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 have availed agricultural loan (KCC) from the Bank of India/OP 5 and grown paddy crop during Khariff 2022 over his agricultural land vide plot No.1002, 1001, 351 and 999 total 4(four) plots measuring an area of Ac.2.700dcl.i.e. 1.0927hect. there recorded in the name of his father Pandava Goud@Juad under Khata No.133 of village Goipita, 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.1491.45 for sum assured amount of Rs.74574.04 under PMFBY in the CSC point run by one Tejuraj Bhati/Op 6 but unfortunately the crop of his village during Kharif 2022 got damaged for which co-farmers have already received their insurance benefit under PMFBY but his entitlement of insurance benefit is not yet release by the AIC/Op 4  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.0401212200102044547 dt. 09.07.2022 as Annexure 1. (ii) Copy of Aadhar Card of the complainant vide 6307 9394 7103 Annexure-2,(iii) Copy of SB Account No. 514110110001617 of the Bank of India, Bhawanipatna /OP5 vide Annexure-3, (iv) Copy of ROR vide Khata No.133 of Mouza -Goipita, P.S./Tahasi- Bhawanipatna, Dist- Kalahandi, Vide Annexure-4, (v) Affidavit of the complainant stated to have submitted before the concerned authority of PMFBY vide -Annexure-5.
5. On being notice, all the Opposite Parties, except Op 2(two), have appeared and filed their respective written version. The OP 2(two) did not turn up though notice through Regd. Post is properly served.
6. The OP 6/The Proprietor of CSC village Goipita in his written version has admitted the facts that, he is the proprietor of the CSC, Goipita village and that , the complainant had insured his paddy crop grown during Kharif 2022 with AIC/OP 5 through his CSC, Goipita and with this respect insurance premium of Rs.1491.45 for an area of 1.0927 hect is  successfully paid to AIC/OP4 vide Money Receipt No. 0401212200102044547 on dt. 09.07.2022, copy of which is handed over to the complainant. He has  further admitted the facts that, the complainant has handed over the documents such as:- filled up declaration form for non loanee farmer stating therein that, no crop insurance has been done by the complainant in any other insurance company with respect to crop grown over plots vide No.351, 999, 1001 and 1002 of an area of 2.700 dcl. Under Khata No.133 of Mouza Goipata for Kharif 2022 recorded in the name of the father of the complainant and that the complainant has grown paddy crops over the said land by inheritance from his father , Copy of ROR vide Khata No.133 of village Goipita, Aadhar Card and Bank Pass Book of the complainant and that, as per the instructions of the complainant he/OP6 has uploaded all the documents for PMFBY in the concern website for acceptance. The acknowledgement of successful payment of premium to the AIC/OP4 is also handed over to the complainant. He /OP 6 has further submits that, he is in no way responsible for non receipt of insurance benefit by the complainant and that, there is no deficiency in service on his part rather he/the OP6 has performed his duties honestly as such this case is to be dismissed against the CSC/ OP 6.
7. The AIC/OP 4 in their written version admitted the facts that, during Kharif 2022 the AIC/OP4 was allotted Kalahandi district for implementing PMFBY and has settled all eligible claim in accordance with scheme provisions. The OP 4/AIC has denied any insurance of crops of complainant during Kharif 2022. It is further contended that, as per clause 17.6.7 of the PMFBY Scheme, while accepting proposal and premium from the designated agent or authorized channels or insurance intermediaries approved by IRDAI, it shall be the responsibilities of the insurance company or its designated agent to verify the insurable interest. Hence, the application of the complainant was provisionally rejected by the answering Op 4 /AIC in accordance with scheme provision due to not uploading of documents by CSC-VLE only. It is further submitted that, as per the documents uploaded in the NCP by the farmers there was doubtful insurable interest. No documents including the ownership of land establishing the relationship between the land owners and the alleged insured farmers were attached in NCP which were relevant and mandatory for insurance. Thus, this complainant is devoid of insurance benefit due to non uploading/non submitting the relevant documents by CSC-VLE only for the purpose of identification and this facts is already explained to the State Government vide letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023. However, 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.
8. To substantiate his contentions, the Op 4/AIC has filed the true copy letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023 sent to the Director, Directorate of Agriculture & Food Production,            Krishi Bhawan, Bhubaneswar .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 .
9. The OP 5/BM, Bank of India, Bhawanipatna in their written version contended that, there is no cause of action lies to file this complaint against the Bank/OP5 and complaint is also barred by law of limitation. It is further submitted that, the complainant had availed crop loan of Rs.99,000/- on 21.10.2019 vide loan A/c No.514132110001265 but not repaid the same for which account is classified as NPA. The complainant has not availed any KCC loan for the Kharif year 2021-22 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. 514110110001617 with the OP 5/Bank of India, Bhawanipatna but it is specifically denied 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.
10. To substantiate his contentions, the Op 5/ bank has relied on the true copy of “opt out” Form for Revamped PMFBY/RWBCIS on dt./15.07.2022 received from the complainant, Account statement of both SB A/c and crop loan account there in the name of the complainant and the resolution No.5105/COOP dt.10.06,2022 of Co-operative Department. True copies of those documents are placed on the record for perusal. The averment of the written version is also proved on affidavit of one Gunanidhi Kharsel, the Senior Manager ,Bank of India ,Bhawanipatna Branch is taken in to consideration.
11. The OP 3/ Chief District Agriculture Officer, Kalahandi Bhawanipatna vide his letter No.11803/Agril dt.23.11.2023 has filed  the enquiry report conducted on the grievance of the complainant which contended their findings that, complainant insured his cultivated land measuring an area of 1.0927 hect. Under Khata No.133 of Village/Mouza :-Goipita  GP:- Thuapadar, P.s- Sadar Dist.-Kalhandi (which is recorded in the name of his father  Pandaba Juad) during Kharif 2022 paying premium of Rs.1491.45 and that, the complainant has submitted the required documents to insurance company for accepting his proposal within the time period during Kharif 2022 and that, the matter has been sent to
12. The OP 1/Union of India represented through Shri Kama R. Sharma Additional Commissioner (Credit) Govt. of Agriculture & Farmer Welfare,  Department of Agriculture and Farmer Welfare submits. He/Op 1 has admitted the fact of launching of PMFBY to mitigate the hardship of the farmers due to crop failure in the overall interest of the farming community . It is submitted that, the scheme is multi stacks holder scheme which involved GoI, State Government, Insurance Company, banks and Common Service Center who  involved in the execution of the said crop insurance scheme(PMFBY). Each stake holder has clear cut roles and responsibilities as outline in the guideline. The UOI has no role in undertaking insurance and settlement of claim as per the provision of the PMFBY scheme. The State government which intends to implement the scheme notifies the scheme and selects the insurance company .The petitioner can approach the grievance redressal mechanism of the state government for the resolution as per the provision of the scheme (PMFBY). It is further contended that, there is no negligence, deficiency in service or any role of UOI in this regard. Hence, this complaint is not maintainable against the UoI/Op 1.
13. 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 did not choose to appear and reply the grievance of the complainant though notice through registered post is properly served is a matter of concern.
14. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of the rival parties.
15. 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?
16. During hearing of the case 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  there placed on the record 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.
17. The facts not in dispute in this case are  that, the complainant is an SB account holder of the OP 5/Bank of India, 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.0401212200102044547 dt. 09.07.2022 as Annexure- 1.
18. 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. Here 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 /Bank rather the complainant has submitted his “opt out” form for revamped PMFBY/RWBCIS on dt./15.07.2022 to the Bank/OP5 remains unchallenged. 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.
19. 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. 09.07.2022 vide Annexure- 1 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.
20. Para 17 of revised PMFBY  casts a duty on the Bank that, the Bank are required to upload the details of insured farmers’ data mandatorily on the National Crop Insurance Portal . The concern branches of the Bank and Nodal Banks/DCCB in case of PACS will upload the details of the individual insured famer (Both Loanee & Non-Loanee) like farmers’ name, Fathers name ,Account Number, Aadhar Number ,Village ,Categories-Small & Marginal /SC,ST /Women insured area , details of insured land , insured crop(s) etc. as prescribed in online application on National Crop Insurance Portal and CBS integration mandate and submit the same within stipulated cut-off-date as per the seasonally discipline/The Banks /PACS must also ensure the premium amount is remitted to the concerned insurance company electronically within the stipulated time . Here in this case, there is no dispute that insurance premium is accepted by the insurer AIC/ OP 5.
21. Para 17.6.4 of the revised guideline  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.”
22. 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.”  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.”
23. The undisputed  Seasonality Discipline for Kharif 2022 placed on the record contended 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.
24. Here, in this case the facts that, the complainant has paid insurance premium of Rs.1491.45 for an area of 1.0927 Hect. and for sum assurance or Rs 7454.04/-and  it is successfully remitted to AIC/OP4 vide Money Receipt No. 0401212200102044547 on dt. 09.07.2022, 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 & Seasonality Discipline for Kharif 2022 as discussed above. Rather the contentions ANNEXURE -1 of the complainant petition remain unchallenged/unrebutted.
25. 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, AIC/OP4 has issued letter vide letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023 to the Government of Odisha 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 which clearly proved negligence on the part of  the AIC /OP4 .So also it is proved that, there the OP4/AIC has deliberately violate  the Seasonality Discipline formulated for Kharif 2022 under PMFBY certainly caused injuries to the complainant cannot be denied.
26. No cogent evidence is placed there on the record  by the AIC/OP 4 to proved or  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.133 of village Goipita , by inheritance from his father is arbitrarily ignored by the AIC/op 4.
27. No iota of evidence is adduced to hold that, the OP 4/AIC has ever taken any steps to get the said application of the complainant for crops insurance under PMFBY for Kharif crops 2022 approved by the Government of Odisha earliest for release of crop insurance benefit to the complainant or to have rejected earliest rather, sitting over the claim of the complainant for uncertain period of time is certain an unfair trade practice.
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 is neither accepted nor rejected as on date .No iota of evidence is placed on record to hold that, the AIC /OP 4 has ever taken any step to get approval for acceptance of application of the complainant/farmer rather 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 unfair trade practice of the OP4/AIC is clearly proved .
29. There is nothing pleaded or proved that, the complainant/insured farmer has misrepresented any fact or have played fraud to obtained crop insurance under PMFBY for loss of  paddy crop grown during Kharif 2022 and there is nothing fault  proved against the complainant, as such we are of the opinion that, the complainant is entitled for crop insurance benefit as claimed   in this complaint but not yet released by the insurer AIC  /Op 4 is an act of unfair trade practice & deficient in providing service on the part of Op 4/insurance company towards  the complainant for which  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 there on the record 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 as such the insurer AIC/op 4 is liable to compensate the complainant by way of releasing the insurance benefit to the complainant as claimed under PMFBY vide Money Receipt No.0401212200102044547 dt. 09.07.2022 as Annexure 1 with interest @9% from the date of filing of this complaint i.e. 05.10.2023 till its realization. The   financial hardship & mental agony suffered by the complainant cannot be assessed, however monetary compensation of not less than Rs 25,000/- payable by the OP4/AIC  to the complainant may compensate him  to some extent. We found no negligence & deficient on the part of other Ops. Hence it is ordered.

O R D E R

    This consumer complaint is allowed in part on contest against the OP 4/AIC  & dismissed against the other  Opp.Parties with the  following direction :-

1. The Agriculture  Insurance Company of India Ltd/ Opposite Party No. 4  is here by directed to release the  crops insurance benefit with respect to the application vide Money  Receipt No.0401212200102044547 dt. 09.07.2022 as Annexure 1 under Pradhan Mantri Fasala Bima Yojana (PMFBY) with interest @ 9% p.a from the date of filling of this complaint i.e. from dt.05.10.2023 till its realization and further directed to pay compensation of Rs 25,000/- as compensation towards financial hardship & mental agony which includes litigation cost to the compliant.
2. It is further directed to compliance 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 and the C.E.O of the AIC/Op 4 shall be liable to be prosecuted under penal provision of Section 72 of C.P. Act 2019 on his own cost.

Dictated & corrected by me.

        President.

                          I agree.

                                          Member.  

      Pronounced in open forum today on this 6^th March  2023 under 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