Orissa

Jajapur

CC/58/2016

Gurucharan Mohanty - Complainant(s)

Versus

Branch Manager,Odisha Gramya Bank,Kaspa Branch. - Opp.Party(s)

15 May 2017

ORDER

                IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:      1.Shri Jiban ballav Das , President

                                                                            2.Sri Pitabas Mohanty, Member,

                                                                            3.Miss Smita Ray, Lady Member.               

                                              Dated the 15th day of May,2017.

                                                      C.C.Case No.58 of 2016

Gurucharan Mohanty  S/O Late Gouranga ch.Mohanty

At. Mallikapur, P.O.Ahiyas

P.S.Mangalpur , Dist.-Jajpur.                                                                            …… ……....Complainant .                                                                       .

                   (Versus)

Branch Manager,Odisha Gramya Bank,Kaspa Branch,At.Kaspa

P.O.Ahiyas,Dt.Jajpur.

                                                                                                                          ……………..Opp.Party.                  

For the Complainant:                         Sri N. Ch. Mohanty, Advocate.

For the Opp.Party :                            Sri G.Ch.Panda, Miss B.R.Rout, Advocates.

                                                                                                     Date of order:   15. 05.2017.

SHRI  PITABAS  MOHANTY,   MEMBER .

Deficiency in banking service is the grievance of the complainant.

            The facts as stated in the complaint petition shortly are that the petitioner being an Agriculturist of Kaspa G.P within the Dist of Jajpur had taken a KCC loan of Rs.24,000/- from the O.P Orisha Gramya Bank Kaspa Branch for agricultural purpose . It is stated by the petitioner that the O.P had sanctioned the loan of Rs. 24,000/ in favour of him under KCC loan bearing A//C No.407114010000011 on 11.08.2014 and out of  the sanction amount of Rs. 24,000/- the O.P kept Rs.6,12.50/ as Insurance premium .Subsequently due to crop loss owing to  natural calamities  the farmers Kaspa G.P are entitled to  get 100% Insurance claim since the crops were fully damaged  .On the enquiry it is ascertained that the O.P has not given nor deposited the Insurance premium of the petitioner for which the petitioner  has been debarred from getting  Insurance claim though  the crops has been fully damaged. In such situation the petitioner  served a written application to the Chariman of the O.P but after receipt of the said application the O.P remained silent .Thereafter the petitioner obtaining information under RTI Act has filed the present dispute with the prayer to direct the O.P make payment of 100%  Insurance claim and other relief as  deemed fit.

            After notice the O.P appeared through their learned advocate and filed their written version taking  the following stands:-

The present case against the B.M is not maintainable . The petitioner has no cause of action against the O.P. The petitioner has applied for agriculture loan the year 2014. It is true to say that Rs.612.50/ was credited in the loan acct. of the petitioner . It is false to say that said amount is deposited by the petitioner towards in Insurance premium . The Insurance premium for the petitioner was not deposited by the then B.M . The reason is  best known to  Jagadnanda Mohapatra  the then  B.M . He is now retired from the services. He is residing at plot No.371 Niladrivihar Bhubaneswar (Mob.No.9439620133) The present B.M is in no way concerned with the cause of action of the petitioner . The then manger is a necessary party to this case.

            Further more the O.P has stated in the written version that  the petitioner should have been vigilant about the fact whether the amount of Insurance premium deposited or deducted from the loan account by the  appropriate authority and the petitioner should have collected the certificate of such deposit from the then Branch manager Sri Mohapatra. It is false to say that there is deficiency of service on the part of Branch Manager. Orisa Gramya Bank,Kaspa for not making payment of Rs.24,000/- as Insurance dues. The present manager is in no way concerned about the deposit of Insurance premium. He had no knowledge in it and no deficiency in it. The reason of non deposit of premium is known to Sri Mohapatra .The present B.M is in  no way liable for the claim of the petitioner . Hence, there is no way of deficiency of service on the part of the O.Ps.

            Owing to the contradicting view of both the parties after perusal of the record along with documents filed from  both the sides we are inclined to observe as follows:-

1.It is undisputed fact that the O.P  has sanctioned a KCC loan amounting to Rs.24,000/- in faovur of the petitioner .As against the above sited loan the O.P debited Rs.612.50 on 14.08.14 for the premium of Insurance from the sanctioned loan amount .Further as per the terms and condition of the KCC loan the Insurance is mandatory which has been  done by the O.P. In the written version the O.P has  taken the stand that the debited premium amount of Insurance was not deposited by the Ex-branch manager who is  now retired . The present branch manager who is in no way liable for the negligence of the previous Branch Manager .In the present case since the O.P was not  complied the terms and condition of KCC loan the blame un doubtly can be placed at the door of the O.P ,

            The above analysis from our side clearly go to establish that  in view o the observation of Hon’ble National Commission reported in 1999(1)CPR-23(United India Insurance Co.Vers. Satrughan Sharma & Others) the O.P  has committed patient deficiency of service for which the petitioner has been debarred to avail Insurance claim .As such to meet the ends of justice we allow the dispute.

O R D E R

            The dispute is allowed against the O.P .The O.P is directed  to pay the Insurance claim against the damaged kharif crops for the year 2014 as per  terms and condition of National Agricultural  sachem.  As regards compensation we allow Rs.5,000/- for harassment and mental agony which will be paid  by the present  O.P  to the petitioner within one month from the date of receipt of this order. The above amount shall  be recovered by  the present  O.P  from the pocket of the concerned officer who has sanctioned  the loan in faour of the petitioner  as per observation of the SUPREME COURT in 1993(III)CPJ-7 vide para-19 (Lucknow  Devlopment Authority Vers. M.K.Gupta ) .                                                            .                                                   

This order is pronounced in the open Forum on this the 15th day of May,2017. under my hand and seal of the Forum.