For the Complainant:In Person
For theOpposite Part : Exparte
JUDGEMENT
The facts of the complaint in brief is that the complainant Sri Gajanan Sunani and his wife Nirna Sunani being the account holder of the OP Bank had availed agricultural loan of Rs.96,606/- and Rs.49,427/- respectively from the Opposite and they have deposited Rs.2509.00 and Rs.1252.40 towards insurance amount which was deducted from their account by the OP Bank. In the year 2017 the State Government has declared compensation for the crop loss of Sirol Panchayat. As per the guidelines of National Agricultural Insurance Scheme the loan amount covered with insurance are eligible to get crop loss amount at the percentage fixed by the State Government but due to the negligence the OP Bank the the complainant did not get the insurance amount for the Kharif Season 2017 . Most of the farmers of the Sirol Panchayat have got the benefit of crop insurance but the complainant and his wife have not received compensation amount towards the loss of his crop as such the OP Bank is deficient in giving proper service to the complainant and the complainant has suffered financial loss and mental agony and hence prayed to direct the Opposite Party Bank to pay the insurance amount towards crop loss and direct the OP Bank to pay compensation towards mental agony and any such other relief as the forum deem fit and proper. Hence, this complaint.
Being noticed the Opp.Party Bank neither appeared nor filed their written version as such the OP Bank was set exparte and we proceeded the matter in absence of written version.
We perused the documents filed by the complainant. When the complainants were harassed by the OP Bank they put their grievance before the Grievance Cell of Collector, Kalahandi and the Collector, Kalahandi has directed the Regional Office, SBI Bhawanipatna to enquire the matter and to submit the report. The Regional Office, SBI, Bhawanipatna vide its letter dt.18/07/2019 intimated to the Chief Manager, Kesinga i.e. Opposite Party regarding payment of compensation for crop loss to the complainant and requested to verify the record and find out under which GP the complainant had been covered under PMFBY during Kharif 2017 and redress the grievance of the complainant as they are eligible for compensation for crop loss for Kharif 2017 as per their land record. It is admitted by the Regional Officer, SBI, Bhawanipatna in their letter that he had visited the branch of Opposite Party on 08.07.2019 and during perusal of document, SB Account, Loan account and land record of the complainant the record shows that the residence and land record is under Sirol GP but they have been wrongly report under Kundabandh GP as per Tata AIG Insurance Company report.
On perusal of the complaint petition and documents relied by the complainant the only point for consideration is whether the complainant and his wife is entitle to get the insurance benefit as claimed by them.
It is admitted fact that the complainant had availed agricultural loan of Rs.96,606/- and Rs.49,427/- respectively from the Opposite and they have deposited Rs.2509.00 and Rs.1252.40 towards insurance amount which was deducted from their account by the OP Bank. It is also fact that Government of Odisha has declared crop loss in the district of Kalahandi including Sirol GP in Kesinga block to the extend of 50%. The complainant alleged that when all the farmer of his block are paid insurance amount he and his wife did not get the same for which he contacted the OP Bank and the OP Bank informed that they have deposited the amount to the TATA AIG but the insurance company did not pay the compensation amount as the PMFBY Portal was showing Sirol GP wrongly under Kundabandh GP. But the Asst. Agricultural Officer, Kesinga vide its letter dt.196 dt.26/09/2019 communicated to the complainant has stated that the Surujore of Sirol GP has been correctly classified under Sirol GP during Kharif 2017 as Sri Khetra Bag,S/o Narayan Bag of village Podkhom and Prafulla Kumar Bag, S/o Agasti Bag of Sirol GP have received their PMFBY Claim amount in their account. From the above letter it is clear that there was no mistake in the PMFBY Portal.
In the above facts and material available on record, it is a clear that due to the fault of the OP Bank the complainant and his wife could not avail the insurance benefit though they are eligible as per their records. The OP Bank in spite of repeated notice issued by this forum did not feel it necessary to give reply and remained silent over the matter and as such we passed order as per the documents available on record.
From the aforesaid facts and circumstances we are of the opinion that it is the sole responsibility of the OP Bank to indemnify the crop loss to the tune as fixed by the Government of Odisha8 of the loan amount availed by the complainant and his wife. The complainant is not responsible for any communication irregularities between the OP bank and the insurance company and hence it is ordered.
ORDER
It is ordered that the OP Bank is liable to compensate the crop loss to the tune as specified by the Government of Odisha for the Kharif year 2017 for the Sirol GP and compensate the complainant Sri Gajanana Sunani and his wife Nirna Sunani.The OP Bank is directed not to claim any penal interest over the balance amount of loan after deduction of insurance benefit after the Kharif year 2017. For the fault of the OP Bank the complainant suffered a lot for which the OP Bank is liable to pay monetary compensation of Rs.20,000/- and litigation expenses of Rs.2,000/- to the complainant . The above order is to be complied by the OP Bank within 30 days from the date of receipt of order, failing which execution proceeding shall be initiated against the Opposite party for compliance of order.
Pronounced in open forum today on this 30thday of May,2020 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
- Copy of state of account – 2 sheets.
