Date of filing:- 07/07/2021.                                                                                Date of Order:-14/08/2023.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No.   36  of 2021.

Smt. Kausalya Budhia, W/o. Lalit Bhoi, aged about 26 Years, Occupation. Cultivation, R/o. Village/Po. Govindpur, Ps/Tah/Dist.Bargarh.

                                                                                                    Complainant.

V e r s u s

The Branch Manager, Oriental Insurance Co. Ltd, Branch Office, Canal Avenue, (Near Punjab National Bank), Bargarh, Po/Ps/Tah/District. Bargarh.                                                                                                                                      

                                                                                                                    Opposite Party.                         

Counsel for the Parties:-

For the Complainant :-          :- Sri S.N. Padhi, Advocate with Associates.

For the Opposite Party :-       :- Sri P.K. Mahapatra, Advocate with Associates.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.14/08/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President :-

1. The case of the Complainant is that the Complainant is a cultivator and permanently residing at village Govindpur. The Complainant is an account holder of Bank of India Bargarh Branch bearing A/c. No. 558510110007659. The Complainant insured the kharif crops in the year 2019 standing over 4.046 Hector of land out of M.s. Khata No. 21 of village  Bageibira  alongwith other land before the Opposite Party. The Complainant paid premium of  Rs. 5259.8/-(Rupees five thousand two hundred fifty nine and eitht paise)only to the Opposite Party on 22/07/2019 through Customer Service Centre (CSC) bearing transaction no. 0401211901503631688 under the scheme of Pradhan Mantri Fasal Bima Yojana (P.M.F.B.Y.). The Crop of the Complainant was totally damaged due to short of rainfall.

The Co.village who have insured their cultivated land have received insurance amount from the Opposite Party for the Karif crops of 2019. But the Complainant has not received the Compensation amount of her damaged crops from the Opposite Party through she insured her crops during the period for 4.046 hector of land. The Opposite Party has rejected the claim illegally and intentionally. Hence the Complainant filed this case before this Commission.

2. The Case of the Opposite Party is that the Opposite Party Oriental Insurance Company Ltd filed its version. The Opposite Party submitted that as per system prescribed in Pradhan Mantri Fasal Bima Yojana (PMFBY) banks/intermediaries (Like CSCs) are authorized to upload the insured farmers data mandatorily on the National crop Insurance Portal. No other platform shall be used for uploading/submission of farmers data. Those farmers whose data is uploaded on the NCIP shall only be eligible for Insurance Coverage. In cases where farmers are denied crop insurance due to incorrect/partical/non uploading of their details on portal, concerned Banks/ Intermediaries shall be responsible for payment of claims to them. Further the Opposite Party submitted that the Complainant insured a total of 14 numbers of plots with a combined area of 4.046 hectares and paid an amount of Rs. 10,413/-(Rupees ten thousand  four hundred thirteen)only as premium. Out of those 14 numbers of total applications, one application with the insured area of 4.046 hectare was rejected due to incorrect entry of plot number (land subdivision number) against survey Khata No. 21 by the concerned CSC. The porta data uploaded  by the CSC contains ALL in place of the actual land subdivision number in the designed field and hence the Complainant is not entitled to receive any loss claim. There is no deficiency on the part of the Opposite Party and the Opposite Party prayed for dismissal of the case.
3. Perused the Complaint petition, version and documents filed by the parties and it reveals that CSC is a necessary party in this case. The Complainant has not made party to the CSC. For the mistake of CSC the insurance company shall not be held liable.

Accordingly the Complaint case is dismissed for non joinder of necessary party.

Order pronounced in open court on this  14^th    day of  August 2023.

            Supply free copies to the parties. 

      Typed to my dictation

                                                                                             and corrected by me.                                                                                           

                   I  agree/-                                                                       

       ( Smt. Anju Agrawal )                                                                  ( Jigeesha Mishra )

              Dt.14/08/2023                                                                            Dt.14/08/2023

              M e m b e r  (w)                                                                        P r e s i d e n t.