Adv. For the Complainant: - Self
Adv. For O.Ps :- Sri R.K.Mohakur
Date of filing of the Case :-14.08.2020
Date of Order :- 10.05.2023
JUDGMENT
Fact of the case in nutshell-
1. The complainant is a small farmer an agricultural loanee had incurred a loan of Rs.50,000/- from Utkal Gramya Bank Mahalei Branch who is Op No.1 in this case and accordingly a sum of Rs.1,384/-had deducted by the Op No.1 from the KCC account of the complainant vide No. 84014000396 on dt. 31/07/2018 towards crop insurance premium under PMFBY which is compulsory while advancing and drawing loan amount for coverage of Agricultural Kharif Product ‘ Paddy ‘ for kharif season . The total
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sum assured for the same was Rs. 69,185/- The complainant had also submitted necessary documents regarding the loan processing . OP No. 1 being the nodal office and deducted the insurance premium from the account of the complainant to insured with Royal Sundaram Pvt. Ltd who is OP No.2 in this case.
The crop coverage certificate along with the proposal form in respect of receiving the insurance premium was sent by the OP No.1 to his Head office i.e. UGB, Regional office Region –iv Bolangir who was the District Nodal Office . the same been duly seem and verified by them and sent the same to OP No.2.
During the said year the paddy crop over the insured plots were damaged due to drought and accordingly the declaration of crop loss up to 52%. Which falls in Mukundapur Grama Panchyat and the complainant village Bhimdunguri comes with in Mukundapur G.P. the complainant is entitled for Rs. 36,400/- as insurance benefit from of No. 2 and 3 but OP No. 1 has not paid a single pai where as the other loanee co villagers and adjacent tenants who already received their insured amount since 28/08/2019.
After the aforesaid development the complainant again and again gone to the office of the Op No. 1 and requesting him to settled the claim with OP No.2 and 3 OP. 1 pay no heed to the complainant, being dissatisfied with the work and reply the complainant on dt.27/11/2019 sought for information vide his application dt. 27/11/2019 from the OP No.1 and accordingly Op No 1 vide his letter no 111/Advance/80 DDT 29/11/2019 has supplied the details information the complainant claimed for settlement . of the beneficial amount through OP No.1 from OP No.2 and 3 as per guideline of the Government , But the OPs are paying a deaf ear to the same. Due to no receiving of legitimate insured amount of the crop coverage destroy in drought the complainant suffering mentally and also financially hence this case.
2 . To substantiate his case the complainant relies on the following documents.
(1) Bank Passbook of UGB with transaction (Xerox Copy)
(2) ROR Stands in the name of the complainant (Xerox Copy)
(3) The petition order vide T.S. No. 75 of 1992 by civil judge sr. Division, Bolangir ( Xerox Copy)
(4) Aadhar Card ( Xerox copy)
(5) Application dt. 27/11/2019 and the reply of UGB dated 29/11/2019 (Xerox copy)
(6) Pass book of UGB of the co villagers and adjacent tenant with transaction (Xerox copy)
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3. Having gone through the complainant its accompanied documents and on hearing the complainant prima facie it seems to be a genuine case hence admitted and notice to the Ops were served and in response the OP No. 1 appeared personally and OP No. 2 and 3 appeared through their advocate but due to no filing of the written version all the OPs are set expert on dt. 25/08/2022.
After perusal of the evidence on the record it is found that the complainant advanced the loan from UGB, Mahalei Branch and the Bank has done his duty by deducting the premium of Rs.1,384/- on dt 01/07/2018 which reflect on the passbook transaction of the KCC AC vide No. 84014000396 and remit the amount to insured with Royal Sundaram Pvt Ltd. vide application No. 0401211811805454349 uploaded on dt 31/07/2018 measuring an area of 1.198 Hector and the total amount assured is
Rs. 69, 185/-.
Moreover the 52% of crop loss and drought declared by the Government in Mukundapur GP which covers village Bhimdunguri as such the complainant is entitled for 52% of the total amount insured which comes to Rs.36,400/-
That due to non filing of written version it is presumed that the allegation made by the complainant is admitted by the OPS. As such we are of the view that the present complainant case in hand is allowed experte against the OPs and the OP No.2 and 3 are hereby directed for payment of the insured amount . Hence Order.
ORDER
The OP No.2 and 3 are directed to pay a sum of Rs. 36,000/- @ 9% interest P.A. from the date of disbursement i.e. ( 28/08/2019 ) till the date of order, and Rs.10,000/- towards mental agony and 3,000/- towards litigation expenses within one month from the proclamation of this order failing which the entire amount should be paid by the Op No.2 & 3 @ 12% interest P.A. till realization.
No award as to cost.
PRONOUNCED IN THE OPEN COMMISSION TODAY i.e DATED 10TH DAY OF MAY’2023.
