Adv. For the Complainant: - Self
Adv. For O.Ps :- Sri B.Patra, Sri R.K.Mohakur
Date of filing of the Case :- 26.07.2022
Date of Order :- 16.06.2023
JUDGMENT
The fact of the case in nutshell:-
The complainant is an agricultural loanee of the Bank of Baroda Kantabanji Branch , Bolangir. He had taken loan in the year 20/07/2018 and a sum of Rs.2000/- was deducted from his KCC loan amount vide account No.3540500000206 for PMFBY 2017/2018 who is OP No.1 in this case who insured the crop with Cholamandalam General Insurance Company. Pvt. Ltd. who is OP No.2. in this case.
The Government of Odisha declared drought in the said year and a crop loss of 58% was declare as such the village Laripadar also comes under the said loss of 58 % . The complainant did not received the claim of actual amount according to the declare percentage but received Rs.6,345/- instead of 80,000/- which is genuine and equal to the percentage of crop loss declare by the Government of Odisha.
The complainant came to know while updating his passbook and enquire the matter to OP No.2 but got the replied to that effect that we have paid the total amount to the bank and the Bank has to distribute to the farmer according to the percentage of crop loss.
-2-
The complainant sought information in R.T.I. but the Bank did not provide the elaborate information to the complainant . The complainant came to know that in the same area the neighbour tenant got Rs.56,000/- according to the percentage of crop loss where as by deducting the same amount of premium from the complainant . The complainant received Rs.6,345/- which is totally wrong. The complainant enquire the matter to the B.M of the Bank but the Bank remain silent in this regard, Hen this case.
(2) To substantiate his case the complainers relies on the following documents.
(1) `Xerox copy of the transaction pages of pass book given by the Bank of Baroda.
(2) Xerox copy of the information given by Bank of Baroda on R.T.I. application.
(3) Xerox copy of account ledger enquiry .
(4) One affidavit given by the adjacent tenant as evidence.
(5) Xerox copy of ROR and Aadhar Card.
(3) Having gone through the complainant petition it’s accompanied documents and on hearing the complainant prima facie it seemed to be a genuine case hence admitted and notice to the Ops were served. Op. No.1 and 2 appear through their councel.
Sufficient opportunity has been given to the Ops for filing of written version but the OPS were failed to filed the same as such non filing of the written version in time I.e. (statutory period )the OPS were set experte on dt.18/01/2023 against the complainant.
From the record it is found that one affidavit evidence given by the adjacent tenant of the complainant in the same village namely Ranjeet Pattnaik who is also a loanee of the same bank and a sum of Rs.2000/- deducted as insurance premium in PFMBY and got the insurance benefit of Rs.55,900/-
As such it is unfair and deceptive trade practice of OP No.1 and 2 where one insured got Rs.55,900/- and the other the same village and G.P. got Rs.6.500/- by paying the same amount Rs.2000/- as premium having the cultivable land in the same Mouza Tahasil G.P and Block. The OP No.1 and 2 cannot discriminate the complainant regarding payment of insurance benefit which is unreasonable amounts to deficiency in service. After going through the allegation and evidence on record this commission feels and observes that the complainant deserves the remedies on merit. Hence order.
ORDER
OP No.1 and 2 are severally responsible but it is directed that OP No.2 is liable to pay an amount of Rs.49,665 /- @ 9% interest per annum from the date of disbursement of the insured amount till the date of order and Rs.15,000/- towards mental agony and Rs.3,000/- towards litigation expenses within one month from the date of order failing which the entire amount should be payable by OP No.2@ 12% interest per annum from the filing of the case till realization .
No award as to cost.
PRONOUNCED IN THE OPEN COMMISSION TODAY I.E DATED 16th DAY OF June’2023.
Sd/- Sd/-
(J.MISHRA) (R.K.TRIPATHY)
MEMBER. PRESIDENT(I/C)
