Adv. For the Complainant: - Self
Adv. For O.P1 :- - Sri R.K.Mohakur
Adv. For O.P2 :- - Self
Date of filing of the Case :-22.03.2022
Date of Order :- 13.01.2023
JUDGMENT
Facts of the Case in nutshell :-
1. The complainant being a farmer done the (PMFBY) of Agriculture for crop insurance for the year 2019. The complainant is a non –loanee having the cultivated land at mouza village JAMTARA P.S Sindhekela . Tahasil Bangomunda. Insured a total covering area of 2.117 Hectare comprises total insured premium of Rs 2806.06/- the total sum assured was Rs 1,40,304,16/- with OP No. 1 through CSC Kantabanji comes under the Jurisdiction of Agricultural District Officer Titilagarh.
On that year 2019 the Govt . declare drought and the complainant’s area got 56 % eligibility of drought effected out of the total sum assured i, e. Rs 1,40,304,06/- .
All the villager of Jamtara who had done the crop insurance under (PMFBY) got the insured sum except the complainant . The complainant report the matter to Agriculture District Officer Titilagarh who is OP no 2 for enquiry . The OP No 2 sent a memo to the officer in charge of Royal Sundaram GIC
Ltd. , Bhubaneswar who is OP No.1 where it is found that the G.P. entered in (NCIP)as Kantabanji NAC as such no claim liability of the OP No.1 and after several reminder OP No.1 was silent till date, hence this case.
To substantiate her case the complainant relies on the following documents.
(i) Xerox copy of the premium money receipt vide No 0401211901804489615.
(ii) Xerox copy of the Aadhar Card.
(iii) Xerox copy of the R.O.R
(iv) Front page Xerox copy of Bank Pass Book
2. Having gone through the complainant it’s accompanies documents and on hearing the complainant, prima facie it seemed to be a genuine case, hence admitted and notice to the OPs were served and in response, they appeared and filed their version.
3. The rival contention of the OP No 1 contested the case have denied all allegation of the complainant. Submitted to dismissed the case.
The OP. No 1 Contended that the allegation made in the complainant are not binding on this OP.No1 . The date collected with respect to alleged loss is uploaded in National Crop Insurance portal (NCIP) and subsequently settled by insurance company and OP No.1 is no liable for the wrong done by the complainant as such the case is likely to be dismissed.
4. OP No.2 the ADO Titilagarh in his written version stated that the complainant has submitted application date 09.08.2021 and the Block Agriculture Officer, Bangomunda Block has forwarded the application along with required documents to the Op. No 2 vide his memo No. 173 dated 09.08.2021 . The OP No.2 has prepared the correct accounts details address .G.P. and other valuable in formations of Sanju Behera the Complainant and sent through E-mail to the project Head. O.P. No.1 i.e. Crop Insurance Company Royal Sundaram General Insurance company Ltd. Vide his office memo 1393 dated. 12.08.2021 for settlement of crop insurance claim under (PMFBY) Kharif 2019.
Again on Dated.20.02.2021 sent an E-mail regarding the nonpayment of the same. Again on dated 01.10.2021 the OP No.2 sent an E-mail request the OP No.1 to furnish Status report of the complainant.
In response to the letter of Op No.2 the OP No 1 had informed vide his mail dated 04.10.2021. The Status report of the complainant where For this application there is no claim liability G.P. entered in NCIP portal as Kantabanji NAC. The Op No 2 Stated he has no power to release any crop insurance claim under ( PMFBY) scheme.
Heard the complainant and perused the material on record with submission and vehement denials of the learned advocate for the Op. with arguments.
Before going to the merits of the case ,this commission first decide whether the OP NO.1 is liability free or extended the liability . It is pertinent to mention here that the (PMFBY) is a beneficial plan to strengthen the back bone of the cultivator where there is natural calamity such as drought and peril. In the case in hand the document filed by the complainant on the record shows that the receipt no which is also the application number shows the status as paid of the insurance premium for the year 2019 season kharif as non –loanee Farmer covering an area of 2.177 Hector with a sum of Rs 2,806.06 as premium for the total sum insured was Rs. 1,40,304.16/- with OP No.1 through CSC Kantabanji where the CSC mentioned the residential place of the complainant . instead of village name JAMTARA in Colum No.2 and there is no column for G.P. The document on the record from which , it is found that the complainant resided at Kantabanji NAC but her cultivable land is in the village JAMTARA which is on the R.O.R may it be the defect of soft ware the village and Panchyat was not shown on the application form but the Op. No.2 while sending the correct and verified document to OP No.1 for correction and settlement of claim in his letter dated 12/08/2021.
Therefore it is clear that the cultivable land is in the village JAMTARA under THEMRA G.P. of Bangomunda Block Kantabanji and the complainant paid the crop insurance premium for the year 2019 which is not denied in the written version of OP.No.1 as such it is admitted by OP.No.1 The OP No.2 has done his level best to settle the claim but OP No.1 without extending the liability denied arbitrarily even if OP No. 1 Knows the premium paid by the complainant.
The silent feature of the Revision (PMFBY) (A) that all farmers including share croppers and tenant farmers growing the notified crop in the notified area eligible for the coverage under the scheme. The main objective of this scheme is that no cultivator should not deprived of the benefit under this scheme.
The NCIP portal will bring in better administration and coordination amongst stake holders. VIZ farmers states, insurers, Banks as well as real time dissemination of information and transparency. Moreover, it is the duty of the insurer to verify and satisfy themselves about the coverage of farmers crops and give acceptance.
Accordingly OP No.2 not verified the change of address despite several request of OP No.2 which squeeze the extended liability arbitrarily. It is note worthy to mention here that, Op No.1 in Para No.12 of the written version stated the application number as 040121190180448961504 but the receipt slip of the complainant, it shows as 09012111901804489615. As such the OP No.1 not verified the application properly. More over, in Para 13 of written version of OP No.1 it is averred that short fall recorded in the village “Silet Para’’ for paddy crop for Kharip 2019 but the complainant have the cultivable land coverage are of village JAMTARA which declared 56% effected by drought declare by Government of Odisha.
Having gone through the above facts, circumstances and evidence on the record, this Commission feels and observe that due to the defect in the soft wire process at the time of preparing the application Residential place i.e. Kantabanji NAC printed instead of the cultivable land in village JAMTARA under THEMARA G.P of Bangomunda Block. The OP No.1 should have rectified and correct the same after the request of OP No.2 as it is genuine and settle the claim. OP No.1 only shifted the liability to (NCIP) but not escaped from the extended liability of service on the part of OP No.1 which amounts to deficiency in service.
The merit of the case is in favour of the complainant and the complainant deserves the claim amount, and not deprived of the benefit of the benevolent Farmer welfare scheme . As such the OP No.1 liable to pay the insured amount. Hence Order.
ORDER
This commission pleased to direct Op No. 1 ( Royal Sundaram GIC Ltd) to pay the complainant Rs 78,570,24/(I.E) 56 % of the total insured sum Rs 1,40,304,16/- Rs. 20,000/- as mental agony and Rs. 2,000/- as Litigation expenses a total sum of RS 1,00,570,24/- @ 9 % P.A. within one month from the date of order failing which the Op No.1 is directed to pay the total amount @ 12 % from the date of filing till realization.
PRONOUNCED IN THE OPEN COMMISSION TODAY I.E DATE 13th day of January’2023.
(J.MISHRA) (R.K.TRIPATHY)
MEMBER. PRESIDENT(I/C)
