DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI AT BHAWANIPATNA.
C.C. 23 OF 2017
Date of order 16th March,2018
PRESENT:-
Sri Aswini Kumar Sahoo, M.A, LL.B OSPS(I) Sr. Retd. President.
Sri Ashok Kumar Patra, Retd. O.I.S ( I) Member.
Smt.Bhawani Pattnaik,M.A,LL.B,PGDCLP, Member
Mahandra Sahu, aged about 58 years, S/o Late Purandar Sahu, At: Burat P.O.Ghantmal, P.S.Narla, Dist. Kalahandi, Odisha.
.….Complainant Versus
Branch Manager, Bank of India, Narla, At/Po/Ps Narla, Dist. Kalahandi, Odisha. …..Opp.Party
For the Complainant:Sri S.K.Sahu & Associate Advocate, Bhawanipatna.
For theOpposite Party: Sri S.K.Agrawal, Advocate, Bhawanipatna.
JUDGEMENT
The facts of the complaint in brief is that the complainant is a farmer by profession and he availed agricultural loans KCC loan of Rs.80,000/- from the OP Bank vide A/c No.514276310000041 and as per the guidelines of National Agricultural Insurance Scheme the loan amount of the farmer must be covered with insurance but due to the negligence of the OP Bank the agricultural insurance premium of the complainant was not deposited by the OP Bank as such the complainant could not avail the insurance amount for the Kharif Season 2015 and the complainant was deprived of to avail the insurance amount and the complainant is entitle to get the insurance amount of Rs.60,800/- as crop loss insurance amount. When the complainant could not get his insurance amount he enquired the matter on 12.01.2017 and came to know that the agriculture crop insurance premium could not be remitted by the OP Bank as such the OP Bank is deficient in giving service to the complainant and the complainant has suffered financial loss and mental agony and hence prayed to direct the OP Bank to pay the insurance amount of Rs.60,800/- as crop loss and direct the OP to pay compensation of Rs.5,000/- towards mental agony and any such other relief as the forum deem fit and proper. Hence, this complaint.
Being noticed the Opp.Party appeared through advocate Sri S.K.Agrawal and filed written version stating therein that the list for sending the crop insurance premium for the loanee was 30.09.2015 and when the bank wants to debit the amount from his loan account it was noticed that there was no amount balance in his account and for that the Bank could not debit the premium amount from the account and as such the same could not be sent. The crop loan is a short term loan and after every crop season the borrower has to give an application in the Bank to renew the said loan accounts and in the case of the complainant the borrower has not submitted any such application and for this the account was closed and as such there was no deficiency on the side of the OP Bank. It is further submitted by the OP Bank that if the complainant had any interest to insure his crop then he should come to the branch and enquired about the status of his account but when the percentage of crop loss was declared by the company the complainant even though he had no money in his account the bank is bound to insure the crop and have filed this case to grab money. The claim of the complainant is barred by limitation and there is no cause of action and deficiency in service from the side of the OP and such the complainant is not entitled for any compensation and cost and hence prayed to dismiss the petition with cost against the OP.
F I N D I N G
From the averment of both parties and document available on record and hearing argument of both the parties the main and only point for consideration is that whether the renewal of crop insurance by the complainant due to non submission of document as per requirement of the OP is genuine or not ?
It is admission case of both the parties that the complainant is a customer of the OP Bank and had availed agricultural loan from the OP Bank . The allegation of the complainant is that it is the duty of the OP Bank to insure the agricultural loan availed by him but the OP bank negligently not insured crop loan of the complainant for which he was debarred from getting the crop insurance though his agricultural land was declared drought by the State Government.
It is submitted by the OP Bank that the complainant has not given any written instruction to the OP Bank to insure his crop loan and also not done his documentation work for which the crop loan of the complainant could not be insured. After hearing both the parties, one question arose in our mind if the complainant has not given any instruction to the OP Bank to insure his loan, what step the OP bank has taken to inform the complainant and if the complainant has not done documentation work, whether the OP Bank has intimated and asked for submission of documents to the complainant for crop insurance . But in this case, the OP Bank has not asked for any documentation work. It is alleged by the OP Bank that on the date of sending the crop insurance premium i.e. dt.30.09.2015 there was no amount balance in the account of the complainant and as such the OP Bank could debit the premium amount from the account of the complainant. But on perusal of the Statement of Account filed by the complainant, it is noticed that on 30.09.2015 there was a balance amount of Rs.80,061.59 in the account No.514276310000041 of the complainant and how the OP Bank has taken stand that on the last date of sending premium amount there was no balance in the account of the complainant. When the complainant is having sufficient balance in his account, it is the duty of the OP Bank to deduct the insurance amount from his account and asked for documentation to safeguard his loan amount but in this case the complainant has not done which amounts to deficiency in service on his part and the OP Bank is liable to pay the insurance amount which the complainant eligible to get from the Government and the OP Bank is also liable to pay monetary compensation for the sufferings undergone by the complainant due to negligent of the OP Bank.
The National Agriculture Insurance Scheme provides indemnity based on yield date, scientifically ascertained by crop cutting experiments. If the actual average yield of a notified crop in a notified area is less then “threshold yield” for the area, all the concerned farmers whose crop loans have been insured will became eligible for compensation only up to the sum insured. If there is no shortfall in the wield no farmer will get any claim. The complainant placing reliance upon the notification of the government of Odisha in the department of Revenue and Disaster Management. We have gone through the prayers provided by the complainant there was failure the paddy crop on account of severe drought in their locality. But due to the negligence of the OP Bank the complainant was not compensated.
The complainant has filed the Copy of Notification dt.03.05.2016 of Government of Odisha Revenue & Disaster Management Department wherein the village in which the land of the complainant exist has been declared as draught affected area for the tune of Crop loss of 33% on the basis of crop cutting experiment. The complainant has also filed crop cutting report regarding crop loss of village Burat to the tune of 57.76%. So taking the same into consideration and the amount of loan i.e. Rs.80,000/-, the loss comes to the tune of Rs.46,208/- which the complainant is entitle from the Opposite Party.
The Hon’ble Apex Commission for Consumer In FA No.362/06 titled as “Agriculture Insurance Company India Limited Versus The Farmers Cooperative Society” in a similar case held that “ In our view such scheme are to be made flexible and not to rigid so that the benefit of the welfare scheme reaches the concerned persons and the objects of the scheme is not frustrated”.
What we mean to say is absolutely there is no convincing evidence on record to infer that, the guidelines laid down in the said scheme were meticulously followed by the opposite parties.
From that view of the matter, we have come to the conclusion that the Ops are remained deficient in rendering services to the complainant within the purview of the C.P.Act. Hence, it is ordered.
ORDER
The Opposite Party Bank is directed to pay the crop insurance amount as per Government of Odisha Revenue & Disaster Management Department Notification @ 57.76% i.e. Rs.46,208/-which the complainant is eligible as per the percentage fixed by the Government for the said G.P for the Kharif year 2015 where the complainant’s land is situated within a period of two months from the date of receipt of this order failing which the Opposite Party is liable to pay interest 9% p.a. on the above awarded amount till the date of its payment.
Pronounced in open forum today on this 16th day of March,2018 under the seal and signature of this forum.
Member Member President
Documents relied upon:
By the complainant:
- Copy of ROR
- Copy of Statement of Account
- Copy of rent receipt
- Copy of Notification dt.3.05.2016
By the OP: Nil
President
