Date of filing:- 12/02/2020.
Date of Order/Judgement:-20/03/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 18 of 2020.
Janardan Pradhan, S/o. Manglu Pradhan, aged about 58 Years, Occupation. Cultivation, R/o. Chakulifarm, Po. Larasara, Ps/Block. Attabira, Dist. Bargarh.
Complainant.
V e r s u s
Branch Manager, Utkal Grameen Bank, Godbhaga, Po. Godbhaga, Ps/Block. Attabira, Dist. Bargarh, Odisha 768111.
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K. Panda and Associates.
For the Opposite Party:- :- Sri Birakishor Mahapatra with Associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.20/03/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member (w):-
- The case of the Complainant is that the Complainant has obtained a crop loan from the Bank/Opposite party and operating his transactions with Opposite Party vide KCC Account No. 84023555622 and has been taking seasonal agricultural loan regularly on every six months for both Rabi and Kharif crops and for financial security taking benefits under Pradhan Mantri Fasal Bima Yojana (PMFBY) for paddy crops interalia other crops. As per PMFBY Scheme all loane farmers are compulsorily covered under the scheme. That, the Complainant has availed crop loan from an amount of Rs. 90,000/-(Rupees ninety thousand)only from Dt. 03/06/2017 for kharif 2017.
Due to attack of Chakda the Govt. declared 43.8% crop damage in Godbhaga Gram panchayat under Attabira Block. The Complainant came to knew that after declaration most of the farmers got their compensation, but the Complainant did not get the compensation amount the Complainant is entitled to get so, the Complainant Rs.39,420/-(Rupees thirty nine thousand four hundred twenty)only as Compensation amount made a written Complaint on Dt. 17/09/2018 and Dt.31/01/2019 before the Opposite party requesting to reimburse the Compensation amount. The Complainant on Dt. 03/03/2019, made a grievance before the higher authority i.e. the Regional Manager, Utkal Grameen Bank, Sambalpur. The Regional Manager, replied in this context that due to non submission of Aadhar card at the time of renewal of KCC Loan, the Complainant is not eligible for benefit of Kharif but the Complainant is entitled for Rabi crop and hence the amount is settled for Rabi crop. As per section 3 (II) and section 6 (3.3) of PMFBY, the Banks not ensure that they debit farmers premium within 15 days from sanction/renewal of KCC/ Crop loan, failing which banks will be liable to meet the claim liabilities of eligible farmers. But the Opposite party deferred the same on different pretext and ultimately refunded to make payment.
Being aggrieved, the Complainant sought redressal before this Commission.
- The Case of the Opposite party, Branch Manager, Utkal Grameen Bank, Godbhaga in its version submitted that the Complainant is a loanee farmer having KCC account No. 8402355622 in the Bank of the Opposite party and that he has been taking seasonal agricultural loan regularly on every Six month for both Rabi and Kharif crop by renewing the account on payment of the principal and interest are true but not complete. That as per PMFBY guideline, the Opposite party is supposed to have remitted the premium amount to Insurance Company and that the Complainant is the Consumer of Opposite Party is denied. The govt. declared 43.8% in Godbhaga G.P. under Attabira Block for Kharif 2017 is not known, that the Complainant has not submitted the Aadhar card at the time of renewal of his KCC loan the Complainant is not eligible for the insurance benefit of kharif crop under PMFBY Scheme.
There is no deficiency in service on the part of Opposite party, the case is to be dismissed.
- Perused the documents filed by the Complainants and following issues are framed:-
ISSUES:- - Whether the Complainant is a Consumer of the Opposite party ?
- Whether the Opposite party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1 The Complainant is having a KCC Account No. 84023555622 with the Opposite Party Utkal Grameen Bank, Godbhaga and availed loan amounting to Rs.90,000/-(Rupees ninety thousand)only on Dt. 03/06/2017 for the Kharif season 2017. Accordingly the Complainant is a consumer of Opposite party No.1 as a lonee farmer. Issue No.2 During kharif 2017, the Opposite party/bank granted loan amount of Rs. 90,000/-(Rupees ninety thousand)only on Dt. 03/06/2017. On dt. 30/12/2017 the Opposite Party deducted premium for Rabi Insurance, 2017 but the Opposite denied to give Compensation for kharif 2017 due to non submission of Aadhar card. In the proposal the govt. declared 43.8% crop damage in Godbhaga G.P. under Attabira Block of kharif 2017. In Order to get the insurance benefit. There is a condition in PMFBY is that in All banks have to compulsorily take Aadhar/Aadhar enrolment number as per notification under Aadhar Act before sanction of crop loan/KCC under Inserts subvention Scheme. So, it is the duty of Opposite Party to Compulsorily take Aadhar number before sanction of crop loan. The loan is granted by Opposite Party and the said land documents was Opposite Party/Bank, So the Opposite Party/Bank is responsible for non-uploading the premium. For the same year i.e. 2017, the Complainant was insured for Rabi and kharif, so if the Complainant has got benefit or Rabi and automatically the Complainants will get benefits under kharif 2017. There is no evidence on record that the Opposite Party has communicated to the Complainant for submission of Aadhar card. Due to non settlement of claim, the Complainant is harassed and could not get the benefits in time like other farmers of the locality. The issue is answered in favour of the Complainant. Issue No.3 As discussed supra, the Complainant is entitled for the relief claimed. The Opposite Party is deficient in its service for non settlement of the claim. O R D E R The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to pay insurance claim of Rs. 39,420/-(Rupees thirty nine thousand four hundred twenty)only to the Complainant with 9% interest P.A. w.e.f. from 17/09/2018 within one month, (failing which the entire amount will carry 12% intrest P.A. till realization.)Further the Opposite party is directed to pay Rs. 20,000/-(Rupees twenty thousand)only for mental harassment and Rs.5000/-(Rupees five thousand)only towards litigation cost. | | |
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Order pronounced in open court on 20th day of March 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Anju Agarwal)
Dt.20/03/2023 Dt.20/03/2023.
P r e s i d e n t M e m b e r (w)
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