The case record is posted today for hearing. Both the complainant and Advocate for O.P is present and files hazira. Heard the matter from both the sides. Perused the complaint petition so also the written version filed by the O.P.
2. It reveals from the complaint petition that the complainant is a handicap senior citizen, a KCC holder under the OP having SB Account No.416301000004314. He, being a small farmer, deposited a sum of Rs.63,000/- in his KCC SB Account on 03.08.2019, but the O.P has not yet supplied any KCC Loan Pass Book to him. In the said year, all the small farmers of his Gram panchayat were given 63% subsidy for the loss of crops. But, the O.P did not forwarded his name for such subsidy to the insurance company, for which he sustained a financial loss of Rs.39,390/- and now he is not able to pay the dues of the O.P. In the aforesaid premises, the complainant was constrained to file the case.
3. O.P made his appearance and filed written version. The O.P has stated, inter alia, that as per the guideline of Govt. of Odisha vide Resolution No.3137, dated 25.05.2019 of PMFBY implemented during Kharif 2019 and Rabi 2019-2020 crop season, the cutoff date for receipt of applications of farmers/ debit of premium from farmers account by all stake holders including Banks/ PACS/ CSC/ Insurance Agency/ online enrolment by farmers was 31.07.2019 and the declaration of preventing sawing was 16.08.2019 was strictly within 15 days from the cutoff date of enrolment, but the complainant had renewed on 03.08.2019, which is after the cutoff date, for which his case was not considered by the crop insurance. Therefore, the complainant has filed the case without any just and reasonable grounds with a view to harass the Bank.
4. Perused the documents filed by both the parties. It is seen that the complainant has availed crop loan of Rs.63,000/- from the O.P-Bank and has not yet repaid the outstanding dues on the ground that the O.P-Bank has not forwarded his name to the Insurance Company for getting the subsidy declared by the Government of Odisha under PMFBY Scheme, for which he sustained a financial loss. On the other hand, it is seen from the guidelines mentioned in the Resolution No.3137 dated 25.05.2019 of Govt. of Odisha in Cooperation Department that cut-off date was fixed by 31.07.2019 for online enrolment by the farmers. But as it appears from the case record, the complainant has enrolled himself through online by the cut-off date. Therefore, his case has not been taken into consideration. In the above scenario, it is found that the O.P has no role to ply in the matter. Thus, the O.P cannot be held guilty for deficiency in service. On the other hand, the complainant has filed an application before this Commission today with a prayer that his Pass Book may be unlocked, to release his KCC, to exempt the interest on the principal amount of Rs.63,000/- for three years, to extent crop loan for the year 2023-2024 and to permit him to pay the principal loan amount in three instalments. Advocate for the O.P conceded the prayer of the complainant.
Hence, it is ordered –
O R D E R
The case of the complainant be and the same is allowed on contest against the O.P with the following directions:-
- The complainant is directed to pay principal amount of Rs.63,000/- in two equal instalments. First instalment shall be paid within seven days of receipt of this order and the second instalment shall be paid within 25 days from the date of payment of first instalment.
- The OP is directed to reconsider the interest aspect, if possible and to unlock the Account of the complainant on the date of receipt of first instalment with a condition that in case the complainant failed to pay the second instalment, the OP is at liberty to freeze/ lock the Account.
- The OP is directed to release the KCC of the complainant and facilitate the complainant to receive all the Govt. benefits, if available.
No order as to cost.
Pronounced in the open Court of this Commission on this day i.e. the 04th day of December, 2023.
