Date of filing -29.07.2022                                          Date of Disposal-05.12.2022

Complainant:-Subir Ranjan Sinha, S/o-Lt Satya Ranjan Sinha, vill-Nishiragar Dakshinpara, Devipur, P.O.-Devipur, P.S.-Memari, Purba Bardhaman, Pin713146, Phone_7797674816.

                                                                                  Vs.

Opposite Party:- Indian Bank Branch, formerly known as Allahabad Bank, represented by its Branch Manager, having its office at Village & P.O. Berela, Boinchee, P.S.-Pandua, Hooghly, Pin-712611.

Order Date: 05.12.2022

Today is fixed for passing order in respect of M.A. case being No.56/2022 and filing W/O by the O.P.

No step is taken by the complainant. Even the O.P. also did not take any step. But subsequently, Ld. Advocate for the complainant is present.

The M.A. case being No.56/2022 is taken up for passing order.

On  29.07.2022, the complainant has filed a petition supported by an affidavit u/S 69(2) of the C.P. Act, 2019 praying for passing necessary order by condoning the delay of 64 days in filing the instant complaint on certain grounds.

Ld. Advocate for the complainant submitted that the complaint elaborately disclosed that in the month of the January, 2020 the complainant from his surrounding cultivators came to learn that some of them who were the KCC Loan holders as well as paid premium of insurance under PMFBY (Pradham Mantri Fasal Bima Yojona) scheme have received 96% of insurance benefit in respect of their KCC loan amount. Subsequently, by updating his pass book he came to learn that no amount has been created in his account as insurance benefit till March, 2020 which he is entitled to. The complainant for several times visited the office of the O.P. to get his bona fide claim for damage of potato crops and also submitted written requests but the O.P. denied the same. The O.P. has neither denied the claim nor settled the dispute rather gave the false assurance.

The O.P. also did not give any single reply of the written and verbal requests of the complainant. But for abandoned caution, the complainant filed this petition praying for delay of 64 days though there was no condonation.

On perusal of the case record, it appears that complaint has been filed on 29.07.2022 and the cause of action arose on and from 27.05.2020.

Naturally, there is some delay in lodging the complaint by the complainant. But from the petition for condonation of delay, it appears that there was conversion in between the parties regarding the claim of the complainant which take some days and as the O.P. denied the claim and reply of the complainant the cause of action is still continuing and it is arising on each and every day. According to settled principle of law, the liberal approach may be taken in consideration of petition for condonation of delay specially when the O.P. is denying the claim of insurance benefit which is legally entitled to claim being the agriculturist and the complainant earns his livelihood by cultivating paddy and potato after taking the loan from the bank concerned with the help of Kisan Credit Card and he has right to get justice; mere some delay cannot defeat the justice.

Under the above facts and circumstances, the prayer for condonation of delay is considered and allowed.

Let the delay for filing the complaint is hereby condoned. Accordingly, the M.A. case being No.56/2022 is thus disposed of.      

 Dictated & corrected by me.

                      President                                                                       President                    

             D.C.D.R.C., Purba Bardhaman.                                            D.C.D.R.C., Purba Bardhaman

Member                                                                                                    Member                                               

D.C.D.R.C., Purba Bardhaman                                                                D.C.D.R.C., Purba Bardhaman