Orissa

Jajapur

CC/9/2021

Subash Chandra Parida. - Complainant(s)

Versus

Manager,SBI,Kaipada. - Opp.Party(s)

Sri Seetikantha Das

08 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION :  JAJPUR.

Presents:-    1.    Smt. Susmita Mishra        President,

                                                        2.  Sri Bibekananda Das        Member .

            Dated the 8th  day of  December, 2023.

C.C. Case No. 09 / 2021.

Subash Chandra Parida,

S/O Late :-Daitari Parida

 Vill:-  Talakaipada, P.O. Kaipada

  P.S. Bari-Ramchadrapur,

 Dist:- Jajpur.                                                                                                                                                                                     .  .                                                       …......................Complainant.

                   Versus.

1. Manager,S.B.I,Kaipada, At/P.O. Kaipada,P.S . Bari-Ramchandrapur

Dist:- Jajpur.

2. Branch Manager, Oriental Insurance Co.Ltd, At/P.O/ Jajpur Road,

Dist:- Jajpur.                                           .  .  .  .  Opp. Parties.

                             Counsels appeared for the parties.

For the Complainant       :   Mr. Srikanata Mohapatra, Advocate & associates

For the Opp. Parties No.1 :-   Mr. P.K.Daspattnaik, Advocate.

For the Opp.parties No.2    :-    Mr. A.K.Panda, Advocate.

Date of filing Complaint    :-              22. 01.2021,

Date of Argument           :-                 22.09.2023,

Date of Oder                   :-                 08.12.2023.

MR. BIBEKANANDA DAS, MEMBER  :-

              The C.C case has been filed U/s 35 of C.P. Act, 2019 and taken up today for order. The complainant being aggrieved by the deficiency in service as well as unfair trade practice of the O.ps due to non receipt of the insured claim amount against the loss of crop occurred in the year-2019.

      The brief fact of this case is that, the complainant being a farmer had availed agricultural loan of Rs.80,014/-/ from O.p.no.1 vide his savings A/C No.35092355638 and K.C.C A/C No 35092355638 for cultivation of his land under Kalamatia G.P. The complainant also insured his loan  and crop under PMFBY scheme for Kharif crops of 2019 and for that O.p.no.1 deducted an amount of Rs.1680/- from the loan A/C of the complainant towards premium and paid the same to O.P.no.2. Accordingly  O.p.No.2 has been pleased to give only Rs.16155/- instead of giving Rs. 52,809/- .  That as per guide line of the Govt. the O.P.no.2 had to pay 66% of the loan amount to the complainant i.e 66% of Rs. 80,014/- which comes to Rs.52,809/-  But the complainant being a poor farmer under kalamatia G.P has not yet received  the balance amount of Rs.36,654./- inspite of repeated approaches made to the O.ps. That  due to gross negligence and deficiency in service committed by the O.ps, the complainant has sustained heavy financial loss and undergone mental agony during these period.  The complainant is a bonafide consumer under the O.ps as he has given consideration amount in shape of premium . But the complainant due to inaction of the O.ps has no alternative and compelled to file the present C.C.Case before this Hon’ble Commission for redressal  of his grievances.

          We have gone through the written version filed by the O.P.no.1 and 2 and so also the complaint petition. After perusal of the entire documents/ materials available on record and also gone through the PMFBY scheme,  it is our considered view that, O.P.no.1 is solely responsible and has committed deficiency in service by not uploading the correct address/ information of the complainant in the National Crop Insurance Portal as has been provided by the PMFBY scheme of the Govt. It is specifically mentioned in the guide line of PMFBY scheme that , the banks are required to upload the insured farmer’s data  mandatorily in the National Crop Insurance Portal. No other platform shall be used for uploading/ submission of farmer’s data. These farmers whose data is uploaded in the National Crop Insurance portal shall only be eligible for Insurance coverage and accordingly the crop insurance amount will be released. But in cases where the farmers are denied crop insurance due to incorrect/ partial / non-uploading of their details on portal, concerned banks shall be responsible for payment of claims to them, and as such the O.P.no.1 (SBI,  Kaipada branch) has committed deficiency in service for which the complainant is deprived of getting his legitimate claim due to incorrect uploading of data.

It is quite interesting that, when the complainant has no agricultural lands in Mandari G.P of Jajpur district rather he has get all his agricultural lands in Kalamatia G.P of Bari Block under Jajpur district and to that effect the complainant has failed one certificate of concerned Sarapanch of Kalamatia G.P( Original copy annexed)  and he certified that village Talakaipada comes under Kalamatia G.P and the complainant is permanent resident of  Kalamatia G.P  . The complainant has also filed the Xerox copy of his SB A/C pass book in support of his case and the said passbook has been issued by the  O.P.no.1. National Crop Insurance Portal provided by the PMFBY  scheme of the Govt. and for which the complainant could not able to get the full Insurance claim amount due to gross negligence and deficiency in service committed by the O.P.no.1 and which is quite evident from the written version filed by O.p.no.1 wherein it is clearly admitted that after receipt of premium amount from the disbursed loan A/C of the complainant along with detail particulars of individual borrower/ farmer uploaded in the online portal of the O.P Insurance company.

From the above observations, it is our considered view that, the O.p.no.1 has committed patient deficiency in service by not uploading the correct address / information of the complainant in the National Crop Insurance Portal of the  insurance company ( O.P.No.2) under the PMFBY scheme  of the Govt. and for which O.P.no.1 is liable for the loss suffered by the complainant vide 2022(3) CPR-95( Karnatak State Commission) wherein it was held that,

“ Liablity of Bank for the mistake in dates, bank is liable for   compensation.”

                                                O R D E R.

          Taking into all the facts and circumstances involved in this case, this Commission allowed  the C.C.Case No.09/21 on contest against O.P.no.1 and dismissed against O.P.no.2 and further O.p.no.1 is directed to  pay  Rs.36,654/- towards crop loss along with  @9%  per annum to the complainant from the date of claim  i.e from dated 04.11.2020 till the date of payment. The O.p.no.1 further  directed to pay Rs.5,000/- to the complainant towards cost of this litigation. The  above direction shall be complied within 45 days from the date of receipt of this order, failing which  the complainant is at liberty to file execution proceeding U/S -72 of C.P.Act,2019 for realization of awarded amount.

                    Issue extract of the order to the parties for compliance.

                    Judgment pronounced in the Open Commission on this the 8th day of December, 2023.