Orissa

Jagatsinghapur

CC/97/2020

Laxmidhar Mohapatra - Complainant(s)

Versus

Chief Executive / Secretary Japa Pacs - Opp.Party(s)

Mr.R.Mohanty

03 Aug 2022

ORDER

                                                                                          JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “The opposite party No.1 to 5 be directed to pay jointly and severally Rs.90,000/- which is the sum insured to the complainant along with 12% interest from the date of credit i.e. 30.7.2019 till the date of payment and the opposite parties be directed to pay Rs.1,00,000/- jointly and severally towards the mental agony and harassment and Rs.20,000/- towards litigation fees”.

            The brief fact of the case is that the complainant is a farmer and belongs to the area covered under Japa PACS (Panchyayat Agricultural Cooperative Society) opposite party No.1 having Kisan Credit Card No.361001732 and SBD account holder of the Cuttack Central Cooperative Bank Limited, Erasama Branch vide A/c No.16886. The complainant as a small farmer, availed a crop loan in the agricultural year 2017-18 and after crop production, the Govt. along with the different agencies assessed the crop production and declared as 29.92% as in loss, which has been indemnified by the insurance company i.e. O.P. No.6.  As per letter No.855(5) dt.08.7.2019 the opposite party No.3 has directed the opposite party No.2 to release the Khariff 2018 indemnity to the loanee and to credit the eligible amount to individual borrower’s SBD account.

            The complainant is an eligible farmer and found his name in the said enclosed sheet and the serial No.65 in the list and as per the sheet the sum insured is Rs.90,000/- and the complainant has paid his share Rs.1,800/- towards insurance coverage. The opposite party No.1 & 2 started crediting the due amount to different farmers on dt.30.7.2019 and onwards. As the complainant did not get credited the said amount asked, the cause of delay on dt.02.8.2019, the opposite party No.1 assured to credit the sum insured as quick as possible but without any result.

            Notice was issued to all the opposite parties by registered post on 20.7.2020 and opposite party No.1 & 2 has appeared on 29.8.2020 and filed time petition seeking one month time. But so far the opposite parties have neither filed any time petition nor appear on any date after 29.8.2020 relating to non receipt of crop insurance to be paid by opposite party No.6, who has received the premium from the complainant. The complainant has relied on letter dtd.03.7.2017 of opposite party No.3 in which it has been mentioned that almost 29.9% crop loss was there for which a list was published in which opposite party No.6 has released an amount of Rs.6,83,85,921.94 paisa in favour of 9,491 loanee farmers towards khariff 2018. In the said list name of complainant stands at Sl. No.65 and amount is Rs.90,000/-.

            The amount in question has been released from 03.7.2017 and notice was issued by this Commission on 20.7.2020 and all the opposite parties are sleeping in deep slumber.

            We have perused the record and we held that nonpayment of the kahriff 2018 indemnity in favour of the loanee farmer for whom premium has been received by opposite parties particularly opposite party No.6 amount to negligence on the part of opposite party No.6 which cause deficiency in service for which we direct the opposite parties more particularly opposite party No.6 to release the amount of Rs.90,000/- as sanction in letter dtd.03.7.2017 which is in Annexure III within a period of 45 days from the date of receipt of the order, failing which opposite parties who will not cooperate in paying the benefit to the complainant shall be held responsible for the delay and shall be liable to pay interest @ 10% per annum from the date of the filing of the case.

            The consumer complaint is allowed with cost of Rs.4,000/- towards mental agony and cost of litigation which shall paid by opposite party No.1, 2, 3 & 6 (Rs.1,000/- each). With the aforesaid observation and direction the consumer complaint is disposed of.

 

            Pronounced in the open Commission on this 3^rd August, 2022.