IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
MURSHIDABAD AT BERHAMPORE.
CASE No. CC /02/2015.
Date of Filing: 05.01.2015. Date of Final Order: 20.04.2016.
Complainant: 1. Smt. Kanan Bala Ghosh, W/O Late Dilip Kumar Ghosh, Vill &P.O. Junja,
P.S. Barawan, Dist. Murshidabad & 8-Others.
-Vs-
Opposite Party: The Branch Manager, Bangiyo Gramin Vikash Bank, Andi Branch, P.O. Andi,
P.S. Barwan, Dist. Murshidabad. Pin- 742168.
Present: Sri Anupam Bhattacharyya ………………….President.
Sri Samaresh Kumar Mitra …………………………..Member
Smt. Pranati Ali ……….……………….…………………. Member
FINAL ORDER
Sri Anupam Bhattacharyya, Presiding Member.
The instant complaint has been filed by the complainants u/s 12 of C. P. Act, 1986 praying for total compensation of Rs.3.60 lacs.
The complainants’ case, in brief, is in 2010 all the complaints K.C.C.(Krishan Credit Card) holders obtained loan from OP-Gramin Bank for cultivation of Boro/Aman Paddy. Unfortunately, due to hailstorm and draught all the crops yielded by the complainants got destroyed and as a result they could not repay the loans. The said crops loans were covered under Rashtriya Krishi Yojna(RKBY) /National agriculture Insurance Scheme(NAIS) to protect the interest of famers against loss of crops yielded caused by natural calamities. The complainants are entitled to receive the insured sum of money against the loss suffered by the complainants beyond their control.
The written version filed by OP-Bangiyo Gramin Vikash Bank , in brief, is that the hailstorm took place on 01.05.2011. The standing crops at the field for which loans were issued are insured through NAIS. As soon as the repayment period is over the insurance of the crops ceases. The repayment period includes the production as well as the harvesting period. The crops of the complainants were outside the purview of crop insurance as the date of hailstorm was on 01.05.2011 and for that there was no insurance coverage. The case is bad for defect of parties. The Insurance Co. is not a party to this case. In this case there is mis-utilization of fund. The complainants are not entitled to get any relief and for that the complainant is liable to be dismissed. Hence, the instant written version.
Considering the pleadings of both parties the following points have been raised for disposal of the case.
Points for consideration.
- Whether the case is maintainable in its present form in law?
- Whether the complainants have locus standi to file this instant case?
- Whether the case is barred by limitation?
- Whether the case hit the sec.34 of S.R. Act.
- Whether the case is barred by the principle of estoppels, waiver and acquiescence?
- Whether the complainants are entitled to get the relief as prayed for?
- To what other relief/reliefs the complainants are entitled to get?
Decision with Reasons
Point Nos. 1 to 7.
All the points are taken up together for the sake of convenience.
This complaint is for compensation for the loss of crops yield taking loan caused by hailstorm.
On the other hand the case of the OP is the hailstorm took place on 01.05.2011. The standing crops at the field for which loans were issued are insured through NAIS. As soon as the repayment period is over the insurance of the crops ceases. The repayment period includes the production as well as the harvesting period. The crops of the complainants were outside the purview of crop insurance as the date of hailstorm was on 01.05.2011 and for that there was no insurance coverage. The case is bad for defect of parties as the Insurance Co. is not a party to this case. In this case there is mis-utilization of fund.
In this case the complainants have not adduced any evidence-on-affidavit. At the time of final hearing they have not turned up. At the time of filing the case they have filed Xerox copies of some relevant documents.
Considering the provision of C.P. Act u/s 13(2)(C) without dismissing the case for default we have taken up the case for deciding the dispute on merit as they have already filed the Xerox copies of some relevant documents.
In this case 9 complainants together filed this case and they have filed Krishan Cards of all the complainants separately. They have filed copy of petition addressed to the B.D.O of the concerned Block claiming damages.
On the other hand, the Ld. Lawyer for the OP has advanced argument that the complainants have not cultivated their lands during the relevant period and for that the question of damage of crops by the alleged hailstorm does not arise.
Ld. lawyer has also advanced argument that the case is not maintainable as the Insurance Company is not made a party to this case and the damages are actually to be claimed against the Insurance Company.
From the written version of the OP Bank, it is clear that hailstorm took place on 01.05.11 and the loan taken by them for cultivation in the year 2010.
In this case, there is no specific certificate of the concerned Agricultural Officer of the concerned Block as to the damaged of crops of particular land cultivated by a particular complainant.
From the materials on record it is clear that the loan was taken for cultivation of Boro paddy . It is also clear that the claim is for damages of crops due to hailstorm and for that it is also clear that the said damages are to be compensated by the coverage realized from the Insurance Company. But, in this case, Insurance Company has not made to a party. For that Insurance Company is necessary party.
On the basis of above discussions and for the absence of cogent evidence as to the damages of crops produced by the complainants taking the loan, we have no other alternative but to hold that the complainants have failed to prove their case and for that they are not entitled to get any relief. Accordingly, the case be dismissed.
Hence,
Ordered
that the Consumer Complaint No. 02/2015 be and the same is dismissed on merit.
There will be no order as to cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
MEMBER MEMBER PRESIDENT.
