SMT. RAJASHREE AGARWALLA, MEMBER:-

                        Deficiency in service in  respect of non-settlement of the insurance claim of the damaged crops in the khariff season for the year 2018-19 of the complainant are the allegations arrayed against the Opp.Parties. 

2.                     The case of the complainant, in short reveals that the complainant is a bonafide cultivator by profession bearing Farmer Identification No.KEN/69061 under General category of Mahakalpada Block issued by Deptt. of Agriculture and Farmer’s Empowerment, Govt. of Odisha. It is further stated that being an unemployed graduate and having no source of income without agriculture, cultivated his own land which stands recorded in the name of his father covering an Area 3.924 hec. for maintenance of his livelihood and his family members. It is also stated by the complainant that he spent Rs.1,30,000/- for cultivating the lands by mechanical equipments, plantation of crops, fertilizers, pesticides etc. It is further averred that the complainant, by anticipating crop damage due to natural calamities, insured himself under Pradhan Mantri Fasal Bima Yojana vide Application Receipt No.0401211800205064323 for the total area of 3.924 hect. The complainant also paid a premium of Rs.4080.96 towards insurance of his crop through Cholomandalam MS General Insurance Co. Ltd. of total insurance claim of Rs.2,04,048/-.The above insurance amount will be paid by the insurance company, if the crop will be damaged due to natural calamities. But it is a matter of regret that the entire paddy crops are damaged by heavy rainfall on 08.09.2018and the complainant informed to the Ops regarding damage of crops but the OPs turned a deaf ear to the grievance of the complainant. The complainant also made several approaches to the Ops for settlement of insurance claim of the complainant but no action has yet been taken by the OPP. Parties. Finding no other alternative and duly harassed by the Ops the complainant forced to approach this Forum for due redressal and preys for awarding Rs.2,00 lakhs towards crop insurance alongwith cost, compensation for mental agony and harassment.

3.                     On receipt of Notice Op-Insurance Company, Cholamandalam M/S General Insurance Company Ltd.(Op No.1 & 2 appeared through their Ld. Counsel Mr. Md. Nayeem and filed joint written version into the dispute. In the written statement, OP-Insurance Company formally denying the allegations preys for dismissal of the complaint as the grievances placed in the complaint is illegal and arbitrary.

                        Op No.3, Block Agricultural Officer, Mohakalpada and Op No.4, Collector, Kendrapra though received the Notice of the Forum sent by Regd. Post with A.D., but did not prefer to appear into the dispute, hence set ex-parte by this Forum on dt. 11.08.19.                                     

4.                     Heard the complainant and Ld. Counsel appeared for the Op-Insurance Company and  ex-parte hearing against the Op No.3&4 and perused the documents filed into the case. The facts of the case are that complainant has obtained a Crop. Insurance Policy of Op-Insurance Company under Pradhan Mantri Fasal Bima Yojana ‘inshort’ PMFBY’ bearing application receipt No. 0401211800205064323 for a sum assured of RS. 204048/-. The Insurance covers the period Kahrif (paddy) for the year 2018 with a total Area of 3.924 hect. It is alleged that due to heavy rain on dt. 08.09.2018, the entire paddy crops of the complainant were damaged and immediately the croploss was informed to the Agriculture Deptt. and to the Collector, of the Dist. on 14.09.2018. The loss of crop was also intimated to the Op-Insurance Company, but Op-Insurance Company repudiated the claim, on the ground that they were not intimated within 48hrs of damaged loss. The written statement of Op- Insurance Company nothing is raised about limitation of filing of claim for loss of crop within 48hrs as stated in e-mail correspondence to complainant. Further, a self attested Xerox copy of letter addressed to the collector, Kendrapara dt. 14.09.18is filed into the dispute alongwith its Postal Regd. receipt. In the absence of the Block Agricultural Officer(OP No.3) and the Collector, Kendrapara(Op No.4) into the present proceeding,  it is not possible  to ascertain the actual quantum of loss crops and occurance of heavy rain on 08.09.2018 as alleged by the complainant.So also the detail terms and conditions of the Crop Insurance Policy is not produced for proper adjudication of the dispute except a self- attested photocopy of Farmers premium acknowledgement receipt. In the circumstances, it is presumed that, on 08.09.2018 on the date of alleged ocurance of heavy rain the insured crops were damaged as the same is not challenged by the Ops by submitting true state of affairs. In this situation, complainant who is a young farmer Opts agriculture as his profession and insured his kharif(paddy) crop for the year 2018 by paying a good premium amount to the Op-insurance Company should be appropriately  indemnify  for loss of crop and his claim cannot be repudiated in absence of any substantial ground. Complaint reveals that, complainant has spent an amount of Rs. 1,30,000/- towards cultivation of paddy crops in kharif(paddy) 2018 and the expenses includes the  Fertilizer/pesticides, mechanical ploughing and other labour charges. Though the complainant claims Rs. 2 Lakhs for settlement of claim which includes the financial loss and the claim amount is within the sum assured of the crop Insurance Policy. Complainant also files a cash receipt of SAI TRADERS, Mohakalpada amounting of Rs. 40,000/- toward purchased of Fertilizer/ pesticides and hand written money receipt of one Pabitra Pradhan showing the payment of Rs. 40,000/- towards ploughing charge of the complainant’s land. We, do not disbelieve these documents. So far the labour charges described on the complaint for Rs. 50,000/- are not substantiated by any documentary evidence, we reduced the labour charges to 50% against the claim of the complainantas using labour for cultivation is an inevitable requirement which cannot be overlooked. Hence, Complainant-farmer is entitled to Rs. 25,000/- towards labour charges for the loss of crop. in toto the complainant is entitled to Rs. One Lakh Five thousand towards loss of crop and the amount is to be paid by the OP-Insurance Company. The response of the Op No.3&4 in the present proceeding is not appreciated by this Forum at all as inspite of request of ayoung farmer like complainant, the Op No.3 & 4 has acted negligently by not disclosing the facts before this Forum for its proper adjudication. As the Op No.3& 4 can’t indeminify the complainant anyway towards loss of crop, hence no direction is issued to Op No.3 & 4 in this regard.

                                    Having observations reflected above, it is directed that, Op-Insurance Company shall settle the claim of the complainant to the tune of Rs. 1,05,000/-(Rs. One Lakh Five thousand)only towards croploss of the complainant and Op-Insurance Company shall pay 6% simple rate of the interest from 08.09.2018 to till its realization.  The order shall be complied by the Op-Insurance Company within one month of receipt of this order, failing which 9% S.I. will be imposed for the delayed period.

                       Complaint is allowed inpart on contest against Op No.1& 2 and ex-parte against Op No.3&4.

                     Pronounced in the open Court, this 18th day of September,2019.

                             I, agree.

                                 Sd/-                                             Sd/-

                           PRESIDENT                                 MEMBER