Date of filing:- 01/01/2020.
Date of Order:-22/04/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 02 of 2020.
Ratikanta Bhoi, S/o Late Adhikari Bhoi, aged about 39(thirty nine) years, Occupation- Cultivation, R/o. Village. Tarakana, Po. Jatla, Ps/Tahasil. Bhatli, Dist. Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
The Branch Manager, National Insurance Company Limited, Bargarh, At. Bargarh, Near Private Bus Stand, Po/ps/Dist. Bargarh.
..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri S.K.Debta, Advocate with associates.
For the Opposite Party :- Sri A.K.Dash, Advocate.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.22/04/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant is having a SBI Account, Sohela Branch bearing Account No. 32706213749 has insured his crop in the year 2017 before the Opposite Party the National Insurance Company bearing transaction No. JSB15540358678 on Dt. 31-07-2017. In the year 2017, the Complainant has cultivated his land and due to short of rainfall the crop was totally damaged. For the crop damage, the Complainant approached the Opposite Party and Deputy Director Agricultural Officer, Bargarh for compensation of crop insurance but the in the last month of December-2019 i.e. 24-12-2019, the Opposite Party refused the Complainant for any payment. For the deficiency in service caused by the Opposite Party the Complaint is filed by the Complainant before this Commission praying that Opposite Party be directed to pay Rs. 60,000/-(Rupees sixty thousand)only towards compensation including the interest and Rs 20,000/-(Rupees twenty thousand)only towards sustained loss for his cultivation and Rs.10,000/-(Rupees ten thousand)only towards litigation expenses.
2) The case of the Opposite Party is that the Opposite Party has filed its version and submitted that the Complainant is not a consumer of Opposite Party and it is denied that the Complainant has insured his crop with the Opposite Party under PMFBY in the year 2017. The Opposite Party further submitted that the data available on the PMFBY portal is the basis on which the insurance companies carry out premium reconciliation and claim calculation and said data is entered in the Govt. PMFBY portal by the Banks or CSC or the farmers directly. As per the yield data provided by Government it is found that no loss has been declared in respect of the crop of village Tarakana under Bhatli Block and Bargarh district. As there is no loss in village Tarakana the Complainant is not liable for any claim/compensation. Hence, there lies no deficiency in service on the part of the Opposite Party, the case to be dismissed against the Opposite Party.
3) Perused the documents filed by the parties and following issues are framed.
Issues
- Whether the Complainant is a consumer of the Opposite Party ?
- Whether the Opposite Party is deficient in its service ?
- What relief the Complainant is entitled for ?
Issue No.1(one)
4) The Complainant has paid Rs. 1,211.80/-(Rupees one thousand two hundred eleven and eighty paise)only on 31-07-2017 vide transaction No. JSB15540358678 to the Opposite Party and accordingly the Complainant is the consumer of the Opposite Party.
Issue No.2(two)
5) The Complainant has submitted that during Kharif 2017 the Complainant has deposited on 31-07-2017 a sum of Rs1,211.80/-(Rupees one thousand two hundred eleven)only to the Opposite Party for Kharif-2017 insurance.
The Opposite Party has further submitted that as per yield data provided by the Govt. the loss has been declared in respect of the crop of village Tarakana.
The Commission on the submission of the Complainant issued letter vide letter No. 840 Dt.23-11-2023 to the Collector regarding necessary information during crop damage Kharif-2017. Accordingly on Dt.26-12-2023 a letter received from Office of the Collector and District Magistrate, Bargarh vide letter No. VI-52/2023-19419 which reflects that in Bhatli there was crop damage.
As the Complainant has paid the premium and the Gram Panchayat, Kharmunda undr Bhatli Block was declared crop damage it is the duty of the Opposite Party to pay insurance compensation under PMFBY Scheme. The Opposite Party is deficient in its service by not settling the insurance claim.
Issue No.3(three)
6) As per supra discussion the complaint is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
7) The complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to settle the insurance claim of the Complainant for Kharif-2019 within 45(forty five) days of this Order. Further the Opposite is directed to pay Rs. 20,000/-(Rupees twenty thousand)only for deficiency in service and Rs.10,000/-(Rupees ten thousand)only towards litigation cost to the Complainant. All the above order to be complied within forty five days, failing which, the entire awarded amount shall carry 12%(twelve percent) per annum interest till realization.
8) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.22/04/2024 and the case is allowed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
