Orissa

Jajapur

CC/91/2018

Maheswar Sahoo - Complainant(s)

Versus

Secretary,Kotapur Seva Samabaya Samiti. - Opp.Party(s)

Manash Kumar Dash

28 Aug 2020

ORDER

 IN  THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION , JAJPUR.

                                                        Present:     1.Shri Jiban ballav Das, President

                                                                           2.Sri Pitabas Mohanty, Member,

                                                                           3.Miss Smita Ray, Lady Member.                       

                                             Dated the 28 th day of  August,2020.

                                                      C.C.Case No. 91  of 2018

Maheswar Sahoo  , S/O  Late Dasaratha Sahoo   

Vill . Sananahanagara   P.O.  Kotapur , P.S. Dharmasala

Dist. Jajpur  

                                                                                                   ……....Complainant .                                                                                      

                                                  (Versus)

1.Secretary ,Kotapur  Seva Samabaya Samitee. At./ P.O.Kotapur

P.S.  Dharmasala  , Dist.Jajpur.

2.Branch Manager,Cuttack Co-operative Bank  Ltd, Dharmasala

At/P.O. Jaraka , P.S. Dharmasala ,Dt.Jajpur.

3. Manager,Cuttack Central Co-operative Bank ,Ltd  Nimchouri,

Cuttack.

4.Odisha State Co-operative Bank, Ltd Pandit Jabaharlal Nehuru Marg

Bhubaneswar,Dt. Khurda .

                                                                                                                              ……………..Opp.Parties.                                                                                                                                             

For the Complainant:                                        Sri M.K.Dash, Advocate .

For the Opp.Parties No. : 1                                Self .(exparte)

For the Opp.parties No.: 2                                  Self.(e3xparte)

For the Opp.parties No   3 and 4                        None.                           

                                                                                                     Date of order:   28.08 .2020.

MISS  SMITA  RAY  , LADY  MEMBER  .

            Deficiency in service of co-operative society is the grievance of the petitioner .

            The fact as per complain petition as stated by the petitioner is that the petitioner is a farmer and also a member of Kotapur Seva Samabaya Samiti .The petitioner availed a loan of Rs.50,000/- on dt. 28.07.17 and on the same day the petitioner deposited Rs.1220/- for crop insurance vide cheque No.1044940 before the O.p.no.2. That in the mean time  Govt has announced subsidy 30% for Kotapur G.P for farmer who have insured in the year 2017. The subsidy circular order the B.M. Co-operative bank, Dharmasala  published beneficiary list the petitioner came to know about that list. The petitioner asked to Secretary Kotapur Seba Samabaya Samiti regarding his name in the said list but the Secretary replied that his Insurance covered for vegetable cultivation and the said matter is not within his working time and the Insurance has been done by the previous secretary . Thereafter the petitioner lodged a complaint before President of Kotapur Seva Samabya Samiti and B.M Cuttack Central Co-operative Bank , Dharmsala and ARCS jajpur and D.R.C, Cuttack but no reply or no fruitful result come out. Accordingly finding no other alternative the petitioner filed the present dispute before this commission and prayed that to direct the O.Ps to solve the above problem of the petitioner as well as to pay the Insurance amount of the petitioner with interest.

            After notices the O.p.no.1 and 2 himself present but fails to file any objection / written version against the complaint petition. The O.P.n.3 and 4 neither appeared nor filed any objection or written version. Hence they have been set-exparte vide order dt.07.03.19 by this Commission.

            On the date of  hearing we heard the argument from the said of the petitioner.

            After perusal of the record and documents in details it is undisputed fact that the petitioner is a farmer and also a member of O>p.no.1 and availed agriculture loan from O.pno.2 for a sum of Rs.50,000/-.

2. The petitioner claimed that he has deposited Rs.1220/- vide cheque bearing no.1044940 before the O.p.no.2 for crop Insurance .

3. It is undisputed fact that the crop insurance is a mandatory provision of any agricultural loan sanctioned by Co-operative Bank .On the other hand the O.P.no.1 and 2 have appeared but fails to file any objection or written version  within the stipulated time fixed by this Commission . Hence there is no option remain before this Commission to accept the uncontroverted statement mentioned by this Commission as observation of Hon’ble State Commission and National Commission stated below:

2003-CLT-V0l-96-p,15-para-4 –C.D.no.37/02, SCDRC, Odisha, wherein it is held that

“Absence of written version  commission is bound to accept the uncontroverted  statement made in the complaint petition “.

            2013(1)CPR-507-N.C , wherein it is held that :

            “ In case written version  not filed after  several opportunity it has no defense on merit “.

Hence this order

            The O.p.no.1 and 2 are directed to pay the Insurance claim of the petitioner ,   in case Kotapur G.P  has been declared  subsidy  as per grievance of the petitioner   within one month after receipt of this order, failing which the petitioner is at liberty to take action as per law.

            This order is pronounced in the open Commission on this the 28th   day of  August,2020. under my hand and seal of the Commission.