1. This is an application U/s-12 of the C.P Act filed by the Complainant alleging deficiency-in-service by the O.P.

                  2. Complainant is stated to be a Sr. Citizen & B.P.L Card Holder; whereas O.P is the State Bank of India being represented through its Branch Manager, Srirampur Branch, At-Uitikiri, Dist-Balasore. Complainant’s case, in brief, is that he has a bank Account bearing No.31794125786 in the O.P-Bank. He had availed an agricultural loan from the O.P-Bank. The Modified National Agriculture Insurance Scheme (MNAIS) was implemented by the Govt. of India for crop insurance in the district of Balasore during Kharif 2013. State Govt. notified all the Panchayats of Balasore Sadar block under the scheme. All the Banks are to submit declaration to the Agricultural Insurance Company by 31.07.2013; such as, in case of failure of crops in the notified area, the Insurance Company will pay the crop insurance to the Loanee/Farmers. It is stated that, Complainant availed agricultural loan from O.P to the tune of Rs.49,987/- on 01.06.2013 within the cut-off date for the Kharif season 2013. But the O.P-Bank did not submit the declaration of the Loanee-Farmers for the benefit under the MNAIS, as a result of which the Complainant was debarred to obtain crop insurance though his crops were damaged due to ‘Phailin’ 2013. As per the statistics, 99% crops in the Mouza-Srirampur under Sadar block of Balasore district got damaged due to "Phailin". As such, the Complainant should have received crop insurance benefit to the tune of 99% as against his agricultural loan amount of Rs.49,987/-. So, he filed this C.D Case claiming the crop insurance amount along with compensation for his mental agony & deficiency-in-service in the hands of the O.P/Bank.

                  3. O.P filed its written version challenging the maintainability of the C.D Case & denying the entire case of the Complainant. It's specific case is that O.P sanctioned Kissan Credit Card (KCC) loan of Rs.50,000/- to the Complainant on his loan application dt. 18.06.2011. Complainant availed the loan by signing the sanction letters on 06.06.11; thereby he accepted the terms & conditions laid down in the sanction letter. He also executed an Hypothecation Agreement on the same date. Sofar the crop insurance is concerned, the Loanee has to renew the Kissan Credit Card loan account annually before due date for a period of 3 years or 5 years. The renewal may continue with modified terms. It is further pleaded that, as on 01.06.13, the Complainant had withdrawn Rs.51,900/- keeping a debit balance of Rs.49,987/- leaving a balance of Rs.13/- only in his loan account. Hence, there was no question of payment of crop insurance premium of Rs.1,125/- exceeding the limit of Rs.50,000/-. It is therefore, stated that the Complainant is laying false claim of crop insurance of Rs.49,487/- & payment of compensation is stated to be baseless. Accordingly, it prays for dismissal of the C.D Case.

                  4. We have heard the Advocate for the Complainant. He submits that, the crop insurance is compulsory & the bank has to make a declaration in case of the farmer, who is an agricultural Loanee under Kissan Credit Card. It is submitted that, there should be renewal of the agricultural loan account annually against the benefit of crop insurance. The bank has further submitted that as on 01.06.13, the Complainant had only Rs.13/- as balance. Advocate for the Complainant submits that, the Bank did not keep the Pleader notices of the Complainant on 28.07.14, which is an admission of the bank that knowingly they did not give the declaration to the Agricultural Insurance Company at the right time. Advocate for the Complainant has filed the photocopy of the resolution of the Govt. of Odisha in Cooperation Department dt.02.07.14, which relates to Modified National Agriculture Insurance Scheme (MNAIS), which is to be implemented for the Kharif crop season 2014, on the other hand, the claim of the Complainant relates to Kharif crop season 2013. It is clearly mentioned in the resolution dt.02.07.14 that earlier Resolution No.4809, dt.21.06.14 is de-notified. It relates to "Rashtriya Krishi Bima Yojana" during Kharif crop season 2014, in place of MNAIS issued earlier. So the Complainant cannot take advantage of the rules under the Resolution dt.02.07.14. He should have filed the earlier resolution of the Department, which should have been implemented for the Kharif crop season 2013 for the purpose of his case. Moreover, to take advantage of the rules of the earlier resolution, he should have mentioned the areas to be covered, the crop to be covered, the yield data, the claims & sum insured according to the earlier resolution. Now, therefore, it cannot be said that the crops raised by the Complainant in the year 2013 Kharif season was damaged by the 'Phailin' 2013, such crop covered under the crop insurance scheme of that year, extent of damage sustained by the Complainant. Yield data is also to be submitted by the Authority & the bank is to furnish the declaration compulsorily in that year. Necessary procedure is to be adopted by the Govt. machinary as well as the Bank Authority. In absence of procedure of the year, it cannot be said that Complainant suffered deficiency-in-service in the hands of the O.P, for which he sustained loss of the crop insurance, if receivable in that year.

                  5. Hence, we find no merit in the case of the Complainant & dismiss the same & in the circumstance without cost.

                      Pronounced in the open Court this the 19th day of August, 2015 given under my Signature & Seal of the Forum.