Date of filing:- 19/07/2021. Date of Order/Judgement:-14/11/2023.
DISTRICT CONSUMER DIPUTES REDRESSAL COMMISSION
B A R G A R H
CONSUMER COMPLAINT NO. 40 OF 2021
Parmananda Patra, S/o. Biranchi Patra, R/o. Banabira, Po. Tabada, Ps. Sohela, Dist. Bargarh, Pin. 768033.
Complainant.
-: V e r s u s :-
The Branch Manager, Union Bank of India, Chhuriapali Branch, Po. Chhuriapali, Ps. Sohela, Dist. Bargarh, Pin. 768033.
Opposite Party.
Counsel for the Parties:-
For the Complainant :- :- Sri S.K. Panda , Advocate.
For the Opposite Party :- :- Sri Sudhir Kumar Purohit 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.14/11/2023. -: J U D G E M E N T:-
Presented by Smt. Anju Agarwal, Member (w) :-
- The case of the Complainant is a loanee farmer having his agricultural land over M.s Khata No. 70, total Area Ac.04.20 dec of mouza Banabira under Sohela G.P. The said Khata is recorded in the name of his deceased father Biranchi Patra and out of the total area the Complainant cultivated paddy crop in Ac 3.80 dec. The Complainant regularly avails agricultural loan and thus he is a Consumer of Opposite Party and for Kharif 2018 the Complainant had availed crop loan of Rs. 94,307/-(Rupees ninety four thousand three hundred seven)only over Ac 3.80 of land the entire crop was duty insured under PMFBY crop insurance on payment of required premium of Rs. 1900/-(Rupees one thousand nine hundred)only out of the loan amount bearing Account No. 473305030021757. The said premium amount was remitted to the insurance company on Dt. 31/07/2018. The govt. of India has implemented Pradhan mantra Fasal Bima Yojana (PMFBY) for providing financial security to the farmers on time of distress. Due to natural calamity the crops of Complainant as well as other farmers of Sohela G.P. got damage and the govt declared 90.10% damage during kharif 2018. In the month of August 2019, most of the farmers got their compensation but the Complainant did not get the compensation amount, when the Complainant enquired the Complainant came to know that the Opposite Party committed mistake while uploading the data/information of the Complainant, for which the compensation amount cannot be credited to the loan account. On Dt. 28/10/2020, a pleader notice was also sent to take immediate step to release the compensation amount but the Opposite Party did not turn up. As the Complainant had paid the premium amount of Rs. 1900/-(Rupees one thousand nine hundred)only the Complainant is entitled to get Rs. 85,595/-(Rupees eighty five thousand five hundred ninety five)only towards insurance amount for the loss of his crops. For the deficiency in service rendered by the Opposite Party this Complainant was filed by the Complainant before this Commission.
- The case of the Opposite Party/union Bank of India, Chhuriapali has filed memo of argument and stated that the R.O.R No. 70 of MZ Banabira is recorded in the name of Biranchi Patra is A 1.21 dec only, the Complainant had cultivated an Area of A 3.80 dec out of R.O.R is not possible. The Opposite Party has admitted that the premium of Rs. 1900/-(Rupees one thousand nine hundred)only has been paid by the Complainant against agricultural loan of Rs. 95,000/-(Rupees ninety five thousand)only. It is not true it is that the duty of Opposite Party to ensure the crop loan taken by the farmers to be covered under crop insurance scheme compulsorily. The Opposite Party after receiving the premium from the Complainant had remitted it to the insurance company who was the insurer by uploading the correct information. The Opposite Party has not committed any fault in remitting the premium amount to the insurance company, as the insurance company is not a party in this case it is not possible to say that the Opposite Party has committed any mistake.
Hence, there is no case for the Complainant and to be dismissed.
- Perused the documents filed by the Complainant and Opposite Party, following issues are framed:-
ISSUES
1.Whether the Opposite Party is deficient in its service ?
2. What relief the Complainant is entitled for ?
Issue No.1.
During Kharif 2018, the Opposite Party deducted Rs. 1900/-(Rupees one thousand nine hundred)only towards insurance premium under PMFBY scheme. In the proposal the Opposite Party has uploaded the village Mundomahul under Bijepur Block where as the Complainants village is Banabira under Jabada GP of Sohela Block. The Complainant was entitled to get Rs. 85,592/-(Rupees eighty five thousand five hundred ninety two)only the govt. declared crop loss of 90.10%.
In the present Complaint the Complainant paid the premium of Rs. 1900/-(Rupees one thousand nine hundred)only for area insured Ac 3.80 dec and hence the Complainant is entitled for the insurance coverage and insurance subsidy.
The Opposite Party is deficient in its service by not providing the correct data in the NCIP. Due to the non settlement of claim the Complainant is harassed and could not get the benefits in time like other farmers of the locality.
The issue is answered accordingly.
Issue No.2.
As discussed supra the Complainant is entitled for relief claimed.
Accordingly it is ordered.
O R D E R
The Complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to pay the insurance claim of Rs. 85,592/-(Rupees eighty five thousand five hundred ninety two)only within one month of this Order. Rs.10,000/-(Rupees ten thousand)only for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation cost to the Complainant.
Failing which, the entire Order will carry 12% intrest P.A. till realization.
Order pronounced in open court on this 14th day of November 2023.
Supply free copies to the parties.
Typed to my dictation
and corrected by me.
I agree,
( Smt. Jigeesha Mishra) (Smt. Anju Agarwal) Dt.14/11/2023 Dt.14/11/2023
P r e s i d e n t M e m b e r (w)
