All these three appeals bearing number RBR/A/18/2019, RBR/A/23/2019 and RBR/A/24/2019 are directed against the judgments of the Ld. D.C.D.R.F, Coochbehar in DF case no. 30, 31 and 32 of 2013. The subject matter of the three cases are the same and the complainants in three cases are different persons but the Opposite parties of the three cases are the same and same relief has sought for in three cases by the different complainants. So, the appeals was heard against the judgment of the said three cases. A single judgment shall cover the three appeal cases in respect to the CC Case No. 30,31,32 of 2013 delivered by Ld. D.C.D.R.F, Coochbehar. The factum of the case in nutshell is that the complainants are the small farmers by profession and they were maintaining their livelihood through the said cultivations. In the year 2009, they have cultivated jute corps and tobacco crops as small farmers and intended to preserve the corps in the rural godown that is in the Gramin Godown run by Vokteswar Barman, self-help group by paying certain rental charges and intended to sell it in near future. They have obtained loans for such stock of crops rupees 50,000 by each complainant for their products stored in the rural godown and agreed to repay the same loan amount along with interest within the stipulated period which they obtained from the appellant bank that is Uttar Banga Khetriya Gramin Bank of Bhetaguri Branch. The complainants in each case intended to return back their stored items by paying loan amount of rupees 50,000 each along with interest but the appellant bank neither received the loan amount repaid nor the godown owner return back stored items to the complainants. The godown was burnt in a devastating fire on 9/5/2010 for which the entire stored materials were destroyed. Knowing the same incident, the complainants requested the bank to compensate value of their stored items by settlement of the repaid loan amount of rupees 50,000. Their request was not entertained by the Bank Authority and for that reason, they have come before the Ld. Forum for some sought of reliefs they have prayed for. Further case is that the appellant bank after taking pledge of the stored item stocked in the Gramin godown has got fire insurance policy for the period from 6/8/2009 to 5/8/2010 from National Insurance Company and also burglary policy on stock of paddy wheat, jute and seasonal crops. So, the complainant of these three cases filed the complaint cases for seeking relief against appellant Bank that is Uttar Banga Gramin Khetriya Bank, Gramin Godown and National Insurance Company limited. All the three 3 no of opposite parties has contested all the 3 complaint cases. The appellant bank in written statement contended that this Bank has given loan to the small farmers to run their business and tried to help them with intention to prevent them from distress sale but the complainants with ulterior motive has lodged false complaint cases with the intention to avoid the repayment of the loan amount along with its interests. The Gramine godown, that is the proforma respondent of this appeal cases in written version before the Ld. Forum mentions that the said rural godown was approved by the appellant bank and the said Gramin godown was established under the direction of the appellant bank under their active care. So, the Gramin godown has no liability for the loss of the farmers and they have no responsibility to compensate the complainants. The National Insurance Company Ltd. another proforma respondent in its written version mentions that the National Insurance Company Ltd. has issued two insurance policies styled as “storage of seasonal crops” and “burglary policy” for the period between 6/8/2009 and 5/8/2010 in the name of Uttar Banga Gramin Kshatriya Bank and vokteswar Gramin godown.

The further case of the insurance company is that after receiving intimation of fire the company has appointed a surveyor and the surveyor have assessed the loss and the insurance company was agreed to meet the compensation amount for the actual loss assessed and amount of settlement was duly intimated to the appellant bank and also sent them claim settlement voucher in duplicate for arranging payment of the amount but the insured bank have been keeping silence and have not submitted the settlement voucher to the insurance company and as a result  the company has closed the claim file after intimation to the insured and there was no deficiency in service On the part of the company. Ld. Forum has heard the three Consumer complaints analogously and come to a conclusion that the complainants of these three cases  has stored their produced corps in the custody of the Gramin Godown for which the appellant bank and its Chairman has sanctioned a loan of rupees 50,000 for each complainants and the stored crops were duly insured at the instance of appellants bank and Gramin Godown by two policies from National Insurance Company Limited.

After the incident of the fire the claim from was duly filled up and submitted before the insurance company and they have taken all necessary steps for getting insurance claims but after words remained silent. The Ld. Forum has observed that the appellant bank due to their negligence and dilatory tactics could not avail the compensation offered by the National Insurance Company Ltd. it is also observed by the ld. Forum that the appellant bank has intended to sift the liability upon the shoulder of the insurance company. So Ld. Forum has directed to all the opposite parties that  is Op no. 1, 2 and 3 of the three complaint cases to pay each complainants litigation cost rupees 2000, rupees 20000 to each complainants for compensation  of deficiency in service and rupees 5000 each for harassment mental pain  and agony of the complainants since the date of fire incident and also directed the appellant bank to pay 12 per cent of their capital amount on the basis of godown receipts proportionately and in parity with the godown receipts treating the same as investment.

The Ld. forum has also directed the complainants to repay the pledge loan in terms of the loan agreement on completion of the adjustment of the accounts by negotiation and finalisation of the dues. The National Insurance company ltd. Was asked to open insurance claim file in respect of the claim of the appellant and Gramin godown and adjust the account in accordance with law and procedure and settle the procedure within 60 days. Being aggrieved with the order, the Khetriya Gramin Bank has filed the three separate appeals before this Commission. The complainant of three cases, the Gramin Godown and the National Insurance Company were served notice of appeal after the registration of the appeal and they have contested the appeal through their Ld. Advocates. All the three appeals are heard in presence of Ld. Advocates of the appellants as well as Ld. Advocates of the respondents.

Decision with reasons

After hearing the valuable arguments canvased before us  and after consulting the  pleadings of the parties before the Ld. Forum and after perusing the decision of the Ld. Forum, this Commission find that the complainant of the three compliant cases are the small  farmers and they have produced cash crops for their livelihood and in order to sell it in a fair price they have stored their produced items in the Gramin godown after attaining loan amount of rupees 50000 each from the appellant bank as pledge loan.

 Subsequently within a short span of time that is on 9/5/2010, the said stored items was destroyed in a fire. Thereafter on 20/6/2010 they went to the Bank with intention to repay the loan amount and to get back their crops. The case of the respondent/complainants is that they have intended to repay the loan amount but the Bank has deliberately refused to settle the loan account and for that reason, they have lost everything due to the accidents in fire and this  act and omission of the appellant bank  is nothing but Uttar negligence and deficiency of service. The documents produced before the Ld. Forum do not speak that prior to the fire accident, the complainants have ever approached the bank for full settlement of the loan accounts after repayment of loan and for that reason deficiency of the service on the part of the appellant bank is not established at all primarily. They have approached the bank, for settlement of loan account while the accident has already destroyed the stored crops. The negligence of bank established to the score that while the National  Insurance Company assessed the loss by deputing surveyor and the surveyor submitted the report after estimation of the loss and it was duly communicated to the bank for settlement by executing  claim settlement voucher, bank remained idle and the small farmers has lost their entire remaining’s. National Insurance Company had nothing to do in this matter as because they have settled the claim and duly communicated it to the insured bank who did not make any objection over such assessment and has ever challenged the said settlement amount. After hearing these cases, it is also not established that there was any latches or deficiency on the part of the Gramin Godown run by a self-help group of the villagers under the care of appellant bank and all the responsibility entirely lies upon the appellant bank for the loss already sustained by the small farmers.

However, the ordering portion of the Ld. Forum appeared to us very unconvincing one as because Bank has no major fault at their own as because produced crops has lost in fire and they have submitted the claim from to Insurance Company in due time. The Liability and responsibility of the appellant bank also could not be overlooked if we apply our mind judiciously. So, the quantum of awards should be modified to make the order flexible and feasible one to comply.

Thus, three appeals successed in part.

Hence, it is,

Ordered,

That the three appeals be and the same are allowed in part on contest against the all contesting respondents without imposing any cost. The ordering portion of the judgment of Ld. D.C.D.R.F Coochbehar in DF case no 30,31 and 32 of 2013 are hereby set aside and modified to the extent that the appellant bank is directed to settle the Insurance claim with the National Insurance Company within a month and after realisation of the claim amount from the insurance company, the appellant bank shall compensate the value of the goods stored in the godown to the each complainants after adjusting their loan amount of rupees 50,000 and waive the interest of loan which was stipulated in the loan agreement and the appellant bank also are directed to pay extra amount as compensation @ of 12% over the value of stocks of each complainant after deducting the amount of loan for mental pain any agony. The entire process to be completed within two months from the date of receiving the copy of order failing which 9% p.a. as interest will be imposed upon awarded money.

 The National Insurance Company Ltd. Another respondent of these three appeals are directed to reopen the claim files and obtain the claim settlement vouchers from the appellant bank and make arrangement of payments within a month from the date of receiving the copy of order.

A free copy of order to be supplied to the parties and the order be communicated to the Ld. Forum