JUDGMENT

 Sri A.K.Patra, President

1. The captioned Consumer Complaint is filed by the complainant named above inter alia alleging negligence & deficiency in service on the part of Opposite Parties for non release of crop insurance benefit under Pradhan Mantri Fasala Bima Yojana (PMFBY) on account of loss of paddy crop grown in Kharif 2021.
2. The complainant seeks for an order directing the Ops to exempt from payment of loan amount and award of compensation of Rs. 3,00,000/- towards financial loss & mental agony/ harassment along with cost this litigation.
3. The factual matrix leading to the case of the complainant as submitted by the complainant & emerged from the case record is that, the complainant is a farmer by occupation holding KCC (kisan credit card) with Op 1/ICICI Bank, Bhawanipatna vide A/C No. 077751000006. He had cultivated paddy crop over his agriculture land under Khata No.23 of village/Mouza :Baragaon under Kalam G.P , P.S./Tahasil- Bhawanipatna  during Kharif 2021 taking agricultural loan from  the Op1/Bank. He has deposited Rs.2000/- on dt.30/07/2021 in his said KCC account there with the Op1/Bank towards insurance premium under PMFBY for insurance of said paddy crops grown during Kharif: 2021 .The complainant further submitted that, said paddy crops grown in  Kharif:- 2021 got damaged @97 % due to shortage of rain for which  Govt. declared draught in his locality, accordingly  co-villagers have already received their entitlement of crops insurance benefit under PMFBY but the complainant  has not yet received his entitlement of crops insurance benefit. The complainant on dt. 03/06/2023 came to know from his afore said KCC account statement that, on dt.01/06/2023 the AIC/OP3 has refunded PMFBY insurance premium of Rs.970.58 /-and, further know that the Bank/Op1 has deducted Rs.2050 .20/- on dt.13/12/2021 from the afore said KCC account of the complainant towards insurance premium PMFBY. It is alleged that, due to negligence & deficient services there on the part of the Ops the complainant has not yet received his entitlement of insurance benefit .Hence this complaint.
4. To substantiate his claim the complainant has filed a self attested photo copy of account statement Dt. 03/06/2023 vide A/C ID No. 077751000006(KCC: KISAN CREDID CARD), copy of his Adhar Card Vide No. 9947 1464 5494, Copy of ROR Vide Khata No 23 of Mouza: Bargaon,PS-Bawanipatna ,Dist-Kalahandi(Odisha). The averment of the complainant petition is supported by an affidavit of the complainant Ramani Ranjan Majhi .
5.  On being notice, the Op 1(one)/Bank appear through their learned counsel Sri.M.R.Mohanty and filed their written version denying the complaint allegation.
6. The Op1/Bank has not disputed that, the complainant is an account holder (KCC) of their bank has availed agriculture loan. The Op1/bank, with respect to the premium payment of the complainant under PMFBY, submitted that, the premium amount of 2052.20/- was debited on 13^th December 2021 with respect to complainant’s crops insurance pertained to premium for Season Rabi:2021 .
7. To substantiate his version the Op 1/Bank has filed the self attested true copy of details of the insurance premium paid under PMFBY for Rabi 2021 marked as Annexure-A and other related credit documents pertaining to Complainant’s  KCC loan vide  marked as Annexure -B series  of their written version. The written version is supported by an affidavit of one Sanjeet Mishra, the Branch Manager , ICICI Bank Ltd, Bhawanipatna.
8.  The OP 2(two ) appeared in person and submits his written version  vide his  office latter No.01/Agril.dt.01/01/2024 stating there in that, during Kharif 2021-22 Kalam GP of Bhawanipatna block was declared as @87.7% short fall yield as provided by AIC/op3 remain undisputed.
9. The Op 3(three) appeared through their learned Counsel Shri P.K.Bhoi but failed to file their written version. However, the Op3 was allowed to take part in the further proceeding/hearing of this complaint.
10. Both the complainant as well as Ops found absent on call on the date fixed for hearing .However, in view of section 38(3) of C.P.Act 2019 this consumer complaint is decided on merits.
11. Perused the material available on record. We have our thoughtful consideration on the contentions of both the rival parties.
12.  The complainant, though not appeared on the date fixed for  hearing, he has already filed his additional affidavit evidence as prescribed under C.P Act 2019, the contention of which are corroborating with the averment of the complaint petition  remain un-rebutted ,hence the contention of complainant averment is proved on affidavit .
13. Revised guideline of PMFBY and most specifically on the clause Para 17 of revised PMFBY  casts a duty on the Bank that: -” the Bank are required to upload the details of insured farmers’ data mandatorily on the National Crop Insurance Portal . The concern branches of the Bank and Nodal Banks/DCCB in case of PACS will upload the details of the individual insured famer (Both Loanee & Non-Loanee) like farmers’ name, Fathers name ,Account Number, Aadhar Number ,Village ,Categories-Small & Marginal /SC,ST /Women insured area , details of insured land , insured crop(s) etc. as prescribed in online application on National Crop Insurance Portal and CBS integration mandate and submit the same within stipulated cut-off-date as per the seasonally discipline/The Banks /PACS must also ensure the premium amount is remitted to the concerned insurance company electronically within the stipulated time” .
14. Point No. 35.5.8 in Revamped Operational Guideline of PMFBY :-“Lead bank/Administrative officers of Banks should ensure that all farmers sanctioned crop loans/seasonal operational loan /KCC Loan for notified crop(s) are necessarily insured (except those opted out) and strict adherence of all conditions stated in the Operational Guideline of the Scheme .No eligible farmer should be deprived of an insurance cover .Lead banks/Administrative Officer of the Banks therefore, should make all efforts and pursue their branches for enrolling all eligible loanee farmers and interested non-loanee farmers under crop insurance. In case, claims have arisen during crop season then respective defaulting bank and its branch would be made responsible to make payment of admissible claims to loanee farmers who were deprived of insurance cover”
15. The Op1/Bank has not disputed that, the complainant is a KCC account holder of their bank and that, he  has availed agriculture loan. Nothing cogent evidence placed on the record to hold that, the complainant has ever “opted out” from PMFBY rather, it is proved on affidavit evidence of the complainant that, the complainant had grown paddy crops over his agricultural land under  Khata No.23 of village/Mouza :Baragaon under G.P:- Kalam,P.S./Tahasil- Bhawanipatna  during Kharif 2021 and  has deposited Rs.2000/- on dt.30/07/2021 in his KCC account vide no.077751000006 there with the OP1/ ICICI Bank, Bhawanipatna for the purpose of insurance under PMFBY and intimated those facts to Debasish Behera, than was the     Branch Manager of ICICI Bank Ltd, Bhawanipatna remain un rebutted.
16. Nothing cogent evidence is placed on record to hold that, the complainant /farmer has opted out for insurance Kharif 2021 under PMFBY.
17. Nothing provision there under PMFBY is shown and no cogent evidence is placed on record to hold that, one who opted for  insurance of his Rabi crops shall precluded to get insured of his Kharif crops.
18. Nothing cogent evidence is placed on record to hold that insurance premium is successfully remitted to the AIC/OP No.3 by the Op1/Bank  within the time period as prescribed though it is proved that, complainant has deposited required premium on dt.30/07/2021 in his KCC account vide no.077751000006 under PMFBY .
19. On being asked the OP No.2/Chief District Agriculture Officer, Kalahandi, Bhawanipatna vide his office his  office latter No.01/Agril.dt.01/01/2024 submits that,  during Kharif 2021-22 Kalam GP of Bhawani block was declared as @ 87.7% short fall yield as provided by AIC/op3 remain undisputed. Further the OP No.2/Chief District Agriculture Officer, Kalahandi, Bhawanipatna vide his office letter  No.4836/Agril.dt.12.03/2024 informed this Commission and confirmed that, the sum insured for farmer share of premium of Rs.2050/- in Kalahandi district under PMFBY Kharif 2021 will be Rs.1,02,510/- as shown in the PMFBY portal remain un-challenged  /un-rebutted.
20. The complainant /farmer have suffered crop loss of 85.7 % grown over his agriculture land during Kharif 2021 is not disputed. Accordingly, we are of the opinion that, the complainant is entitled for crop insurance benefit @ 85.7 % of sum assured of crops. Accordingly the complainant is entitled to get release of Rs 87,842.50/- but not yet released certainly frustrated the very purpose of PMFBY meant for the poor farmers of the nation is a great concern caused mental agony to the complainant cannot be denied.
21. In the case of Canara Bank Vrs. Seth Prakash Jain&Anr. I (2014)CPJ 76(NC) the Hon’ble NCDRC held that in case of a bankers mistake the bank is responsible for the same .Consequently, the bank is liable to compensate the complainant .  
22. Based on above discussion this commission is of the opinion that, due to negligence, unfair trade practice & deficient service there on the part of Op 1/Bank the complainant has lost his entitlement of crops insurance benefit of Rs 87,842.50/- and suffered mental agony. As such there is sufficient cause of action continue to bring this complainant and it is filed on time well within the jurisdiction of this commission maintainable under C.P .Act 2019.
23. There is nothing pleaded or proved that, the complainant/insured farmer has misrepresented any fact or have played fraud to obtained crop insurance under PMFBY for loss of his paddy crop grown during Kharif 2021 and there is nothing fault  proved against the complainant, as such we are of the opinion that, when the genuine claim of the complainant is not yet release, it  certainly , caused mental agony to the complainant which cannot be assess in any manner as such the OP1/Bank is liable to pay  punitive damages of not less than Rs 50,000/-(fifty thousand) to the complainant , so that, in future the Bank/OP1  shall not repeat  same negligence  towards  other farmers/complainant and this may heal the injuries of the complainant some extent. Reliance may also be placed on the judgment recently passed on dt. 08.07.2022 by the Hon’ble State Commission, Odisha, Cuttack in C.C No. 19 of 2018, Ranjan Mahapatra Vs. Star Health & Allied Insurance Co.Ltd reported in 2020(II) OLR (CSR) Page 326.
24. Based on the above facts & circumstances and as per revised guideline of PMFBY we are of the opinion that, there is  an unfair trade practice & deficient service on the part of OP1/Bank for which the Complainant suffered loss of his entitlement of crops insurance benefit under PMFBY as such bank is liable to compensate the complainant by paying Rs 87,842.50/-to the complainant with interest @9% P.A from the date of filing of this complaint i.e. from 28/06/2023   till its realization and further the op 1/Bank is  liable to pay Rs 50,000/-(fifty thousand) as punitive damages along with  litigation cost of Rs 5,000 to the complainant . Nothing deficient service or unfair trade practice is found there against the other Ops .Hence it is ordered.

O R D E R

   This consumer complaint is allowed in part  against the OP 1/ICICI Bank, Bhawanipatna  on contest & dismissed against the other  Opp.Parties with the  following direction :- (i) The OP1/ICICI Bank ,Bhawanipatna is here by directed to pay compensation Rs  87,842.50/-only towards loss of crops insurance benefit under Pradhan Mantri Fasala Bima Yojana (PMFBY) with interest @ 9% p.a from the date of filling of this complaint i.e. from dt.28/06/2023  till its realization and to pay  Rs 50,000/-(fifty thousand ) only  as punitive damages along with  litigation cost of Rs 5,000/-to the compliant.

(ii) It is further directed to comply the aforesaid order within four weeks from the date of receipt of a copy of this order falling which the  Op 1/bank shall be liable to pay Rs.200/-(two hundred) per day as compensation for delay  to the complainant till compliance of this order..

Dictated & corrected by me.

President

                        I agree.

                                    Member.                              

   Pronounced in open forum today on this 15^th May  2024 under the seal and signature of this Commission .The pending application if any is also stands disposed off accordingly.

   Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.