of filing:- 21/03/2020. Date of Order/Judgement:-28/11/2022.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 36 of 2020.
Swagatika Dash, aged about 49 years, W/o. Kulbhushan Dash, R/o. Village. Bonda, Via. Bardol, Ps/Dist. Bargarh, At. Present R/o. Ganapati Villa, Near GAQTR No. D.4. P.o. Jamurda, Ps/Tahasil/Dist. Bargarh ……. ..... Complainant.
V e r s u s
- The Manager, Oriental Bank of Commerce Bargarh Branch, Bargarh, At. Bhagabati Complex, Bhatli Chowk, Near Kishori Nurshing Home Bargarh, Po/Ps/Tahasil/Dist. Bargarh.
- 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 M. Sahu and Associate.
For the Opposite Party No.1 :- :- Exparte.
For the Opposite party No.2:- :- Sri Pradeep Kumar Mahapatra and Associate.
-: 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.28/11/2022. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President :-
- The case of the Complainant is that the Complainant has incurred crop loan of Rs.2,50,000/-(Rupees two lakh fifty thousand) only for cultivation of her agricultural land situated at Mouza Kangaon under sohela Ps/Dist. Bargarh stand recorded in the name of her husband Kulbhusan Dash. While releasing the Loan money the Opposite party No.1 has debited insurance amount towards insurance premium. During Kharif crop of the year 2018. Govt. notified panchayat wise draught and other factors affected report which reveals that there was 60% of crop affected as such the Complainant is entitled to get Rs.1,50,000/-(Rupees one lakh fifty thousand) as the insurance benefit. The Complainant is a Bonafide Consumer of Opposite Party No.1 vide Account No. 12295115005778. The non releasing of indemnification amount in view of crops insurance in favour of the Complainant is unlawful and unethical. The Complainant and some other beneficiaries have approached the Opposite Party No.1 several times so also they have placed their grievances before the local collector and the insurer to ensure their claim, but there is no result. The Complainant on 18/03/2020 has further approached the Opposite Party No.1 and 2 to get her claim but they denied to make payment. Hence the Complainant filed this Complaint before this Commission.
- Opposite Party No.1, Oriental Bank of Commerce did not appear and set exparte on 26/08/2022.
- The case of the Opposite Party is that OP No.2 Branch Manager, Oriental Insurance Company Ltd, Bargarh filed its version and stated that the Complainant is not a Consumer under section 2(7) of the Consumer protection Act 2019. The Opposite Party in its version submitted that the averment made by the Complainant is not known to the Opposite party No.2. Those farmers whose data is uploaded on the NCIP shall only be eligible for insurance coverage. In cases where 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 claims to them. The Opposite Party submitted that in the present case the concerned Bank on NCIP for kharif 2018 season the Complainant as a lonee farmer is insured under Bonda village of Bonda Gram panchayat in Bargarh block for 2.80400 hector of land for the sum insured amount of Rs.1,75,250/-(Rupees one lakh seventy five thousand two hundred fifty) only. Basing on actual yield and Threshold yield data received from Govt. of Odisha, there was no crops loss in Bonda G.P. and no yield loss claim is payable to farmers of Bonda G.P. for kharif season 2018 and hence farmer insured under Bonda G.P. are not eligible for crop insurance claim.
- 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 Complainant is entitled for the claim for deficiency in service ?
- What relief the Complainant is entitle for ?
Issue No.1:-
The Complainant is having a loan A/c No. 12295115005778 with the Opposite party No. Oriental Bank of commerce, Bargarh Branch, Bargarh and availed Loan during Kharif 2018 for his land situated at Mouza Kangaon. Perused the documents and it reveals that on dated 26/07/2018 Opposite party No.1 deducted an amount of Rs.3,505/- (Rupees three thousand five hundred five) only from the A/c of the Complainant towards PMFBY 2018 insurance premium. The Opposite Party No.1 is an intermediary to the insurance contract between the Complainant and the Opposite Party No.2. Accordingly, the Complainant is a Consumer of the Opposite Party No.1 as a Lonee farmer and Consumer of Opposite Party No.2 as his Crop is insured by paying Rs.3,505/-(Rupees three thousand five hundred five) only towards insurance premium.
The issue is answered accordingly.
Issue No.2:-
In the present case the Complainant paid the premium of Rs.3,505/-/-(Rupees three thousand five hundred five) only towards insurance premium and he is entitled for the insurance coverage and insurance subsidy.
Accordingly to the documents filed by Opposite Party No.2 the insurance amount is Rs.1,75,250/-(Rupees one lakh seventy five thousand two hundred fifty) and insured area is 2.80400 hector. The Govt. declared 60% crop damage, it means the insurance subsidy comes Rs.1,05,150/-(Rupees one lakh five thousand one hundred fifty) only. Due to non settlement of claim the Complainant is harassed and could not get the benefit in time.
Issue No.3:-
As discussed supra the Complainant is entitled for the relief claimed. The Opposite Party No.1 is deficient in its service by not providing correct data in the N.C.I.P. as a result the Opposite party No.2 did not settle the claim. The loan is granted by the Opposite Party No.1. The land documents was with Opposite party No.1 whereas while uploading mentioned it as Bonda village in place of Kangaon village for the negligence of Opposite party No.1 the Opposite party No.2 can not be liable.
O R D E R
The Complainant is allowed exparte against the Opposite Party No.1, Oriental Bank of Commerce, Bargarh Branch, Bargarh and dismissed against Opposite party No.2. The Opposite Party No. 1 is directed to pay the insurance claim amount of Rs.1,05,150/-(Rupees one lakh five thousand one hundred fifty) only within one month from the date of this Order. Failing which the amount will carry 9% interest per annum till realization. Further the Opposite Party No.1 is directed to pay compensation of Rs.10,000/-(Rupees ten thousand) only for harassment and mental agony and Rs.5,000/-(Rupees five thousand) only for litigation expences.
Order pronounced in open court on this 28th day of November 2022.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Anju Agrawal) (Smt.Jigeesha Mishra)
Dt.28/11/2022 Dt.28/11/2022
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