Orissa

Sambalpur

CC/5/2018

Sri. Kshyamasila Bhoi - Complainant(s)

Versus

The B.M. of Punjab National Bank. - Opp.Party(s)

25 Jul 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 5/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

 

Sri. Kshtamasila Bhoi,

S/O-Lakshaman Bhoi.

At-Mura, Po-Sanghamal ,PS-Sason,

Dist- Sambalpur, Odisha.                                                                 …..Complainant

Vrs.

 

The Branch Manager, Punjab National Bank,

Parmanpur Branch, Parmanpur,

Dist-Sambalpur, Odisha.                                                                    ….Opp. Party

Counsels:-

1. For the Complainant   :-Sri. M.K.Sahoo & Sri. J.R. Pradhan, Advocate &
2.  
2. For the O.P.s                 :- Dr. M. Panda, Advocate .

 

DATE OF HEARING :xxxxxxx, DATE OF JUDGEMENT : 25.07.2022

Presented by Sri Sadananda Tripathy, Member.

1. The case of the Complainant is that the Complainant has been financed with agricultural loan from Punjab National Bank, Parmanpur Branch vide Loan A/C No. 269800000959 INR 269800, which was to be paid as installment basis. An amount of Rs. 1, 00,000/- was given to the Complainant on crop loan by the O.P No. 1 against the mortgaged land of Complainant. As per the Government guideline, the Bank who has financed the aforesaid loan should insured the seasonal cultivation against which loan been sanctioned by deducting the premium amount from the loan account of the Complainant. In the year 2015 (Kharif) the cultivation became ruined due to short fall of rain, as such the Complainant got a huge loss in the seasonal cultivation during the said year 2015. However the Complainant remained relaxed because he was of the view that his crop (Kharif) has been insured through O.P and he will be compensated through Govt. insurance. To get compensation towards the aforesaid loss, the Complainant approached the O.P on 15.09.2016 as his crop was insured as per Government guidelines. But to his utter surprise the O.P refused to give him any compensation. On his further inquiry the Complainant came to learn that the premium to insure his seasonal crop has not been deducted from his loan account by the O.P for which he was not considered to be eligible to get compensation for the damaged crop. The Complainant along with other borrowers of same type of loan visited the Branch on 20.09.2016 to enquire about the matter and to their astonishment they came to know that premium of insurance towards the crop have not been deducted from their respective account.  On demand by the O.P the aggrieved customers including the Complainant submitted a letter on 30.01.2017 to the O.P against such irregularities of the O.P. Due to the gross negligence of the O.P the said crop of the Complainant could not be insured in due time, for which he was prevented to get his legitimate compensation amount which was 34% of loan amount which was declared by the Govt. for the loss due to short fall of rain.  In order to conceal their fault, the O.P avoided the repeated of the Complainant and given him date after date and at last also offered the Complainant to take another loan of Rs. 5,00,000/- as a consolation relief to their previous mistake. Due to negligence of the authority of O.P, the Complainant has suffering a lot both mentally and physically because he and his entire family depends on the cultivation and they have no other source of income.

 

2. The O.P did not give his version in time and also the Advocate for the O.P. has appeared without V.nama & several times prayed for time. So the case is ordered on merit.
3. Perused the account statement of the pass-book filed by the Complainant. Compulsory deduction of premium is to made by the financing Bank for NAIS. In the present case the O.P. neither deducted the amount nor remitted the premium to the Insurance Company As a result the Complainant debarred to get the crop insurance amount as declared by the government. Accordingly the O.P. is deficient in its service. It is ordered:
4.  It is ordered that the Complaint Petition filed by the Complainant is allowed on contest. The O.P is directed to pay the loan amount Rs. 50,000/- along with up-to-date interest from the date of withdrawal, be reimbursed to the Complainant, Rs. 20,000/- towards mental agony and deficiency in service within 30 days from the date of this Order, failing which the amount will carry interest @ 9% per annum till realization.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                

Order pronounced in the open Court today on 25^th day of July, 2022.

Free copies of this order to the parties are supplied.