Date of filing:- 06/05/2019.
Date of Order/Judgement:-27/02/2023.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,
B A R G A R H.
Consumer Complaint No. 27 of 2019.
Jayanta Kumar Rath, S/o. Subash Rath, aged about 43 years, R.o. Village Kesaipali, Ps. Bhatli, Dist. Bargarh.
Complainant.
V e r s u s
State Bank of India, Ambabhona Branch represented through its Branch Manager, At/Po. Ambabhona, Ps. Ambabhona, Dist. Bargarh 768028 (Odisha).
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri D. Acharya, Advocate and Associates.
For the Opposite Party:- :- Bira Kishor Mahapatra, Advocate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agarwal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.27/02/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w):-
- The case of the Complainant is that the Complainant obtained crop loan from the OP / Bank and got KCC Bank Account No. 33622043400 in the branch of Op/Bank. The Complainant obtained crop loan for Ac 4.46 dec of land from the OP / Bank and the opposite party has financed an amount of Rs.1,00,000( Rupees one lakh ) only towards crop loan to the complainant in the year 2017 for Kharif and the complainant had cultivated paddy crops over the said land that, for financial security Govt of India has implemented benefits under Pradhan Mantri Fassal Bima Yojana (PMFBY) for the paddy crop inter alia other crops and as per the said PMFBY guidelines every farmers who have availed crop loans re required to be compulsorily covered under the scheme. The Complainant had withdrawn Rs.95, 000 (Ninety five thousand) only out of the finance amount of Rs.1, 00,000(Rupees one lakh) and left Rs.5,000 (Five thousand) only in the account of the opposite party ,so that the premium amount for insurance can be debited to the opposite party.
For adverse weather condition the Govt. declared 83.21% crop damage in Kesaipali G.P. under Bhatli Block. During last part of October 2018 the complainant learnt that fellow farmers got the compensation, The complainant in writing on Dt. 2/11/2018 approached the Opposite Party to disburse his compensation .On Dt.3/11/2018 the complainant visited the branch office where the Op tried to obtain his signaturefraudently.Complaint was made to the Regional Manager ,SBI,Collector , ,PMO and on Dt.20/3/2019 the complainant received a letter from op vide Letter No.BR/351 that the complainant had not paid any premium amount for crop insurance for Kharif 2019 and he is not entitled for any claim of compensation . As per declaration by the govt. the complainant is entitled to get 83.21% of the sum assured of ,Rs. 60,000 ( Rupees sixty thousand ) only per hectre i.e, Rs.49,926( forty nine thousand nine hundred twenty six ),he is entitled to get Rs, 89,068( Rupees eighty nine thousand and sixty eight
)only as compensation. The Opposite party deferred the same on different pretext and ultimately refused to make payment. Being harassed the Complainant sought redressal before this Commission.
- The case of the Opposite Party SBI,Ambabhona Branch in its version submitted that the Complainant had availed crop loan from the Opposite party /Bank and got a KCC vide Account No 336220434400 in the op bank. The complainant is a loanee farmer and he withdrew Rs.95, 000 (Ninety five thousand) out of the finance amount of Rs.1, 00,000(Rupees one lakh) and left Rs.5,000 (Five thousand) only in the account of the opposite party ,so that the premium amount for insurance over Ac .4.46 dec of land is not admitted. The op has further submitted that out of Rs.5,000( Rupees five thousand ) only the CBS system of the op/Bank automatically debited Rs.4,868 (Rupees four thousand eight hundred sixty eight) towards interest for the loan amount and left Rs.132 (Rupees one hundred thirty-two) balance was lying in the loan account for which Rupees 1,152(one thousand one hundred fifty two) premium for PMFBY could not be debited, whereas the sanctioned limit was Rs. 93,170 (Rupees ninety three thousand one hundred seventy) for withdrawal of the amount. The Govt. declared 83.21% in Kesaipali gram panchayat under Bhatli Block ,it is further submitted by op that there is no loaned properties of Ac.4.47 dec of land at Kesaipali GP which he has got at mouza Sukuda which is recorded in the name of complainant and his late brother.In this case the complainant has insurable interest over the notified crop stnding over Ac.2.39 dec i.e, 0.96 hector for which the op has sanctioned /renewed KCC limit since 2014, but the complinant urged to insure the entire 4.76 dec wherin the legal heirs of the deceased brother have one interest and who had not given their consent. Thus,it had been a right claim of only 0.96 hector and as the op bank has not committed any deficiency in providing service to the complainant the complaint deserves to be dismissed with cost.
- Perused the documents filed by the parties and the following issues are framed:-
I S S U E S
- Is the Complainant not a consumer of the Opposite Parties ?
- Whether the Complainant is entitled for the claim for deficiency in service ?
- What relief the Complainant is entitled for ?
Issue No.1 :-
The Complainant is having a KCC Account bearing no 3362043400 with the Opposite party SBI , Ambabhona Branch and availed crop loan during Kharif 2017 in respect of paddy crop interalia other crop Accordingly, the Complainant is a consumer of the Opposite Party as a Loanee farmer .
Issue is answered accordingly.
Issue No.2:-
During Kharif 2017, the complainant availed a loan amount of amount of Rs.1, 00,000(Rupees one lakh). The complainant is a loanee farmer and on Dt.22/07/2019 he withdrew Rs.95, 000 (Ninety five thousand) and left Rs.5,000( Rupees five thousand ) for the insurance premium .On Dt. 31/07/2019 an amount of Rs.4,868 (Rupees four thousand eight hundred sixty eight) was deducted towards interest from the said account. The OP submitted that due to non-availability of funds the premium amount cannot be deducted. The stipulated cut-off date for premium was 31/07/2019 ,subsequently the amount of Rs.5,000 was available in the complainant’s bank account till 31/07/2019,so it is the duty of the OP/Bank to debit the insurance premium towards crop loan.
In the collection of proposals and premium from farmers guidelines it is a special condition that, Those farmers whose date is uploaded on the National crop. Insurance portal shall only be eligible for Insurance coverage and accordingly the premium subsidy will also be released. In cases where farmers are denied crop insurance due to incorrect/partial/non uploading of their details on portal, concerned Banks/intermediaries shall be responsible for payment of claims to them..
After perusal of the loan application form and the ROR submitted by op/Bank it reveals that the total area in acres of land record is 4.77 acre in the name of the complainant and his brother where the share of the complainant is 2.39 acres i.e, 0.96 hector of land in Kesaipali and Sukuda.
The insurance coverage for the scale of finance was Rs. 60,000 ( Rupees sixty thousand ) only per hector.The crop was insured for 0.96 hector of land .The crop damage was 53% as declared by Govt. for kharif 2017 -2018 in Sukuda it means the insurance subsidy comes to Rs. 30,528( Rupees thirty thousand five hundred and twenty eight) only .
In the present complaint the concerned op/Bank is responsible for insurance coverage and due to non-settlement of claim the complainant is harassed and could not get the benefits in time like other farmers of the locality.
The issue is answered in favour of the Complainant.
Issue No.3:-
As discussed supra the Complainant is entitled for the relief claimed. The Opposite Party is deficient in its service by not debiting the insurance premium within the stipulated time.
Accordingly it is ordered.
O R D E R
The Complaint is allowed on contest against Opposite Party SBI ,Ambabhona Branch. The Opposite Party is directed to pay the insurance claim amount of to Rs. 30,528( Rupees thirty thousand five hundred and twenty eight) only,along with 9% interest p.a w.e.f from Dt.31/07/2017 to the Complainant within one month from the date of this Order. Further, the Opposite Party is directed to pay Rs.10,000/-(Rupees ten thousand) only compensation for harassment and Rs.5000/-(Rupees five thousand) only litigation expenses. Failing which, the entire amount will carry 12% interest per annum till realization. The complainant is directed to deposit Rs.1,830/-(Rupees one thousand eight hundred thirty)only in the KCC which he has drawn more than the maximum limit of Rs. 93,170/-(Rupees ninety three thousand one hundred seventy)only within one month of this order.
Order pronounced in open court on this 27th February 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree/-
( Smt. Jigeesha Mishra) (Anju Agarwal)
Dt.27/02/2023 Dt.27/02/2023.
P r e s i d e n t M e m b e r (w)
UPLOADED BY
(SRI DUSMANTA PADHAN)
OFFICE ASSISTANT
