Date of filing:- 09/11/2018.
Date of Order:-04/12/2019.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)
B A R G A R H.
Consumer Complaint No. 65 of 2018.
Hrusikesh Pradhan, S/o Purnananda Pradhan, R/o Goudmal, Ps. Jharbandh, Dist-Bargarh. ..... ..... ..... Complainant.
-: V e r s u s :-
The Branch Mnager, SBI Padampur Branch, At/Po/Ps. Padampur, Dist. Bargarh. ..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri B. D. Bag, Advocate with associate Advocates.
For the Opposite Party :- Ex-Parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.04/12/2019. -: J U D G E M E N T:-
Presented by Ajanta Subhadarsinee, Member(w):-
Brief Facts of the case ;-
The complaint is arising out of deficiency in service against the Opposite Party enumerated under the provision of Consumer Protection Act-1986. The brief fact of the complaint is postulated, hereunder:-
As revealed from the complaint, the Petitioner is an KCC account holder in the State Bank of India, Padampur Branch, vide the Account No. 35246367197. The Opposite Party is the Branch Manager, State Bank of India, Padampur Branch, Dist. Bargarh.
On Dt.29/09/2017, crop loan amount of Rs.70,000/-(Rupees seventy thousand)only transferred to the Petitioner's account by deducting the interest from the same, balance remain Rs.67,212.24/-(Rupees sixty seven thousand two hundred twelve and twenty four paise)only in his account. But the Opposite Party has not debited the premium amount from his account and also not deposited the said premium amount of crop insurance for the year of 2017-18. As a result of which the Petitioner sustained to Prime Minister Fasal Bima Yojana benefit under the insurance scheme, even if there is a massive damage raised by the Chakada Pest in his cultivable owned land in Crop-2017.
Further the complaint contends that due to the negligence and anti farmer attitude of the Opposite Party, the premium insurance amount was not debited annually from the account of the Petitioner. For the said negligence by the Opposite Party, the Petitioner is deprived of the benefit from the said Crop Insurance, which amounts to the violation of fundamental right of the Petitioner.
Again as per the complaint, the cause of action arose on Dt.05/10/2018 when the Petitioner requested the Opposite Party to transfer the Crop Insurance Premium amount from his account for the said Kharif Crop, but the Opposite Party turn to deaf hear to the Petitioner. Thus for the above fact and circumstances the Opposite Party is liable to pay the compensation amount of Rs.30,000/-(Rupees thirty thousand)only in regard to the PMF by Crop Insurance amount along with Rs.70,000/-(Rupees seventy thousand)only for his mental agony and physical harassment. So the Complainant has sought for the redressal of the Forum to direct the Opposite Party to pay the compensation of Rs.1,00,000/-(Rupees one lakh)only to him.
The Complainant is support of his contention relied upon the copy of the following documents:-
- Xerox copy of Bank Passbook vide Account No.35246367197 in the name of the Petitioner State Bank of India, Padampur Branch (2(two) sheet).
- Xerox copy of Aadhar Card of the Petitioner.
All the xerox copies are verified with the original documents.
Having gone through the complaint petition, documents and hearing the advocate for the Petitioner, the case was admitted and notice was saved on the Opposite Party on being noticed the Opposite Party neither appeared personally nor through any legal representative before the Forum, but sent his version by registered post to the Forum by denying the liabilities for compensation to the Petitioner.
Then the case posted for hearing. At the time of hearing of the case, the Complainant was present through his advocate before the Forum and argued his case, but the Opposite Party was absent on call.
Heard the matter, from the advocate for the Complainant, perused the petition and all the documents available in the record.
The Opposite Party in his letter/version admitted that the Complainant is a KCC loan borrower and availed KCC loan amount of Rs.70,000/-(Rupees seventy thousand)only on Dt.29/06/2017 and the Complainant has submitted all the documents at the time of loan sanctioned by him. But while the Opposite Party deposited the Insurance Premium of the Complainant Sri Hrushikesh Pradhan in PMFBY site for Kharif 2017, he found that the copy of Aadhar card was not available with the loan documents. Therefore the Opposite Party could not debit the insurance premium of the borrower and also did not credit the same to the Insurance Company.
Again the letter/version contends that requirement of Aadhar Card number of borrower was from mandatory, Kharif 2017 and for lapse of borrower the Insurance claim was not settled and Insurance Premium was not debited from the account of the Petitionr. Therefore he is not liable for any compensation to the Petitioner and also never harassed the Petitioner. The Opposite Party in the support of his contention has not filed any documents thereof.
Gone through the entire case record, pleadings of the parties and documents available in the record the issues to be decided in this case as follows:-
- Whether the Opposite Party is liable for deficiency in rendering service to the Complainant ?
- Whether the Opposite Party is liable for any compensation to the Complainant ?
So far as the Issue No.1(one) is concerned as per the complaint petition and version, the Complainant was availed KCC loan accounting Rs. 70,000/-(Rupees seventy thousand)only on Dt.29/06/2017 by the Opposite Party. The bank passbook filed by the Complainant reveals that previously the Crop Insurance Premium of Rs.1,687.50/-(Rupees one thousand six hundred eighty seven and fifty paise)only was debited from the loan account of the Complainant on Dt.13/10/2015 for the year 2015-16, and the Complainant has got the insurance benefit amounting Rs.50,158.74/-(Rupees fifty thousand one hundred fifty eight and seventy four paise)only on Dt.06/03/2017 for the crop failure in that year which is admitted by the Opposite Party. The Opposite Party in his letter/version contends that the Complainant has not submitted his aadhar card for which the insurance premium was not debited for insure his crop for PMFBY Kharif-2017, but to proof this contention neither the Opposite Party has filed any documents to that effect nor argued in that matter personally or through his legal representative at the time of hearing of the case. But at the time of hearing of the case the Complainant has vehemently argued through his advocate that he has submitted the Aadhar card number to the Opposite Party for the same.
Again, non-sending of insurance premium amount for the year -2017 to the insurance Company by the Opposite Party shows his deficiency in rendering service to the Complainant because, as per the bank pass book details there was regular transaction made by them. And as per the guidelines of National Agricultural Insurance Scheme, the insurance premium for the agricultural crop loan to be sent by the financial institutions/Banks to the Insurance Company is compulsory for the loanee farmers, which was not done by the Opposite Party in this present case.
From the above discussion it is clear that the loanee farmers are compulsorily cover under the NAIS Scheme of the Govt, and the non-sending of insurance premium amount to the Insurance Company by the Opposite Party is the negligence and deficiencies in rendering service to the complaint as per law envisaged under the Consumer Protection Act-1986. Thus the Issue No.1(one) is answered in assertive.
Secondly, in answering Issue No.2(two), Due to the negligence of the bank by not debiting the insurance premium amount from the petitioner's loan account and by not depositing the same with the Insurance Company the Petitioner has sustained a loss of the benefit under PMFBY for Kharif 2017, even if the paddy crop raised in his cultivable owned land damaged by the pest “Chakada” in that year. In the light of the discussion made above the Complainant is entitle for the relief claim and the Opposite Party is liable to compensate the Complainant for his negligence in rendering service to the Complainant. So the Forum unanimously comes to a conclusion and order as follows:-
-: O R D E R :-
The Opposite Party is hereby directed to pay the Complainant an amount of Rs.30,000/-(Rupees thirty thousand)only for crop insurance along with interest 6% (six percent) per annum from filing of this case till date of this Order and Rs.5,000/-(Rupees five thousand)only as compensation for mental agony physical harassment and litigation expenses. The aforesaid order shall be carried out within thirty days from receiving of this Order, failing which interest @10%(ten percent) per annum shall be levied against the Opposite Party till the actual date of realization of the total amount awarded.
The Complaint is allowed and disposed off accordingly in the open Forum to-day i.e. Dt.04/12/2019.
Typed to my dictation
and corrected by me.
I agree, ( Ajanta Subhadarsinee)
M e m b e r(w).
(Sri Krishna Prasad Mishra)
P r e s i d e n t.
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
