MRS. SUSMITA MISHRA, PRESIDENT.

1.        The Complainant Sri Gadadhar Jen2being the Agriculturist has filed the present consumer complaint petition against the O.Ps alleging deficiency in service as well as unfair trade practice due to non-receipt of the Insurance claim against the damaged crop occurred in the year 2019-20.  The above named complainant has filed the complaint petition along with the complainant Sri Surendra Samal & other 51 complainant’s through their learned advocate with an application U/s 2(3), Sec.2(5)(v), Sec.35 & U/s 38(II) of C.P. Act, 2019 against the above said O.Ps for the same interest/purpose, with the permission of this District Commission, on behalf of , or for the benefit of, all consumers so interested on dt.12.10.2020 & dt.13.10.2020. So, all the complainants namely Sri Surendra Kumar Samal to Sri Batakrushna Mallick were signed in the Vokalatname from Sl.No.1 to Sl.No.53 & subsequently these consumer complaint petitions were re-named as C.C. Case No.72/2020 to C.C. Case No.124/2020.  Thus, the above named complainant is one of the member this “ 53 class-Action Group” & all the complainants were bonafide member of Taliha Co-operative Society, Taliha, Rambag, Dist:- Jajpur.
2.         The facts shortly are that the complainant being the agriculturist of both Khariff Crops & Rabi Crops availed a loan from O.P. No.1 through O.P. No.2 & 4. At the time of sanctioning the loan, the O.P. No.1 & 2 has deducted Rs.2,271/- as Insurance Premium from the K.C.C. Loan of the complainant vide K.C.C. Passbook No.121300072.  Subsequently due to flood in the year 2019-20, the Crops of the complainant was damaged.  Accordingly, the complainant intimated O.P. No.2 since the other farmers have already received the insurance crop claim.  But it is the matter of great regret that the O.P.No.1 intimated the complainant that his name does not find place in the Insurance Payment list.  That the complainant is a consumer, who is paying interest for the K.C.C. Loan availed by him.  Similarly, at the time of availing the loan the O.P.No.1,2 & 4  has deducted the insurance premium from the loan amount of the complainant to be deposited in the Insurance Company only to cover up the risk of the Khariff Crop in case the Khariff Crop will be damaged during the period of 2019-20 and in the present case, since the Khariff Crop of the complainant has been damaged due to flood, the O.Ps are liable to pay the insurance claim to the complainant.  Accordingly, due to non-receipt of the Insurance Claim against the damaged crop occurred in the year 2019-20, the complainant has filed the present dispute against the O.Ps to pay the Insurance claim to the extent declared by the Govt. in PALADA, BIHARI G.P. as well as to pay a compensation of Rs.20,000/- and cost of the Rs.5,000/- for mental agony and litigation expenses respectively may be awarded in favour of the complainant.
3.        On the other hand, there are 4 (four) Nos. of O.Ps, who after appearance have filed their written version separately in support of their defense through their Learned Counsel. 

In the written version of the O.P. No.1 & 2 have stated that after collection of premium amount from the K.C.C. Loan of the complainant, the said premium amount of insurance has been deposited in the Insurance Company i.e. (O.P. No.3) towards the future risk of Khariff Crop of the complainant for the year 2019-20.It is also stated by the O.P. No.1 & 2 that they denied the deficiency in service on their part.

As against such contention from the side of the O.P.No.1 & 2, the O.P.No.3, the Insurance Company is stating that No Insurance premium of the complainant has been deposited in the insurance company nor the Khariff Crop of the complainant for the year 2019-20 has not been insured in the Insurance Company (O.P.No.3).Further, it is stated by the O.P.No.3 that the O.P.No.1 & 2 should file the relevant documents in case the O.P.No.1 & 2 have deposited the Insurance Premium of the complainant in respect of Khariff Crops for the year 2019-20. It is further stated by the O.P.No.3 is that O.P.No.3 had denied the averment made in Para-3 of the complaint petition.Because rely upon the downloading & verifying the date uploaded by the O.P.No.2 (Cuttack Central Co-operative Bank, Dasarathpur Branch) for Khariff Season 2019 on PMFBY Portal, this O.P.No.3 could not find any details of the complainant namely Sri Gadadhar Jena.It is also stated by the O.P.No.3, no amount of premium against the complainant has been remitted to this O.P. by the concerned O.P. Bank.Hence, the crop of the complainant for Khariff-2019 has not been insured with this O.P. by the O.P.No.2 and the complainant was neither availed Crop Loss Coverage in the event of Natural Calamities for Khariff-2019 nor his crop loan was guaranteed by the Insurance Coverage by the Govt. through O.P.No.3 under PMFBY Scheme.Thus, the complainant is not eligible to get any claim under PMFBY Scheme though there is short fall in yield in BIHARI G.P. in the Khariff Season in 2019.

Whereas, the O.P.No.4 namely, Secretary, Taliha Samabaya Samittee also known as Primary Agricultural Co-operative Society (PACS) stating that it is an admitted fact that complainant is one of the member of farmers of PACS, Taliha and has availed K.C.C. Loan from O.P.No.2-Bank for his agricultural operation.It is admitted by the O.P.No.4 that unfortunately as per record available with this O.P.No.4, any K.C.C. Loan has neither been sanctioned nor disbursed by the O.Ps to the complainant-borrower for the Khariff Crop for the year 2019-20. Hence, the question of Crop Insurance claim for this season does not arise for the complainant.

4.                In the light of the contradicting views of both the parties, we heard the argument from both the parties and after perusal of the record in details and documents filed by the complainant [Xerox copies of K.C.C. Passbook No.121303079 with Loan Statement for the purpose of Small Scale Scheme (other Crops Except Cane Crops), Page1-2] and documents filed by the O.P.No.3 [Xerox copy of Section 9,10,11 & 12 of Revised Operational Guidelines of PMFBY Scheme, Pages-11,12/dt.19.08.2021]. Whereas, all other relevant documents relating to this case are attached in the main C.C. Case No.72/2020 for reference to this Class-Action-Group Complaint. We are inclined to dispose of the dispute as per our observation below :-

1.          Admittedly the complainant is a bonafide member farmers    of PACS of Taliha Co-Operative Society who has availed both Khariff loan & Rabi Loan as per his Passbook Statement (Xerox copy annexed).  It is clearly shown as he has not availed the Khariff Finance in 2019 but a new financial loan for the purpose of Rabi Crop in the year 2019-20 on dtd. 04.02.2019 amounting to Rs.83,937/- (Rupees eighty three thousand nine hundred thirty seven) only vide K.C.C. Passbook No.121300072 from O.P.No.2 through O.P.No.1.  At the time of sanctioning & disbursing the loan amount, the O.P.No.2 has not deducted any amount towards Insurance Premium which is required to be deposited by O.P.No.2 in the Insurance Company i.e. (O.P.No.3) only to cover up the risk of damage Crop for the year 2019-20.
2.          In the written version filed by the learned advocate on behalf of the O.P.No.4, Secretary, Taliha Samabaya Samittee is stated in Para-vii, that unfortunately as per record available with this O.P., any K.C.C. Loan has neither been sanctioned nor disbursed by the O.Ps to this complainant borrower for the Khariff Crop for the year 2019-20.  Accordingly to the Khariff Crop of Season 2019-20 of the complainant has not been insured by Insurance Company.
3.      Though the O.P.No.1 & 2 filed some documents in support of the deposit of Insurance Premium but such documents does not indicates the name of the complainant on 16.04.2021.  it also indicates that the complainant has not insured crop due to new finance in Rabi Crop on 04.02.2019.  Moreover, the O.P.No.1 & 2 had filed some relevant documents regarding remittance of Crop Insurance Premium for the year Khariff Crop, 2019 to Oriental Insurance Company who is authorized to make insurance of Jajpur District, on dtd.05.10.2021 [Pages 1-6, for C.C. No.72-124 of 2020, xerox copies annexed].   Similarly, the O.P.No.3 also produced some relevant documents with their synopsis of written argument vide Annexure-C on 25.02.2021 specially for the Khariff Crop Insurance for the year of 2019-20.  Hence, the question of Crop Insurance Claim for the Season Khariff-2019-20 does not arise for this complainant.

The above observations from our side clearly go to establish that nothing is proved by the complainant against the O.Ps regarding the allegation of deficiency in Service & Unfair Trade Practice on the part of the O.Ps.Hence, there is no deficiency in service & unfair trade practice by the O.Ps, as a result, the complainant is not entitled to any relief.Hence, the order.

                             O R D E R.

In the light of aforesaid discussion, the present consumer complaint petition is, therefore, found to be devoid of any merits & is hereby dismissed.The present consumer complaint case is accordingly disposed off.

Issue extract of the order to the parties for compliance.

Order pronounced in the Open Commission on this the 28^th day of April 2023.