Orissa

Nuapada

CC/06/2013

Khagapati Meher - Complainant(s)

Versus

Branch Manager, State Bank of India, Sinapali - Opp.Party(s)

A.K.Bag

06 Mar 2014

ORDER

The petitioner has filed the petition U/s 12 © of the Consumer Protection Act,1986.

Brief facts of the case is that, the Complainant namely Khagapati Meher has insured his Kharif Crop in the year 2011 under the Rashtriya Krishi Bima Yojana (RKBY) and deposited Rs. 2,973/- (Rupees Two thousand nine hundred and seventy three) only towards Premium at Sinapali S.B.I. Branch on dated 26.08.2011 as a non-loanee farmer and claimed 150% damages during the Kharif year 2011 as per the declaration of the State Government. The Gram Panchayat is the Unit for calculation of loss and damages in the locality for the crop of Paddy in the Kharif Season of 2011. The complainant claimed Rs. 70,000/- (Rupees seventy thousand) only for his crop damaged due to drought in the locality. The Odisha Government has declared drought in this season accordingly the Crop Insurance Scheme for compensation of the claims for damaged were paid to loanee and non-loanee farmer by the O.P. No. 1 Agriculture Insurance Company Ltd., through the Nodal Bank S..B.I. Bhawanipatna and distribute the compensation claims to farmer by the local collecting branch i.e. State Bank of India, Sinapali Branch who collect the proposal forms during the Kharif Crop season 2011 before cut off date declared by the O.P. No. 2 Agriculture Insurance Company.

The petitioner / complainant has paid by deducting in this case Rs. 2,973/- (Rupees two thousand nine hundred and seventy three) only from his account of S.B.I. Sinapali Branch and not produced any document relating to crop damages cultivable land which was insured for the crop of Paddy and directly claimed Rs. . 70,000/- (Rupees seventy thousand) only for loss and damages and Rs. 20,000/- (Rupees twenty thousand) only for mental agony and harassment and Rs. 5,000/- (Rupees five thousand) only towards cost of litigation, total Rs. 95,000/-(Rupees ninety five thousand) only claimed by the petitioner for the compensation of insured Kharif Crop. The Hon’ble Forum can not decided without any basis like Insured Land Records, percentage of Premium except the premium paid in the S.B.I. Sinapali Branch.

The O.P. No. 1 stated that in his Show cause that State Bank of India, Sinapali Branch has received the proposal forms and premium from the loanee and non-loanee farmers for the insured crops without settling their claims of the locality and the present petitioner of this case and he is not liable, if liable then it is O.P. No. 2 liable. Hence the case is dismissed against him.

The O.P. No.2 stated that in his Show cause, accordingly to the Nodal Branch of State Bank of India,Bhawaniptna, I have paid the insured amount to the O.P. No.1 through Nodal Bank, for which he is not liable in any way if liable then he is the O.P. No. 1 is liable. Hence this case is dismissed against him.

I S S U E S.

1. Whether the petitioner has filed any affidavit, document relating to payment of insured crop of the area as per his premium or not ?

 

2. Whether the O.P. No. 1 the Nodal Bank who received the proposal forms from the farmers and received the claim amount from O.P. No. 2 or not as per their premium paid ?

 

3. Whether the determination of the claim amount as per the declaration of State Govt. for the loss of crops in the year 2011 is settled by the loanee and non-loanee farmers by the O.P. No. 1 or not ?

 

4. What relief the petitioner entitled to ?

ISSUE No. 1:-

The petitioner has not filed any affidavit and document relating to payment of the insured amount for the insured crops of the village even the petitioner has not filed the affidavit relating to payment received from the Nodal Bank as per the premium.

ISSUE No. 2:-

The O.P. No. 1 has insured the crops and accepted the proposal forms from the loanee and non- loanee farmers / cultivator without settling their insured claims harassed the farmers of the locality without any payment. The O.P. No. 1 has to implement the agriculture insurance scheme regarding claims payment of the cultivators and insured the amount as per unit area wise notification issued by the Govt. of Odisha and for that the Nodal Bank S.B.I. Bhawanipatna and the proposal receiving Branch S.B.I. Sinapali has to settled the claims of the agricultural insurance scheme in the Kharif season 2011. However, the implementing agency has receipt all information regarding total area of claims premium, unit village etc.

The O.P. No. 2 Agriculture Insurance Company has paid the claims as per the proposal sent by the Nodal Bank (O.P.No.2) Rs. 2,60,76,237/- towards claims settlement of insured crops. The O.P. No. 1 was admitting the facts about the payment, without settling the insurance claims as per the records and premium received and declaration of percentage of drought as per notification of Govt. of Odisha in the year 2011.

ISSUE No. 3 & 4.:-

The Issue No. 3 & 4 passed jointly. The determination / settlement of claim of the petitioner to be settled by the O.P. No. 1 (S.B.I. Sinapali Branch) for the Kharif season 2011. The O.P. No. 1 has not stated the amount of claim paid by him to the petitioner in this case. O R D E R.

Perused the case record after hearing and arguments of both the opposite parties alongwith their relating documents, the Hon’ble Forum has decided the case is that the O.P. No. 1 Branch Manager, S.B.I. Sinapali Branch has to settled the claim of the petitioner in this case for the insured crops of Kharif 2011, as per their premium paid by the petitioner within cut off period as per the declaration by the State Government in his notification for the locality, the O.P. No. 2 (Agriculture Insurance Company Paid the insured amount for the kharif season 2011 to the O.P. No. 1 (S.B.I. Sinapali).

The Hon’ble Forum has directed to the O.P.No.1 to settled the claim amount of the petitioner as per his document and pay the compensation as per the petition filed by him along with proposal forms and relating documents filed in your Bank within the 2 (two) months from the date of receipt the order of the Hon’ble Forum, failing which the O.P. No. 1 is liable to compensate the insured amount claimed by the petitioner i.e Rs.70,000/-( Rupees Seventy thousand) only, alongwith Rs. 5,000/-( Rupees Five thousand) only for harassment and mental agony and 6% interest per annum will be calculated from the date of receipt this order .

Further it is directed to both the Opp. parties to comply the order and intimate the same to the Hon’ble Forum .

Order passed without any cost and the case is disposed off accordingly.

Judgement pronounced in the Open Court of the District Consumer Disputes Redressal Forum, Nuapada, this the 6^th day of March 2014.