Sri Purna Chandra Mishra    - President.  

Complainant Om Prakash Sahu has filed this case u/s 12 of CP Act-1986 alleging deficiency of service on the part of the Opposite Parties for non-payment of his insurance dues in spite of payment of the premium and praying therein for direction to the Opposite Parties to pay insured amount arising out of loss of crop and a sum of Rs. 60,000/- towards compensation on various heads.

1.           Brief fact leading to the case is that the complainant has deposited a sum of Rs. 1605/- on 28.07.2017 for payment of the crop insurance premium to insure his crops in State Bank of India, Khariar. The crop in village Aunlajuba got damaged. The co-villagers received their insurance benefits and as the complainant did not get the insurance benefit, he approached the OP No. 1 and on enquiry from OP No. 1, he came to know that his insurance benefit has not been credited to his account for which he approached the OPs time and again and finally being harassed approached this Forum for the reliefs as discussed above.
2.           After receipt of notice, the OP No. 2 and 3 appeared through their Advocates and filed their written statements separately. The OP No. 1 did not appear in spite of several notices. OP No. 2 in his written statement stated that Om Prakesh Sahu had deposited Rs. 1598/- towards his own share of premium for sum insured of Rs. 79935/- for the total cultivable area of Acre 1.49 Hectors under Survey No. 63 through Central Bank of India, Khariar Road Branch. He has not mentioned the land particulars in his petition just to divert the attention of this OP No. 2 and thereby to avail the compensation benefit in the name of other lands located in other villages where damage is caused more to the extent of 86% at Mauza Ainlajuba in Darlimunda Grama Panchayat. The petitioner is required to substantiate the fact that he has insured his land of Mauza Ainlajuba under Darlimunda G.P. and not under Amsena GP. As per the data available, uploaded by the bank, the farmer has insured for his plots maintained at Amsena GP under Nuapada Block as Amsena GP is not covered under crop failure, he is not entitled to get any claim and therefore, his case is to be dismissed with cost. The OP No. 3 in his written statement stated that he is not the Insurance Company of this District i.e. Nuapada and therefore, no liability can be fastened on him.
3.           Now comes to question whether the complainant is entitled to get the insurance benefit for his loss of crop in village Ainlajuba or not?

It is the case of the complainant that he had insured his agricultural land at village Ainlajuba under Jonk Police Station and the amount of the premium has been deducted from his account in SBI amounting to Rs. 1605/- on 28.07.2017. on perusal of the Passbook of the complainant, it is found that the Bank has debited a sum of Rs. 1605/- from his account for transfer to PMFBY KH2017 and the land which has beeninsured under Khatian No. 36 and the village is Ainlajuba. The statement of OP No. 2 is that his land has been insured by Central Bank of India, Khariar Branch under Survey No. 63 for a cultivable area of Ac 1.49 hectors and the premium is Rs. 1598.72p. So, it is crystal clear from the documents on record that the complainant has specifically and separately has paid the premium to the Insurance Company for the lands under Khata No. 36 of village Ainlajuba. Since the OP No. 2 has not specifically mentioned in written version whether the amount of Rs. 1605/- which has been deducted from the account of the complainant towards insurance premium for Kharif Season-2017 has been paid to him by the bank or not and the OP bank did not appear nor uttered a single word, it is not possible on the part of the Forum to come to a clear conclusion whether the amount of premium so deducted from the accounts of the complainant has been paid to the Insurance Company or not ? Since there is a confusion regarding remittance of the premium, we come to the conclusion that if the bank has not remitted the premium to the OP No. 2, then, he will compensate the loss arising out of the loss of crop to the complainant in village Ainlajuba which comes to 86% as stated by the OP No. 2. If the amount has been remitted to OP No. 2, then the OP No.2 is liable to pay the insurance benefit for loss of crop of the complainant in village Ainlajuba and hence the order.

O R D E R

The complaint petition is disposed off with a direction to the OP No. 1 to verify from his records whether the amount of premium of Rs. 1605/- deducted from the account of the complainant on 28.07.2017 towards the PMFBY has been paid to the OP No. 2 i.e. National Insurance Company or not ?. If the amount has been paid to the OP No. 2, the details of the remittance should be intimated to the OP No. 2 and to the complainant within 7 days from the date of receipt of the order failing which the OP No. 1 shall pay compensation of Rs. 1000/- daily to the complainant for delay in supply the information so long as the default continues. If it is found that the premium is remitted to the OP No. 2 the OP No 2 will immediately pay the insurance benefit to the complainant for his loss of crop in village Ainlajjuba with interest @ 12% per annum from the date of loss of crop till it is actually paid to the complainant along with the compensation of Rs. 25000/- for deficiency in service and harassment and a sum of Rs. 5000/- towards cost of litigation. If it is found that the OP No. 1 has failed to remit the amount of premium to the OP No. 2, he will compensate the complainant the entire amount as directed to OP No. 2.  The order is to be complied within a period of 30 days from the date of order failing which the order as to cost and compensation shall carry interest @ 12% per annum from the date of order till its compliance.