Heard learned counsel for the appellant. None appears for the respondent.

2.      Here is an appeal filed u/s 15 of the erstwhile Consumer Protection Act, 1986 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.   The unfolded story of the complainant is that the complainant has insured his khariff crop for the year 1999 – 2000 through the OP because OP is the Banker of the complainant. It is alleged inter alia that due to super cyclone the entire crops were damaged in 1999. Complainant has already deposited Rs.100/- with the OP to remit the same as premium to the insurer. It is alleged inter alia that OP sent Rs.100/- in late for which the insurer refused to accept the same. Due to delay payment the complainant suffered from mental agony and harassment. So the complaint was filed.

4.      OP did not appear in spite of notice served on them.

5.      After hearing the complainant, learned District Forum passed the following order:-

                              “xxx   xxx   xxx

6. Complaint of the complainant is allowed with compensation and cost.

i) The OP is directed to pay a sum of Rs.5,000/- (Rupees five thousand) for mental agony to the complainant and Rs.300/- (Rupees three hundred) only for expenses of the proceeding within two months from the date of receipt of the order.”

6.      Learned counsel for the appellant submitted that  the learned District Forum has not applied  the proper law and fact. According to him the duty of the complainant is to deposit the premium but not the Bank. However, he submitted to set aside the impugned order by allowing the appeal.

7.      Considered the submission of learned counsel for    the appellant and perused the DFR including the impugned order.

8.      It is admitted fact that the complainant asked the OP – Bank to deposit the premium of Rs.100/- for insurance of the crops. As per instruction Rs.100/- was deducted from the account of the complainant but it was not paid on time to the insurer resulting non-disbursement of the  compensation amount to the complainant. Learned District Forum has already analyzed the case in proper perspective. We do not find any error in the impugned order. Hence, the impugned order is confirmed and the appeal stands dismissed. No cost.

           DFR be sent back forthwith.

           Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.