DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.20 of 2022
Nilamadhaba Panigrahi, S/o. Late Radheshyam Panigrahi, R/o. Telipali, P.O. Kenjhriapali, P.S. Birmaharajpur, District - Subarnapur,
………….. Complainant
Vrs.
1. Secretary, Kenjhariapali Primary Service Co-operative Society Ltd,. At/P.O. Kenjhriapali, P.S. Birmaharajpur, District - Subarnapur
2. Branch Manager, B.D.C.C. Bank, Birmaharajpur, At/P.O./P.S. Birmaharajpur, District - Subarnapur.
3. Secretary, B.D.C.C. Bank Ltd., Bolangir, At/P.O./P.S./District - Bolangir.
………….. Opp. Parties
Advocate for the Complainant …………. None
Advocate for the O.P. No.1 …………. Sri S. P. Bishi
Advocate for the O.P. No.2 & 3 …………. Sri Dillip Kumar Bisi
Present
1. Sri U.N. Purohit, President
2. Sri H. Padhan Member
Date of Filing Dt.22.12.2022
Date of Hearing Dt.17.03.2023
Date of Order Dt.04.04.2023
J U D G E M E N T
By Sri H. Padhan, M.
The complainant filed complaint petition U/s. 35 of C.P. Act 2019. The brief fact of the complaint is that the father of complainant was loanee of PACS of O.P. No.1 and obtain KCC loan on 25.06.2020, it was the duty of O.P. No.1 to deduct insurance premium of Rs.6/- towards Jana Surakhya Bima Yojana Policy which is mandatory as per decision of Board of Director B.D.C.C. Bank Bolangir letter No.2174 dt.11.10.2019. Though it was mandatory the O.P. No.1 failed to deduct the amount and on the death of father of complainant by COVID-19. The complainant deprived from the benefit of compensation of Rs.1,00,000/-. The complainant approached remittance of Rs.1,00,000/- of loan obtained by his father but the O.P. No.1 denied as such the complainant suffered financial loss mental agony etc. and claim compensation. The complainant filed Xerox copy of letter No.2174 dt.16.10.2020, death certificate, loan pass book.
-: 2 :-
The O.Ps. appeared and filed their version denying the allegation and the substance of claim of O.Ps. is that the Jana Surakhya Bima Yojana Policy is mandatory for all KCC loan provided, the condition is that, the loanee is required to give consent and authorization to the O.Ps. and the Loanee must be below the age of 70 years. As the father of the complainant was above 70 years on the date of sanction of loan, the letter of consent and authorization was not accepted from the father of complainant, the Aadhar Card submitted by the father of complainant disclosed that he was 70 years 1 month 25 days old by the time of loan so the father of the complainant was not eligible under Jana Surakhya Bima Yojana Policy and his claim is not tenable and the case is liable to be dismissed.
On this back ground we perused the complaint petition and documents filed by both the parties as well as the guideline issued under KCC loan. We comes to conclusion that the Aadhar Card of father of complainant shows his date of birth was 01.05.1950 so the age of father of complainant more then 70 years. As per guidelines of the policy, the father of the complainant is not eligible for the above claim as such the claim of complainant is not tenable and liable to be dismissed. Hence, then case is dismissed without cost.
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 04th day of April 2023
Typed to my dictation
I agree. and corrected by me.
Sri U.N.Purohit Sri H.Padhan
President Member
Dt.04.04.2023 Dt.04.04.2023
