DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
C.D.CASE NO. 83 OF 2020
Sri Goutam Samal
S/O Rangadhar Samal
At- Aharapada, Ps- Bhadrak (R), Dist: Bhadrak, Odisha
……………………. Complainant
Versus
1. Secretary, Gujidarada Service Co-operative Society Ltd.
At/Po: Gujidarada, Ps- Bhadrak (r) Dist: Bhadrak
2. Branch Manager, Balasore Bhadrak Central Co-operative Bank Ltd.
Bhadrak Branch, Bhadark,At/Po-Bhadrak. Dist: Bhadrak
3. The Chief Executive Officer, Balasore Bhadrak Central Co-operative
Bank Ltd., Head Office, O.T Road, Balasore- 756001
4. The Divisional Manager.
ORIENTAL INSURANCE Company Ltd.
Divisional Office, Police Line Square,
O.T Road, Balasore- 756001
…………… Opposite parties.
Order No.10 dt. 26.02.2021
Perused the case record. Date has been fixed to today for order. The case of the complainant is that he has availed a short term crop loan of Rs. 54,000/- on 08.07.2019 during KHARIF-2019 from O.P No.1. Instantly on the date of availing loan the complainant has paid crop insurance premium of Rs. 800/- within cutoff date to O.P No.1 under Pradhanmantri Krusak Bima Yojana . O.P No.1 remitted the amount to O.P No.3 through O.P No.2 along with the list of borrower for transmission to oriental insurance company. During the said crop season the crop of Khandatada G.P was declared damaged for which the borrowers/farmer were entitled to compensation .But the final list published by the insurance company does not bear the name of the complainant to get the compensation.
O.P No.1,2,& 3 in submitting written version stated that the complainant has paid the insurance premium which has been remitted the concerned insurance company so as to enable the complainant to get the compensation in the event of any crop damage. But in the instant case the complainant has not received any compensation even though sabarang G.P has been declared as Crop loss.
O.P No.4 in submitting written version stated that O.P No.1,2 & 3 have not up loaded the name of the complainant online within cutoff date as it was their statutory job, as a result of which the complainant is deprived of getting damage claim. On the contrary the other O.Ps claimed that when the online registration/uploading failed, the mater was brought to the notice of insurance company for resolution of the problem. A group of officers of the company convened a formal meeting with the Bank’s authorities and concerned PACS secretaries to resolve the issue where the insurance authorities advised the Concerned PACS Secretaries to submit the list of Farmers/Borrowers in whose case the online uploading has failed. Accordingly O.P No.1 has submitted the list of farmers to O.P No.4 through O.P No.3 for resolving the issue but the insurance authorities did not initiate any action as a result of which the poor complainant is deprived of getting his claim. It is pertinent to mention here that the insurance company has not felt it wise to refund the insurance premium to the Borrowers in the event of non settlement of claim.
After having heard parties to this case and perusal of material evidence on the record it is observed that the amount of insurance premium collected from complainant has been remitted to the insurance company which is entrusted by the Government under Pradhanmantri Krusak Bima Yojana to settle the payment of claim but failed to do the same .Such act of insurance company amounts to deficiency in service and liable to pay the compensation claim to complainant. It is also observed that if the complainant is not eligible to get the claim, the insurance company should have refunded the premium so received from the complainant.
Under the above facts and circumstances it is understood that the insurance company has negligently overlooked the claim of the complainant which is considered is an injustice to a poor farmer who struggles against the nature to earn his livelihood from farming. From the above analysis it is crystal that the insurance company has grossly neglected and ignored the claim of the complainant shifting their responsibilities to other O.Ps for which the said insurance company is solely liable for payment of the compensation. As per settled provision of law, the party found negligent in discharging legitimate responsibilities shall also bear vicarious liabilities.
Hence Ordered.
ORDER
In the result the complaint be and the same is allowed against O.P No.4 on contest. O.P No.4 is directed to calculate the actual claim according to crop damage percentage of the G.P and pay the compensation amount to the complainant along with Rs.5,00/- as cost of litigation within 30 days of receipt of Order .
The order pronounced in the open commission on the 26th day of February 2021 under seal & signature of the commission.
