Adv. For the Complainant: - Self
Adv. For O.P:- Self
Date of filing of the Case :-22.03.2021
Date of Order :- 30.12.2022
JUDGEMENT
Smt. Jyotsna Rani Mishra, Member
Facts of the case in nutshell:-
1. As per the Guideline of Govt. the OP1 is the important as the nodal agency to collect insurance premium from the insured farmers on behalf of Op2 and OP 3 and after collection of premium and receiving detail in farmer like insured land particulars covered under the insurance scheme, premium paid , sum assured , account number of the Bank etc. issued receipt to that effect.
Complainant was the possession on his plot No. 415 and resident of village Uppar Jhar , within the area of Mukundapur Gram Panchayat . complainant expecting draught insured his paddy crops with the OP2 and 3 for the Khariff year 2018 as a non –loanee farmer accordingly insured his paddy crop said year. Complainant deposited a sum of Rs 1,27,050/- Insurance premium along with ROR of insured land particular covered under the scheme . Before OP No.1 for an area of 1 Hector and sum assured for the aforesaid area of Rs 63,525/- Then the OP 1 has issued one application states written with paid bearing receipt No. 0401211801805420586 Date 31/07/2018 as he received the premium in case on behalf of OP2 and OP3.
During June or July 2019. Govt. has declared 56% loss of paddy crops damage over the insured plots situated under the limits of Mukundapur Gram Panchayat as per the declaration made by the Govt. complainant entitled to get 56% of crops damage value a sum of Rs 35 ,579/- under the jurisdiction of Mukundapur Gram Panchayat from the Ops but Ops has not paid anything although the villagers of Mukundapur Gram Panchayat who had insured this crops have already received their dues since 28.08.2019.
After the aforesaid development complainant requested to OP 1 to entitled to get the crop loss insurance amount as stated above as declared by Govt. but OP1shown his inability . and sent correct required information along with deposited insurance premium to the OP2 and 3 till date not settled the same.
When complainant has not received the crop damage amount lodge a complaint before District Agriculture Officer , vide complaint Date 04.01.2019 and same was received the vide his DB No. 64 Date 04.11.2019 but till date the same has not yet any fruitful result.
To Substantiate his case relied upon following Document –
- CSC Application
- Xerox copy of ROR.
In the view of above in detail . I observed that OP 1 is important party as a nodal agency collect insurance premium from complainant on behalf of OP 2 and OP 3 and perform his duty and present and filed before the commission . but OP 2 and OP3 neither appear before the commission nor files their version. So OP 2 and 3 set expert from Date. 17/10/2022 due to non filing of their version in time . Hence ordered.
ORDER
I directed Ops to pay the crop damages insurance amount of Rs 35,379/- to the complainant with interest @12% per annum there on from 31.07.2018 till the date of payment. Further directed to pay 20,000/- to words compensation for causing mental tension financial loss and physical harassment and to pay Rs.1000/- towards litigation expenses
Failing which shall make payment of amount mentioned above within 12% interest per annum from date of filling the present complainant till realization.
PRONOUNCED IN THE OPEN COMMISSION TO-DAY 30th day of December‘2022.
(R.K.TRIPATHY) (J.MISHRA)
PRESIDENT(I/C) MEMBER