Date of filing:- 20/10/2022.
Date of Order:-26/02/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 37 of 2022.
Ashok Kumar Panda, S/o Bipin Panda, aged about 56(fifty six) years, R/o village and Po. Burda, Ps/Tahasil. Bheden, Dist. Bargarh. ..... ..... .... Complainant.
-: V e r s u s :-
- The Branch Manager, S.D.C.C. Bank Ltd., Bheden Branch, Bheden, At/Po/Ps. Bheden, Dist. Bargarh.
- The Manager, H.D.F.C. ERGO Insurance Company Ltd, J-7, Pal Heights 3rd Floor Jayadev Vihar, Bhubaneswar, Odisha-751013.
- The B.M., H.D.F.C. ERGO Insurance Company Ltd., Bargarh 165 Super Market Complex, Near RTO Office, Bargarh, Po/Ps/Dist. Bargarh-768028. ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M.K.Satapathy, Advocate with associates.
For the Opposite Party No.1(one):- Smt. M.Mishra, Advocate.
For the Opposite Party No.2(two)
and Opposite Party No.3(three):- Sri A.K.Dash, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.26/02/2024. -: J U D G E M E N T:-
Presented by Smt. Jigeesha Mishra, President:-
1) The case of the Complainant is that the Complainant had obtained a crop loan through KCC from the Bank/Opposite Party No.1(one). He is operating his transactions with the Opposite Party No.1(one) through the Account No. 031053007595. The Govt. of India has implemented Pradhan Mantri Fasal Bima Yojana (PMFBY) for paddy crop interalia other crops and the scheme is aimed at providing financial security to the farmers by mitigating their losses in the time of distress. The Opposite Party No.2(two) and No.3(three) are the official of insurance company who have undertaken the job of agricultural insurance throughout India including in the district of Bargarh. The Complainant has availed crop loan for an amount of Rs. 80,000/-(Rupees eighty thousand)only from the Opposite Party No.1(one) and Opposite Party No.1(one) as per the guideline debited Rs. 2,314/-(Rupees two thousand three hundred fourteen)only from the account of the Complainant towards premium for crop insurance for the Kharif-2021 season crop. The Complainant had cultivated paddy crops over his Ac 3.75 decs of plot No. 546 and 248 of Khata No. 241 cultivated land of Mouza Burda. Due to adverse weather condition the crops so cultivated by the Complainant got completely damaged and the Government after observing all paraphernalia and technicalities have declared crop damage of 33%(thirty three percent) under Bheden Block i.e. the area of cultivation of the Complainant for Kharif-2021 in respect of paddy crop. The Complainant learnt from fellow farmers in the last part of May-2022 that the Opposite Party No.1(one) is disbursing crop insurance compensation amount to farmers having their account the Opposite Party No.1(one) whose crop Insurance premium have been debited. The Complainant approached the Opposite Party No.1(one) to disburse the crop insurance compensation amount and to credit the same in his account. But the Opposite Party No.1(one) deferred the same on different pretext and ultimately refused to make payment of crop insurance compensation on the ground that the borrower (Complainant) has not approached the Bank with proof of crop loss for settlement of the claim. The Complainant has no role to ply to provide proof of crop loss for settlement of the insurance claim and it is the responsibility of the Govt. to enquire and assess the crop loss in the area of the Gram Panchayat. The demand of the Opposite Party No.1(one) to furnish proof of crop loss by the Complainant amounts to deficiency in service and unfair trade practice. Hence the Complainant filed this case before this Commission.
2) The case of the Opposite Parties is that the Opposite Party No.1(one) the Branch Manager, S.D.C.C. Bank Ltd, Bheden Branch and Opposite Party No.2(two) and No.3(three) H.D.F.C. ERGO Insurance Company Ltd. filed their versions. The Opposite Party No.1(one) submitted that the Complainant has availed loan of Rs. 80,000/-(Rupees eighty thousand)only from the Remunda PACS HO and deposited Rs. 2,314.70/-(Rupees two thousand three hundred fourteen and seventy paise)only crop for 1.58 hectare of land for Rs. 1,15,735/-(Rupees one lakh fifteen thousand seven hundred thirty five)only during Kharif-2021. As per guideline of the Government the Secretary, Remunda PACS Ltd. submitted the proposal of 1119(one thousand one hundred nineteen) farmers depositing Rs. 16,62,980.10/-(Rupees sixteen lakh sixty two thousand nine hundred eighty and ten paise)only 152(one hundred fifty two) farmers for Rs. 5,98,393.90/-(Rupees five lakh ninety eight thousand three hundred ninety three and ninety paise)only total Rs. 22,61,374/-(Rupees twenty two lakh sixty one thousand three hundred seventy four)only vide letter No. 209 dated 31-07-2021 including the Complainant and the said insurance amount has been remitted to the Opposite Party No.2(two) and No.3(three) in time. Hence there is no any deficiency in service on the part of the Opposite Party No.1(one).
The Opposite Party No.2(two) submitted that as the coverage details of the Complainant farmer against application IDS bearing numbers 040121211061998614901, 040121211061479524301 and 040121211061479524302, the actual yield of paddy crop has been greater than the Threshold Yield and hence no claim stands payable against the respective Application IDS. Hence there is no deficiency on the part of the Opposite Party No.2(two).
3) After perusal of complaint petition, version and documents filed by the parties following issues are framed:-
Issues
- Whether the Opposite Parties are deficient in service ?
- Whether the Complainant is entitled to get relief ?
Issue No.1(one)
As per document, the Opposite Party No.1(one) remitted premium to the insurance company. The Opposite Party No.1(one) has performed its duty perfectly. The Opposite Party No.2(two) and No.3(three) submitted that the actual yield in Burda Gram Panchayat under Bheden Block is 3094 which is greater than threshold yield which is 3013.55152. As per documents filed by insurance company the yield rate in Bakti Gram Panchayat is 30.94. Burda comes under Bakti Gram Panchayat. There is no damage under Bakti Gram Panchayat. The Complainant has not filed any documents regarding crop loss. When there is no crop loss, the insurance company can not be held liable. The issue is answered accordingly.
Issue No.2(two)
There is no deficiency in service on the part of the Opposite Parties. Hence the Complainant is not entitled for any relief.
As per supra discussion the following order is passed:-
O R D E R
4) The complaint is dismissed against Opposite Party No.1(one) and Opposite Party No.2(two) and Opposite Party No.3(three).
Order pronounced in the open court on 26thday of February 2024.
Supply free copies to the Parties.
Typed to my dictation
and corrected by me.
I agree, ( Smt.Jigeesha Mishra)
P r e s i d e n t.
(Smt. Anju Agrawal)
M e m b e r(w).
