West Bengal

Bankura

CC/35/2015

Prabir Kumar Bit - Complainant(s)

Versus

The Branch Manager, UCO Bank - Opp.Party(s)

Self

30 Jan 2023

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION BANKURA

Consumer  Complaint  No. 35/2015

Date of Filing : 31.03.2015

Before:

1. Samiran Dutta                              Ld. President.      

2. Rina Mukherjee                          Ld. Member. 

3. Siddhartha Sankar Bhui            Ld. Member.

For the Complainant: Advocate Tapan De

For the O.P. Ardhendu Sekhar Ghosh

Complainant    

Prabir Kumar Bit, Kakatia, Patrasayer, Bankura

Opposite Party  

Branch Manager, UCO Bank, Patrasayer Br., Bankura

                                                                              

ORDER / JUDGEMENT

Order No.41

Dt. 30-01-2023

The Complainant files hazira through lawyer.

Step is taken on behalf of O.P. No.2 but no step is taken on behalf of O.P. No.1

The case is fixed for argument.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant being a marginal farmer took agricultural loan of Rs.50,000/- from O.P. No.1 during 2012-13 for cultivation of potatoes under Kisan Credit Card No. being 04120510000922 in National Agricultural Insurance Scheme (NAIS) and Insurance Premium of Rs.2,231/- was duly deducted from the said Loan  Account.

                                                                                                                                                                                        Contd….p/2

Page: 2

In view of Notification issued under NAIS all the marginal farmers of Patrasayer Block within Bankura district are to receive @25.90% compensation on  the loan amount during the Year-2012-13 for the damaged crop but the Complainant has not received the same in spite of persuasion. Hence this case.

O.P. No.1 though received the Notice did not contest the case but O.P. No.2 filed Written Version contending inter alia that there was no transaction between the Complainant and O.P. No.2 regarding the payment of Insurance premium and as such O.P. No.2 has no liability towards the claim of the Complainant.

Having regard to the facts of the case, contention and submission on both sides the Commission finds from the documents on record that though Insurance premium was deducted from the Kisan Credit Account by O.P. No.1 under the above mentioned Scheme but nothing has been done to process the payment of Compensation. O.P. No.2 could not process Compensation as no Insurance premium lying with O.P. No.1 was transferred to O.P. No.2 in official process and as such Compensation could not be disbursed to the affected farmer.

O.P. No.2 cannot be held liable for such mis-management but O.P. No.1has to account for the same which constitutes deficiency in service on the part of the O.P. No.1 for not carrying out process for transfer of the Insurance premium in favour of O.P. No.2 so as to disburse the compensation amount to the farmers as declared under NAIS.

The Complainant is not however entitled to get any compensation under NAIS as it has not been implemented and enforced between the parties due to non-deposit of Insurance premium with O.P. No.2. But for deficiency in service on the part of O.P. No.1 in depositing Insurance premium in favour of O.P. No.2 in due time they are liable to pay compensation to the loanee farmer.

                                                                                                                                                                                    Contd………p/3

Page: 3

Considering the facts and circumstances of the case and the quantum of loan amount and the Insurance premium the Commission thinks it just and reasonable to fix the compensation as Rs.5,000/- which is payable by the O.P. No.1 to the Complainant.

Accordingly it is ordered………….

That the case be and the same is allowed in part against the O.P. No.2 and Ex-parte against O.P. No.1.

O.P. No.1 is directed to pay to the Complainant Rs.5,000/- within one month from this date in default the same may be realized through Execution process.

Both parties be supplied copy of this judgement free of cost.             

 

                 __________________                                  ________________                                           ________________

             HON’BLE   PRESIDENT                           HON’BLE    MEMBER                                  HON’BLE    MEMBER