Chitra Mangaraaj ,S/O- Rameswar Mangaraj ,

      At: Tentulikhunti,PO-Thuapadar,P.S-Bhawanipatna.

      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, At/po/ps:- Bhawanipatna, Dist-Kalahandi,(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 Utkala Grameen Bank ,Evening Branch ,Bhawanipatna. At/Po/Ps-Bhawanipatna,Dist-Kalahandi, Odisha.
6. Dhanurjaya Bag,Digital Wave Computer, At-Tentulikhunti,Op- Thupadar,Dist-Kalahandi Odisha.                                                                   

                                                               …….Opps Parties

Counsel for :-

For the Complainant:  Self ,  For the O.P 1, 3 & 5 : Self

          For the O.P 2 & 6 :- Not appeared ,

          For the O.P 4: :  Shri P.K.Bhoi,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) 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 for the loss of paddy crop grown in Kharif 2022 and further pray for an award of compensation towards mental agony and 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. During Kharif 2022 he had cultivated paddy crop over his agriculture land vide  Plot No.43, 40 and 48 measuring an areas of  1.1372 Hect recorded under Khatian /ROR No 190 of village /Mouza Dangri Padar,GP-Thuapadar ,PS-Bhawanipatna ,Dist Kalahandi and got it insured with Agriculture  Insurance Company of India Ltd /OP 4 paying premium of Rs.1,552.23/- for sum assured of Rs.77611.84/- under money receive No. 040121220010971362 dt.23/7/2022 to AIC/op 4 .He had  also  insured  paddy crop during Kharif 2022 cultivated over his another agriculture land vide  Plot No.44 under same Khatian /ROR No 190 of village /Mouza Dangri Padar ,PS-Bhawanipatna ,Dist Kalahandi paying premium of Rs.944.59/- for sum assured of Rs.47229.68/- under premium paid money receive No. 0401212200115909406 dt.30/7/2022 to AIC/op4. The Premium was paid  through his village CSC/OP 6. It is contended that, the complainant has submitted required documents and have collected the above said money receipt as a token of successful payment of insurance premium to the Agriculture Insurance Company of India Ltd./OP 4. It is further submitted that, said crop grown in Kharif 2022 got damaged due to low rain fall for which Government of Odisha has declared 24.27 % loss of paddy crop during Kharif year 2022 in the locality/GP of the complainant, however no claim of the complainant is settled by Agriculture Insurance Company of India Ltd./OP 4 even after several approaches to the concern authorities though co-farmers have already been received their insurance benefits. Hence, this complaint.
4. To substantiate his claim the complainant has filed the self attested true copy of Money Receipt  No. 040121220010971362 dt.23/7/2022 vide Annexure 1 and Money Receipt No.0401212200115909406 dt.30/7/2022 Annexure -2 Copy of ROR vide Khata No 190 of village  Dangri Padar ,PS-Bhawanipatna ,Dist- Kalahandi vide Annexure-3,.Copy of self declaration affidavit meant for non-lonee farmers dt.05.07.2018 vide Annexure -4,  , Copy of SB Account No. 12207012492 there with the UGB ,Bhawanipatna /OP5 vide Annexure-5, Copy of Aadhar Card of the complainant vide Annexure-6.
5. On being notice, the Op No 1(one), Op 3(three) ,Op  4(four) and OP 5(five) appeared and filed their respective written version. The OP 2 and Op 6 did not appear though notice through registered post is properly served.
6. The OP 1/Union of India through its authorized representative filed their written version admits prevailing PMFBY and  states  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.
7. 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 .
8. 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 further 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 get 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).   
9. The Op 5  /UGB, Evening Branch ,Bhawanipatna filed their written version denying it liabilities as no insurance premium under PMFBY  is remitted through their Bank. However, it is not disputed the facts that, the complainant has SB A/c No.12207012492 maintained with UGB, Evening Branch, Bhawanipatna. It is further submitted that, no crop insurance benefit is deposit in respect of crop loss from any insurance company in favour of the complainant.  
10. To substantiate their pleading the OP 5/UGB. Bhawanipatna has filed the account statements vide A/c No.0000012207012492 there in the name of the complainant for the period of 01.07.2022 to 31.12.2023 is taken in to consideration.
11. 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 2021 and whether the Ops have neglected & deficient in service to settled the insurance claim of the complainant?
12. Heard. Perused the material available on record. We have our thoughtful consideration on the submission of rival parties present.
13. Here, in this case the facts that, the complainant has paid premium vide Money Receipt  No. 040121220010971362 dt.23/7/2022 vide Annexure 1 and Money Receipt  No. 0401212200115909406 dt.30/7/2022 Annexure -2 towards  insurance of paddy (dhan) crops grown over agriculture land under  ROR No 190 of village /Mouza Dangri Padar ,GP-Thuapadar,  PS-Bhawanipatna ,Dist Kalahandi through CSC/OP6 under Non-loanee category  is not disputed. The acknowledgement of premium receipt vides Annexure-1 & 2 of the complaint petition placed on record remain unchallenged/un-rebutted.
14. During hearing of this case the complainant has filed additional affidavit evidence and proved the contentions of his complaint petition remain un rebutted.
15. 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.
16. Learned Counsel AIC/Op 4 draws our attention on the revised guideline of PMFBY and Seasonality Discipline for Kharif 2022 .
17. 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 the facts that, the complainant has paid insurance premium and  it is successfully remitted to AIC/OP4 and that, insurance premium is accepted by the insurer AIC/ OP 4 is not disputed.
18. 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.”
19. 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.”
20. The Seasonality Discipline for Kharif 2022 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.
21. 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 i.e within 30 days or has ever notified earlier intimating the facts that , application of the complainant for crops insurance under PMFBY 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.
22. Nothing materials placed on the record to hold that, AIC/OP 4 has ever asked  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 under Seasonality Discipline for Kharif 2022 .
23. The OP 4/AIC has issued letter vide letter :REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023 to the Government of Odisha on  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 proved that,  the OP4/AIC has deliberately violate  the Seasonality Discipline formulated for Kharif 2022 under PMFBY certainly debarred the complainant to get insured of his crops under the beneficial scheme of PMFBY caused injuries to the complainant cannot be denied.
24. 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 & 2 was  incomplete rather, the declaration of the complainant uploaded by the CSC/OP 6 containing the facts that, the complainant has grown paddy crops over the plot NO 43,43,44,48,  under Khata No.190 of village Dungripadar ,GP-Thuapadar  recorded in his  father and the affidavit submits by the complainant in this regard is  arbitrarily ignored by the AIC/op 4.
25. 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 .
26. It is not disputed that, the State of Odisha / OP 2 has notified the scheme for implementation and have select the insurance company/OP4.  The insurance Company  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). However State of Odisha / OP 2 is sitting over the Letter REF:AIC:PMFBY:KH-22:690:2023 dt.22.03.2023 of the AIC/OP4 is a matter of concern .
27. 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 this Commission is  of the opinion that, the complainant is entitled for crop insurance benefit @ 24.27 % of sum assured Rs 77611.84 and further  @ 24.27 % of sum assured Rs 47229.68 under Annexure 1 &  Annexure -2 of the complaint petition i.e Rs 18,836.39/ & Rs 11,462.64/- respectively but not yet released by the insurer AIC  /Op 4 is clearly proved  an act of unfair trade practice & deficient in providing service there on the part of Op 4/insurance company towards  the complainant accordingly we are of the opinion that , there is sufficient cause  to brought this complainant and it is filled on  time   well maintainable under C.P .Act 2019 before this Commission .
28. 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)  as such the insurer AIC/op 4(four)  is liable to compensate the complainant by way of releasing the of aforesaid insurance benefit of Rs. 30,299/- to the complainant with interest @ 9% from the date of filing of this complaint i.e. 21/11/2023 till its realization. Further the State of Odisha /OP2 is to ensure release of crops insurance benefit there under PMFBY to the insured farmer/complainant for loss of paddy crops grown during Kharif 2022 . 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 AIC / OP 4(four)  & State of Odisha/OP2 and  dismissed against the other  Opp.Parties with the  following direction :- The Agriculture  Insurance Company of India Ltd/ Opposite Party No. 4 (four)  is here by directed to pay  Rs. Rs. 30,299/- 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.The  State of Odisha /OP2 is to ensure release of afore said  insurance benefit to the insured farmer/complainant.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.

I agree.

Pronounced in open Commission today on this 29^th May2024 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.