DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.01 of 2020
Suruchi Nayak, aged about 61 years, W/o. Amarendra 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.17.03.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant Suruchi 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.178/12 of Mouza – Banktentuli under Rengali G.P. in Sonepur Panchayat Samity of Sonepur District, she is cultivating the same. She is also cultivating lands of Mouza – Bankatentuli of Rengali G.P. an area of 4.242 hector recorded in the name of Artatrana Nayak of khata No.12. The recorded tenant of khata No.12 is residing with his family at New Delhi. Artatrana Nayak,
-: 2 :-
the recorded tenant of Khata No.12 authorized the complainant to cultivate and insured the crops, sale the produce for a period of three years from 2015 to 2018. The authorization has been notarized in Delhi on 24.07.2015. The same authorization letter is the proof of possession as required PMFBY notified by the Government of Odisha vide Letter No.3346 dt.13.04.2017. The complainant paid premium of Rs.4336/- on 28.07.2017 to insure the crop grown on the aforesaid land. 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.1,11,635.47 for the area insured.
The complainant approached the insurance company for payment of compensation, the insurance company repudiate the claim vide letter No.3842 dt.25.03.2019 to pay the compensation.
The Insurance company admitted and assured compensation of land measuring an area 0.576 hec. Mentioned in the said letter but payment not yet made which is negligence, deficiency in service and carelessness of the compensation for which the complainant suffers injuries mentally, physically and economically. The complainant relies on money receipt, authority letter dt.24.07.2015, letter No.3842 dt.25.03.2019 issued by the A.I.C. , O.P. No.2 and claim compensation of Rs.1,11,635.47 with 18% interest and Rs.30,000/- towards compensation in providing deficiency in service , mental agony etc. The litigation charges Rs.10,000/-.
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
-: 3 :-
appear through G.P. 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.
On perusal of the complaint petition and the PMFBY receipt dt.28.07.2017 authority letter of Artatrana Nayak duly notarized by Notary, New Delhi who is recorded tenant of Khata No.12 of village Banktentuli authorised Smt. Suruchi Nayak W/o. Amarendra Nayak on 24.07.2017. The letter issued by the A.I.C. vide No.3842 on 25.03.2019 shows that the company has repudiate the claim, an area of 4.242 hector recorded in the name of Artatrana Nayak as she is not the recorded tenant. The authority of Artatrana Nayak has been disputed on the pretext of Section 6 of O.L.R. Act which is misinterpretation and illegal interpretation of law by the company to repudiate the legitimate claim of the complainant, the company authority fail to exercise the exception of the statute i.e. O.L.R. Act.
The complainant filed documents, Bank pass book bearing A/c. No.0000084026824173 of U.G.B. Khaliapali in the name of complainant where it disclose she has received insurance benefit for the year 2021 on 04.01.2022 from the O.P. on the same land. 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 and 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 Rs.30,000/- as compensation and Rs.7,000/- towards cost of litigation will meet the ends of justice.
-: 4 :-
O R D E R
Hence we conclude and directed the O.P. No.1 and 2 to pay a sum of Rs.1,50,000/- in total to the complainant within one month of this order, failing which a penal interest 12% will carry till final payment. Complaint is allowed.
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 17th day of March 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.17.03.2023 Dt.17.03.2023
