Orissa

Nuapada

CC/18/2019

Tikeswar Sabar - Complainant(s)

Versus

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

Sri A.K.Bag

21 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
NUAPADA,ODISHA
 
Complaint Case No. CC/18/2019
( Date of Filing : 17 Apr 2019 )
 
1. Tikeswar Sabar
At-Kasipala, Po-Kurumpuri, Ps-Komna, Dist-Nuapada
Nuapada
Odisha
...........Complainant(s)
Versus
1. Branch Manager,State Bank of India, Nuapada
State Bank of India, Main Branch, At/Po/Ps/Dist-Nuapada
Nuapada
Odisha
2. National Insurance Company Ltd, Bhubaneswar
Division office-I, IDCO Towers, 4th Floor, Rupali Squre, Janpath Road, Bhubaneswar,751001
Khordha
Odisha
3. Agriculture Insurance Company Limited, Bhubaneswar
Plot No.87, Janpath , Bhubaneswar, 751007
Khordha
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Purna Chandra Mishra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:
 N.R.Pattnaik, Advocate for the Opp. Party 0
 S.R.Dewangan & A.K.Dewangan, Advocate for the Opp. Party 0
 S.R.Dewangan & Associates, Advocate for the Opp. Party 0
Dated : 21 Jul 2023
Final Order / Judgement

                      Sri Purna Chandra Mishra  - President.

Complainant Tikeswar Sabar has filed this case u/s 12 of the CP Act-1986 alleging deficiency in service on the part of the Opposite Parties for non-payment of his crop insurance benefit in spite of his repeated approaches and praying therein for direction to the Opposite Parties to pay his crop insurance claim to the tune of Rs. 88,168/- along with interest @ 18% and to pay a sum of Rs. 2,50,000/- towards financial hardship, mental agony and deficiency in service.

 

  1.           Brief fact leading to the case is that the complainant had insured his agricultural land in village Kasipalla under Palsipani GP under Khata No. 55 for the Kharif Year-2017 through OP No. 1 on payment of insurance premium of Rs. 1772.17p and the insured amount was Rs. 88,168/-. In the Kharif Year-2017, village Kasipala in Palsipani GP was affected and the complainant did not receive his insurance claim in respect of damage even though the co-villagers availed their crop insurance. Since the insurance benefit was not released, he contacted the OPs time and again and as the OPs did not respond he took the shelter of this Forum for the reliefs as discussed in the preceding paragraphs.

 

  1.         After receipt of notice, the Opposite Parties appeared and filed written statements separately.
  2.         The OP No. 1 in his written statement stated that the complainant is an account holder of his Bank and he has not insured his crops through SBI Nuapada Branch. It is false to say that on 28.07.2017, a sum of Rs. 1772.17p has been deducted from his account regarding insurance premium. Since, no amount has been deducted by the Bank towards insurance premium, he is no way responsible for non-payment of dues by anybody else. Therefore, he prays for dismissal of the case against him.

 

  1.        The OP No. 2 in his written statement stated that the complainant had deposited a premium of Rs. 1772.17p towards the insurance premium for the Kharif Season – 2017 for his cultivable lands in Mauza-Kasipala. As per the PMFBI portal data, the insurance premium is received by the Bank or the CSC and it is filled up either by he bank or by the CSC or the farmer directly. The insurance companies never became the custodian of the said data. The insurance benefits are availed by the farmers on the basis of State Government Notification. Due to migration of data from Government PMFBI old portal to new portal, the documents submitted on line by the farmers could not be migrated to new portal and therefore in absence of required documents, the claims of the online farmers could not settled. The matter was brought to the notice of the Central and State Government and as per the instructions from the Government, 1300 online farmers of Nuapada District submitted the land documents, Adhar Card, Pass Books only in the month of April-2019. The claim of the complainant is included in the process and it will be considered as per the eligible criteria mentioned hereunder as quickly as possible. Therefore, there is no deficiency on his part and the OP No. 2 prays for dismissal of the case.

 

  1.        The OP No. 3 has not filed written version in this case.

 

  1.        It is admitted by the OP No. 2 that because of technical errors in the portal of the Government, the claim of the complainant has not been considered and is under process. Since the claim is under process, it will be pre-matured to proceed ahead with the case and the complainant is directed to wait for the final decision of the insurance company and after the decision is communicated to the complainant, he is at liberty to file a new complaint if he is not satisfied with the decision of the insurance company. The case is accordingly disposed off.

 

O R D E R

 

          The complaint petition is accordingly disposed off with the liberty to the complainant to file a fresh case in the event of his dissatisfaction arising out of the final. Parties to bear their own cost.

 
 
[HON'BLE MR. Purna Chandra Mishra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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