Date of filing:-29/05/2020. Date of Order/Judgement:-22/08/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 43 OF 2020
Sri Jogindra Bhoi, S/o late Pravakara Bhoi,, aged about 70(Seventy) years, R/o Village Jhakarpali, Ps. Bargarh Sadar, Dist. Bargarh (Odisha).
Complainant.
-: V e r s u s :-
(1) The Branch Manager, UCO Bank, Bargarh, At/Po/Ps/Dist. Bargarh (Orissa)
(2) Oriental Insurance Company Ltd, Sambalpur through its Divisional Manager, At VSS Marg,
Sambalpur,Ps/Dist.Sambalpur. Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri D. Acharya, Advocate with Associates.
For the Opposite Party No.1:- :- Sri Ashwini Kumar Dash, Advocate with Associates.
For the Opposite Party No. 2 :- :- Sri P.K. Mahapatra, Advocate 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.22/08/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The case of the Complainant is that the Complainant had obtained a crop loan from Opposite Party No.1 UCO Bank, Bargarh Branch and operating his loan transactions vide A/c No. 06380100008610 and for financial security taking benefits under Pradhan Mantri Fasal Bima Yojana (PMFBY) for paddy crops interalia other crops. The Opposite Party No.2 is the insurance Company which has undertaken the agicultural insurance for Kharif 2018 and as per the scheme the Opposite Party No.1 as nodal Bank has to collect the premium and remit it to the insurance company. The loanee farmers are compulsorily covered under the scheme. The Complainant has insured his Ac 3.00 dec of land for Kharif 2018 and paid Rs. 1600/-(Rupees one thousand six hundred)only towards premium on Dt. 11/07/2018 through his account. After deduction the Opposite Party No.1 is to remit the amount to Opposite Party No.2. For adverse weather condition the govt. declared 57% of crop damage in Chakarkend G.P and the Complainant is entitled to get Rs. 34,200/-(Rupees thirty four thousand two hundred)only per hectre totaling Rs. 41,040/-(Rupees forty one thousand forty)only from the Opposite Parties.
During last part of October 2019 the Complainant learnt that the fellow farmers got the Compensation, approached the Opposite party No.1 but the Opposite Party No.1 deferred the same on different pretext and ultimately refused to make payment. Being harassed the Complainant sought redressal before this Commission.
- The Opposite Party No.1 UCO Bank, Bargarh Branch in its version submitted that the Complainant had insured his paddy crop enter Ac 3.00 dec of land for Kharif 2018 and had deposited Rs. 1600/-(Rupees one thousand six hundred)only on 11/07/2018 as premium under PMFBY scheme. The Govt. declared 57% crop damage in Chakarkend G.P under Bargarh block for Kharif 2018 is not known and hence denied. The Complainant is entitled to get Rs. 41,040/-(Rupees forty one thousand forty)only as compensation is denied. The Opposite Party No.1 denied its liability. The Opposite Party No.1 has duly remitted the premium of Rs. 1600/-(Rupees one thousand six hundred)only of the Complainant towards his crop insurance premium to Opposite Party No.2 on Dt. 07/08/2018. The Opposite Party No.1 after receipt of notice came to know about the grievance of the Complainant. The Opposite Party No.1 approached the Opposite Party No.2 on Dt. 03/08/2020. The Opposite Party No.1 had deposited the premium amount of the Complainant along with other farmers amounting to Rs.72,860/-(Rupees seventy two thousand eight hundred sixty)only in the account of the Opposite Party No.2 bearing A/c. 04951132000342 in the Oriental Bank of Commerce of Bhubaneswar IFSC Code No. ORBC0100495 vide UTR No. UCBAH. 18219625612 dated 07/08/2018. The Opposite Party No.2 is liable to pay the Compensation. There is no deficiency in service on the part of the OP No.1 and the Complaint is liable to be dismissed.
- The Opposite Party No.2 Oriental Insurance Co.Ltd in its version submitted that the Complainant cannot be termed as a Consumer. The Opposite Party No.1 is operating loan transactions with Complainant through the loan passbook Account No. 06380100008610 is not within the knowledge of Opposite Party No.2 and hence denied. It is further submitted by Opposite Party No.2 that the Complainant his not deliberately mentioned in the Complaint the detail particulars of the land, like plot number Khata number, Mouza and G.P. The Opposite Party is not liable for the Compensation. The Banks are authorized to upload the insured farmers data mandatorily on the National Crop Insurance Portal (NCIP) and no other platform shall be used for uploading of details on portal. The Concerned intermediary is responsible for payment of claims.
The Complainant was insured under Gobindpur Gram Panchayat in Bargarh Block for 1.28000 hector of land for the sum insured amount of Rs. 80,000/-(Rupees eighty thousand)only and not under Chakarkend G.P. in Bargarh Block. There was no crop loss in Gobindpur G.P. for Kharif 2018 and hence farmers insured under Gobindpur G.P are not eligible for claim.
The Opposite Party No.2 is not responsible for the claim. The Opposite Party No.2 is not deficient in its service nor committed any unfair trade practice. Accordingly, the Complaint to be dismissed.
- Perused the documents filed by the parties and following issues are framed:-
Issues:-
1. Is the Complainant not a Consumer of Opposite Parties.
2. Whether the Complainant is entitled for the claim for deficiency in service.
3. What relief the Complainant is entitled for.
Issue No.1.
The Complainant is having a loan A/c bearing No. 06380100008610 with the Opposite Party No.1 UCO Bank, Bargarh Branch and avoiled loan during Kharif 2018 for his land Ac. 3.00 dec (1.28 hect). The Opposite Party No.1 on 11/07/2018 deducted an amount of Rs. 1,600/-(Rupees one thousand six hundred)only from the Complainant towards Kharif 2018 premium. The Opposite Party No.1/Bank is an intermediary to the insurance contract between the Complainant and the Opposite party No.2. Accordingly, the Complainant is a Consumer of the Opposite Party No.1as a Loanee farmer and Consumer of Opposite Party No.w as his crop is insured by paying Rs.1,600/-(Rupees one thousand six hundred)only towards Kharif 2018 premium.
The issue is answered accordingly.
Issue No.2.
The Opposite Party No.1 during Kharif 2018 remitted Rs. 72,860/-(Rupees seventy two thousand eight hundred sixty)only towards insurance premium in the account of Opposite Party No.2 bearing Account No. 04951132000342 in the Oriental bank of Commerce of Bhubaneswar IFSC Code No. ORBC0100495 vide UTR No. UCBAH 18219625612 Dt. 07/08/2018 to the Opposite Party No.2 under PMFBY of the Complainant along with other farmers. In the proposal the Opposite Party No.1 uploaded the crop village as Gobindpur, Area insured 1.28 hectre, sum assured Rs. 80,000/-(Rupees eighty thousand)only having Application ID. 41621846. During the year it was detailed by the govt. crop loss of 57% (In the collection of proposals and premium from farmers under PMFBY guidelines it is a special condition that, those farmers whose data is uploaded on the National Crop Insurance Portal shall only be eligible for Insurance coverage and accordingly the premium subsidy will also be released. In cases where farmers are denied crop insurance due to incorrect/partial/non uploading of their details on portal, concerned Banks/intermediaries shall be responsible for payment of claims to them.)
The Complainant had paid the premium of Rs.1,600/-(Rupees one thousand six hundred)only and he is entitled for the insurance coverage under PMFBY Scheme.
The insurance coverage is Rs. 60,000/-(Rupees sixty thousand)only per hectre only as per statement of Opposite Party No.1. The declared crop damage for Chakarkend Gram Panchayat is 57% it means the insurance compensation amount comes to Rs. 41,040/-(Rupees forty one thousand forty)only. Due to nonsettlement of claim the Complainant is harassed and could not get 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 No.1 has uploaded incorrect data in the NCIP as a result the Opposite Party No.2 did not settle the claim. The act of Opposite Party No.1 by not providing correct data in NCIP amounts to deficiency in service. The Complainant is a loanee farmer, the loan is granted by the Opposite Party No.1, the land documents was with Opposite Party No.1 where as while uploading mentioned it as Gobindpur G.P under Bargarh Block in place of Chakarkend GP. The PMFBY guidelines the role of Opposite Party No.2 is very specific.
For the negligence of Opposite Party No.1, the Opposite Party No.2 is not liable.
Accordingly, it is ordered.
O R D E R
The Complaint is allowed on contest along Opposite Party No.1 UCO Bank, Bargarh Branch and dismissed against Opposite party No.2. The Opposite Party No.1 is directed to pay the insurance claim amount of Rs. 41,040/-(Rupees forty one thousand forty) Only along with 7% interest P.A. w.e.f 11/07/2018 within one month of this Order to the Complainant. Further the Opposite Party No.1 is directed to Rs. 10,000/-(Rupees ten thousand)only towards mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses. Failing which, the entire order will carry 12% interest P.A till realization.
Order pronounced in open court on this 22th day of Aug 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree,
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal) Dt.22/08/2023 Dt.22/08/2023
P r e s i d e n t M e m b e r (w)
