DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.02 of 2020
Amarendra Nayak, aged about 67 years, S/o. Late Trilochan Nayak, R/o. Bankatentuli, G.P./P.O. Rengali, P.S. Dunguripali, District - Subarnapur,
………….. Complainant
Vrs.
1. Chairman-Cum-Managing Director, Agriculture Insurance Co. of India Ltd. At/P.O. Plate B & C, 5th Floor Block - 1
2. Agriculture Insurance Co. of India Ltd. Regional Office represented by its Regional Manager, 87, 1st Floor The Mother, Satya Nagar, Bhubaneswar 751007.
3. The District Magistrate & Collector, Subarnapur, At/P.O./P.S. Sonepur, District – Subarnapur.
4. Deputy Director, Agriculture, Sonepur, At/P.O./P.S. Sonepur, District – Subarnapur
5. Tahasildar, - Chairman, BLJC, Sonepur, At/P.O./P.S. Sonepur, District – Subarnapur
………….. Opp. Parties
Advocate for the Complainant …………. Sri J. Panda
Advocate for the O.P. No.1 & 2 …………. Sri S. Hota
Advocate for the O.P. No.3 to 5 …………. Sri B. K. Dash
Present
1. Sri U.N. Purohit, President
2. Sri H. Padhan Member
Date of Filing Dt.01.01.2020
Date of Hearing Dt.03.03.2023
Date of Order Dt.18.03.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant Amarendra Nayak files complaint U/s.12 of the Consumer Protection Act 1986. The details of complaint petition is that the complainant is recorded tenant of khata No.140 of Mouza – Pipilipali under Rengali G.P. in Sonepur Panchayat Samity of Sonepur District, he is cultivating the same. The complainant insured the crops for Khariff 2017 and paid premium of Rs.9397/- on 28.07.2017 to insure the crop grown on the aforesaid land.
-: 2 :-
The policy was accepted by the insurance company and issued proper receipt to the complainant. The Rengali G.P. was declared 51.49 % loss of crop for the Kharif 2017 being G.P. as an Unit. The complainant is entitled for crop loss compensation of Rs.2,41,937.09 for the area insured.
The complainant approached the insurance company for payment of compensation, the insurance company repudiated the claim of the complainant on the ground that the Village Pipilipali is located in Janmura G.P. under Sonepur P.S. and there is no short fall in yield in the Janmura G.P. for Khariff 2017 vide letter No.3766 dt.18.12.2018. The complainant tried to convince the O.P. No.2 vide his application dt.11.01.2019 that the Village Pipilipali is located in Rengali G.P. under Dunguripali P.S.
The complainant filed premium paid money receipt, letter No.3766 dt.18.12.2018 original Certificate of R.I. Khaliapali, Bank pass book showing the O.P. already paid compensation on the same land for the year 2012, copy of crop loss report percentage of Rengali G.P. Calculation statement of compensation adopting formula issued by the A.I.C.
The O.P. No.1 and 2 on receiving notice appear through their Advocate Sri S.K. Hota and K.C. Hota on 12.09.2022. They have given scope to file version and on the date of adjournment they have repeatedly absent and not taken step for filing of their version. Hence they have set exparte on 09.01.2023. The O.P. No.3 to 5 appear through Govt. Pleader and file version that they have not committed any deficiency of service in discharge of their duties, they did not dispute the possession of the complainant and they being convener of the PMFBY taken all awareness field level worker and reported in time to the Government and the Govt. declared percentage of crop loss of respective unit in the District, as such they are not liable for any deficiency by insurance company.
-: 3 :-
On perusal of the complaint petition and the PMFBY receipt, report of R.I. Khaliapali it is crystal clearly that the Village Pipilipali is located in Rengali G.P. under Dunguripali P.S. Thana No.142 and the complainant belongs to Village Banktentuli under Dunguruipali P.S. Further the complainant filed a Certificate of B.D.O., Sonepur that the Mouza – Pipilipali comes under Rengali G.P. Ward No.5. The O.P. disputing the situation of the village to repudiate the legitimate claim of the complainant.
So it is proved that the O.Ps. intentionally, deliberately repudiating the legitimate claim of the complainant applying unfair trade practice as such they are deficiency in providing proper service, though there is sufficient evidence and proof that the village under Rengali G.P. and the unit declare crop loss by Govt. 51.49%. As such the O.Ps. are liable for compensation as claim by the complainant. The O.P. No.1 and 2 deficiency in service and involved in unfair trade practice caused harm to the complainant as such liable to compensate for the sufferings of complainant.
Hence we conclude and directed the O.P. No.1 and 2 to pay a sum of Rs.2,41,937.09 for crop loss compensation to the complainant alongwith 10% interest from the date of compensation dues i.e. last date of payment of compensation of the year 2017, so the interest dues from 1st April 2018. Further we direct the O.P. No.1 and 2 pay Rs.40,000/- as compensation for sufferings of the complainant and Rs.7,000/- towards cost of litigation will meet the ends of justice.
Hence we conclude and directed the O.P. No.1 and 2 comply the order within one month of this order. Complaint is allowed.
-: 4 :-
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 18th day of March 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.18.03.2023 Dt.18.03.2023
