Ugresan Bag, S/O- Lalman Bag  ,

     At: tentulikhunti, PO:Thuapadar, P.S. Bhawanipatna ,Sadar,

     Dist-Kalahandi,Odisha.                                           …….…Complainant                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Vrs.

1. Union of India, represented through the Commissioner-cum-Under Secretary, Department of Agriculture, Co-operation farmer’s Welfare (DAC & FW), Ministry of agriculture and Farmer Welfare, Govt. of India, New Delhi.
2. State of Odisha represented through the Commissioner-cum,-Secretary. Department of Agriculture and Farmer Welfare, Ministry of Agriculture and Farmer Welfare, Govt. of Odisha, Bhubaneswar.
3. Chief District Agriculture Officer, Kalahandi, Bhawanipatna, Odisha.
4. Agriculture Insurance Company, Office Block-1,5^th Floor, Flat B & C,

East Kidwai Nagar,    Ring Road, New Delhi,110023. ,

5.  Branch Manager ,Indian Overseas Bank , Bhawanipatna Branch, At/Po-Bhawanipatna, Dist-Kalahandi. Odisha.
6. Dhanurjaya Bag, Digital Wave Computer,

           At-Tentulikhunti, Po-Thuapadar,Dist-Kalahandi,Odisha.

                                                                                        …….Opps Parties

Counsel for:-                                                              

       For the Complainant:  Self .For the O.P 1& 3   Self.

       For the O.P 2&6: Not appeared  

       For the O.P 4: Sri.P.K.Bhoi,Advocate

       For the O.P 5:  Shri S.K.Mund ,Advocate

JUDGMENT

 Sri A.K.Patra, President

1. The captioned Consumer Complaint is filed by the complainant named above inter alia alleging negligence & deficiency in service on the part of Opposite Parties for non release of crop insurance benefit under Pradhan Mantri Fasala Bima Yojana (PMFBY) as claimed on account of loss of paddy crop grown in Kharif 2022.
2. The complainant seeks for an order directing the Ops to release the   crops insurance benefit under PMFBY and further prayed for an award of compensation towards mental agony & harassment with litigation cost.
3. The factual matrix leading to the case of the complainant as emerged from the case record is that, the complainant is a farmer by occupation had grown paddy crop during Khariff: 2022 over his agricultural land vide plot No.863 measuring an area of Ac.1.46 dcl .i.e. 0.59084 Hect. there recorded under Khata No.152 of  village Tentulikhunti ,G.P—Thuapadar, P.S.Bhawanipatna ,Dist.Kalahandi ,Odisha. He had insured his paddy crop grown over the said lands  during Kharif 2022 with Agriculture Insurance Company of India/OP4 paying premium of Rs.806.49/- for sum assured amount of Rs.40324.83/- under PMFBY in the village CSC point run by one Dhanurjaya Bag/OP6  but unfortunately the crop of his village got damaged during Kharif 2022 for which co-farmers have already received their crops insurance benefit under PMFBY but entitlement of insurance benefit of the complainant is not yet release in spite of his several requests to the concern authority. Hence, this complaint.
4. To substantiate his claim the complainant has filed the self attested true copies of following documents:           (i) money receipt  vide Money Receipt No.0401212200101261247 dt. 05.07.2022 as Annexure 1. (ii) Copy of SB Account No. 070701000050636 there with the Indian Overseas  Bank (0707), Bhawanipatna /OP5 as  Annexure-2,(iii) Copy of Voter Identity Card of the complainant as  No. OR/14/099/154915 Dt.01/07/2013 Annexure-3 (iv) Aadhar Card of the complainant vide 4829 2515 0144  as Annexure-4,(v) Copy of ROR vide Khata No.152 of Mouza –Tentulikhunti , P.S./Tahasi- Bhawanipatna, Dist- Kalahandi, as  Annexure-5,
5. On being notice, the Op No 1(one) ,Op 3(three) ,Op  4(four) and OP5 (five) appeared and filed their respective written version. They also participated in inhering of this case .
6. The OP 2 and Op 6 did not appear though notice through registered post is properly served.
7. The OP 1/Union of India through its authorized representative filed their written version stating therein that, PMFBY is a multi stake holder scheme and each stake holder has clear cut roles & responsibilities under the guideline .The State Govt. which intends to implement the scheme notifies the scheme and have to select the insurance company and that, the Government of India has no liability or onus towards the complainant. Rather the complainant is to approach to the Grievance Redressal Mechanism of State Government for resolution of his grievance as per the provision of PMFBY.
8. The OP 2/State of Odisha through Commissioner-cum-Under Secretary, Department of Agriculture, Co-operation Farmers Welfare (DAC&FW) Ministry of Agriculture and Farmer Welfare, Govt. of Odisha undertake for proper implementation of the PMFBY to support the farmers at peril did not choose to appear & reply the grievance of the complainant though notice through registered post is properly served is a matter of concern.
9. The Op No. 3/ Chief agriculture Officer Kalahandi at Bhawanipatna vide his office letter No. 1948 dt. 15/02/2024 submits that, during Kharif 2022 Thupadar GP of Bhawanipatna Block was declared as 24.27% short fall yield i.e Threshold Yield:-2451,Actual Yield:-1856 ,Shortfall Yield:-595 .
10. The Agricultural Insurance Company of India /Op 4  have filed their written version admitting the facts that, it is an implementing agency of PMFBY and is one of the many stakeholders bound by specific order passed by Govt of India & concern state Govt. The op 4/AIC has denied the crops insurance as alleged by the complainant. It is  submits that, as per the documents uploaded in the NCIP by the farmers there was doubtful insurable interest as the relationship of the enrolled farmer with the land ROR holder was not established due to entire mismatch in the surname. Accordingly the insurance policy of the complainant got rejected, the matter of which is communicated to the State Govt, vide Letter REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023. However, the AIC/Op 4 confirms that they are ready to approve the applications once they receive appropriate orders from the Govt. of Odisha (if eligible and deemed fit as per scheme provision).  
11. To substantiate his contentions, the Op 4/AIC has filed the true copy ROR vide No 152 of village:- Tentulikhunti, PS-Bhawanipatna,Dist-Kalahandi,Odisha.The averment of the written version is also supported by an affidavit of one Deepak Pundlik Patil ,Regional Manager, RO, Bhubaneswar is taken in to consideration .
12. The OP 5/IOB, Bhawanipatna in their written version contended that, there is no cause of action lies to file this complaint against the Bank/OP5 as the complainant has insured his crops grown during Kharif 2022 through the OP 6/CSC as non lonee farmer and not through this answering OP/Bank and that, the complaint is also barred by law of limitation. The complainant has not availed any KCC loan for the Kharif year 2022 as such there is no question of deduction of any premium towards crop insurance under PMFBY during Kharif 2022 for the complainant. However, the OP 5/ Bank has admitted the fact that, the complaint is maintaining a SB A/c vide No. 070701000050636 with the OP 5/IOB, Bhawanipatna and that, crops insurance benefit of Rs. 31,381.53/- on dt.20/06/2022 has already been deposited in the said account of the .It is specifically denied of any deposit of premium in the said bank account under PMFBY for crop insurance during Kharif 2022 and further submits that, there is no deficiency in service on the part of the Op 5/ Bank.
13. To substantiate his contentions, the Op 5/ bank has filed the self attested true copy of account statement from 01/01/2020 to 25/01/2024 of the SB A/c vide No. 070701000050636 there in the name of the complainant with the OP5/Bank and transaction remark dt.20/06/2022 for an amount of RS.31,381.53/- credited to the account of the complainant  from the AIC of India The averment of the written version is also proved on affidavit  of one Sri Partha Sarathi Panda ,Branch Manager, Indian Overseas Bank, Bhawanipatna. is taken in to consideration.
14. After perusal of the complaint petition, written version and all the documents relied on by both the parties placed in the record, the points for consideration before this Commission is:- whether the complainant is entitled for the alleged crops insurance benefit under (P M F B Y) for the loss of crops grown in Kharif 2022 and whether the Ops have deficient in service to settled the insurance claim of the complainant?
15. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
16. During hearing of this case the complainant has filed an additional affidavit evidence and proved the contentions of his complaint petition remain un rebutted.
17. Learned counsel for the Op4/AIC draws the attention of this Commission over Para 17.6.4 of the revised PMFBY guideline which contended that “in case of application submitted through CSCs, the farmer will be required to authenticate herself/himself using Aaadhar for filing of online application form . Having a bank account is essential for such case. In this case CSC-VLE will upload all requisite /desired supporting documents on portal while filing of the application form on behalf of the farmer. Application without requisite documents would not be considered for insurance coverage and CSC-VLE is responsible for proper filing of application form.” It is also contended there in the said guideline that : “Insurance Company should also reconcile the details of individual insured farmers uploaded on the portal  with the premium/consolidated  declaration receipt from each branch/nodal branch within the stipulated date and any deficiency/mismatch may be reported to the concerned bank branch/nodal bank. The bank branch/nodal bank should further send /upload the requisite information in respect of such farmers for whom clarification has been sought immediately within seven days.”
18. Para 17.12 of the revised guideline of PMFBY that:-“insurance company should verify and satisfy themselves about the coverage of farmers/crop and give acceptance to the application submitted by bank electronically through National Crop Insurance Portal.” 
19. Para 17.13 of the said guideline contended that:-“all insurance companies will compulsorily verify and take necessary action including approval/rejection of proposal or policy of any farmer through crop insurance portal within stipulated date.”
20. Ld. Counsel for the OP 5/Bank of India draws our attention over the resolution vide NO.5105/COOP dt.10.06.2022 of Government of Odisha, Cooperation Department  and most specifically over the Seasonality Discipline for Kharif 2022 that, cutoff date for electronic remittance of farmer premium to insurance company for farmers covered on voluntary basis/non loanee by designated insurance agent and uploading of detail of individual covered farmers on crop insurance portal is to be made within 48 hours of receipt of application & premium and then action is to be taken by the insurance company and their agents/CSC. He has further drew  our attention that, the cutoff date for insurer to accept or reject the farmers data on portal is within 15 days from the cutoff date for uploading of data/information by banks /PACS /CSC/Agent respectively for loanee and within 30 days for non loanee and the action is to be taken by insurance company and that, the cutoff date for CSCs/banks/Intermediary to correct/update the paid application intimated by ICs on crop insurance portal is within 7 (seven) days from the date of intimation by ICs and the action is to be taken by the CSC/Bank/Intermediaries and that, the cutoff date for insurer to accept correct/uploaded application is within 7(seven)  days from the date of submission of correction /updated by the Bank/CSC and the action is to be taken by the insurance company.
21. The   facts not in dispute in this case are that, the complainant is an SB account holder of the OP 5/Indian Overseas Bank ,Bhawanipatna , Bhawanipatna but the complainant has failed to proved the facts that, he has availed agriculture loan from the Op /5/Bank during Kharif 2022. So also failed to proved any deposit of insurance premium with the bank/Op5 .Rather, admitted facts is that, the complainant has paid the required premium through CSC / OP 6 as non-lonee farmer and have collected the money receipt vide Money Receipt  No.0401212200101261247dt. 05.07.2022 as Annexure- 1 of the complaint petition which proved that , premium of Rs 806.49 is paid to the AIC/OP4 for sum assured of Rs. 40324.83/- through OP6/Village CSC as non-lonee and not through OP5/Bank.
22. As per PMFBY scheme duty casts on the Bank towards loanee farmers only who have avail agriculture loan and to release the insurance benefit if deposited by the insurance Company towards loss of insured crops. Admittedly the complainant is a non-loanee farmer and no crops insurance benefit is deposited in the SB account of the complainant there maintained with the OP 5/Bank .So also the complainant has not availed agriculture loan for the Kharif 2022 from the Op 5/Bank. As such this Commission is of the opinion that, there is no negligence or deficiency in service on the part of the Op 5/Bank of India, Bhawanipatna.
23. Here in this case, there is no dispute that, insurance premium is accepted by the insurer AIC/ OP 4. Vide Money Receipt  No.0401212200102044547 dt. 05.07.2022 vide Annexure- 1 of the complaint petition rather, the insurance company has taken plea that, on verification of the documents of the complainant they doubt on insurable interest of the complainant for which the application of the complainant was provisionally rejected by the answering Op 4 /AIC in accordance with scheme provision only due to not uploading of documents by CSC-VLE for the purpose of identification and it is  already explained to the State Government vide letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023. However, this Commission has seen that, the OP 4/ AIC confirmed that, they are ready to approve the application of the complainant once they received appropriate orders from the Government of Odisha.
24. On perusal of the  Seasonality Discipline for Kharif 2022, this Commission is agreed with the submission of the learned counsel appeared for the OP5/Bank that it specifically  provides  the  cutoff date for insurer to accept or reject the farmers data on portal is within 15 days from the cutoff date for uploading of data/information by banks /PACS /CSC/Agent respectively for loanee and within 30 days for non loanee and the action is to be taken by insurance company and that, the cutoff date for CSCs/banks/Intermediary to correct/update the paid application intimated by ICs on crop insurance portal is within 7 (seven) days from the date of intimation by ICs and the action is to be taken by the CSC/Bank/Intermediaries and that, the cutoff date for insurer to accept correct/uploaded application is within 7(seven)  days from the date of submission of correction /updated by the Bank/CSC and the action is to be taken by the insurance company.
25. Here, in this case the facts that, the complainant has paid insurance premium of Rs.806.49/- for an area of 0.9084 Hect. &  for sum assurance of Rs 40324.83/- is successfully remitted to AIC/OP4 vide  Money Receipt  No.0401212200102044547 dt. 05.07.2022 Annexure- 1 of the complaint petition is not disputed. Nothing cogent evidence whatsoever placed in the record that, the insurer AIC /OP 4 has ever verified the information details of the insured farmer/complainant earliest within prescribed time period or has ever notified that, said application of the complainant under PMFBY for crops insurance during Kharif 2022 is not proper though, a duty cast upon the insurer there in the revised guideline of PMFBY as well in the  Seasonality Discipline for Kharif 2022 as discussed above. Rather the contentions Annexure -1 of the complainant petition remain unchallenged/un rebutted.
26. Nothing materials  placed on the record to hold that, the AIC/OP 4 has ever asked either to the CSC/Op 6 or to the complainant for submission of any additional documents or have asked for clarification regarding insurable interest of the complainant in due time as prescribed rather, it is proved on admission that, AIC/OP4 has issued letter vide letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023 to the Government of Odisha violating the norm of said Seasonality Discipline for Kharif 2022  in too late stating there in that, the application of the complainant is  provisionally rejected by the answering Op 4 /AIC in accordance with scheme provision due to not uploading of documents by CSC-VLE for the purpose of identification  clearly proved negligence & deficient service there on the part of  the AIC /OP4 .So also it is proved that,  the OP4/AIC has deliberately violate  the Seasonality Discipline formulated for Kharif 2022 under PMFBY certainly caused injuries to the complainant cannot be denied.
27. No cogent evidence is placed there on the record  by the AIC/OP 4 to hold that, the CSC application under PMFBY for crops insurance of  the crops grown during Kharif 2022 submitted by the complainant /farmer along with required documents as per  acknowledgement vide annexed as  Annexure-1 was  incomplete rather, the declaration of the complainant uploaded by the CSC/OP6 containing the facts that, the complainant has grown paddy crops over the said land under Khata No.152 of village Tentulikhunti ,Gp-Thuapadar  , is arbitrarily ignored by the AIC/op 4(four) .
28. The PMFBY is a beneficial scheme of the government to protect the interest of the poor farmer. The claim of crop insurance benefit of the complainant under beneficial scheme of PMFBY rather,the insurance company is  sitting over the claim of complainant for an uncertain period of time at the peril and it has been enjoying the premium received from the farmer/complainant is clearly proved is unfair trade practice there on the  OP4/AIC.
29. Here in this case the complainant is entitled for crop insurance benefit @ 24.27 % of sum assured Rs 40324.83/- under premium paid money receive No. 0401212200101261247 dt.05/07/2022 (annexure 1 of the complaint petition ) but not yet released by the insurer AIC  /Op 4 as such    we are of the opinion that, there is sufficient cause  to brought this complainant and it is filled in time   well maintainable under C.P .Act 2019 before this Commission .
30. Based on the above facts & circumstances and as per revised guideline of PMFBY and Seasonality Discipline for Kharif 2022 we are of the opinion that, enjoying the premium received from the farmer/complainant and sitting over the claim of complainant for an uncertain period of time at the peril is  nothing but an unfair trade practice & deficient service on the part of insurance company AIC/OP 4(four) certainly caused injuries to the complainant  as suchwe are of the opinion that , the insurer AIC/op 4(four)  is liable to  compensate the complainant by way of releasing of  aforesaid insurance benefit @ 24.27 % of sum assured Rs 40324.83/- i.e Rs 9,787/- to the complainant  with interest @ 9% from the date of filing of this complaint i.e. 21/11/2023 till its realization. The  State of Odisha /OP2 is to ensure release of afore said  insurance benefit to the insured farmer/complainant. We found no negligence & deficient on there on part of other Ops. Hence it is ordered.

O R D E R

    This consumer complaint is allowed in part on contest against the AIC / OP 4(four)  & he State of Odisha /OP2 and dismissed against the other  Opp.Parties with the  following direction :-

1. The Agriculture  Insurance Company of India Ltd/ Opposite Party No. 4 (four)  is here by directed to pay  Rs. 9,787/- /- with interest @ 9% p.a from the date of filling of this complaint i.e. from dt.21.11.2023 till its realization to the complainant and further directed to pay Rs 5,000/-  litigation cost to the compliant.
2. The State of Odisha /OP2 is to ensure release of afore said insurance benefit to the insured farmer/complainant.
3. It is further directed to comply  the aforesaid order within four weeks from the date of receipt of a copy of this order falling which the AIC/OP 4 shall be liable to pay Rs.100/-(one hundred ) per day as compensation to the complainant till compliance of this order.

      Dictated & corrected by me.

​

I agree

Member                          President

Pronounced in open Commission today on this 29 May 2023under the seal and signature of this Commission.

The pending application if any is also stands disposed off accordingly.

    Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.