DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
………………..
Presents:-
1.Sri A.K.Purohit, President.
2.Smt. S.Rath, Member.
Dated, Bolangir the 13th day of February 2018.
C.C.No. 16 of 2017.
Kishore Chandra Mohakur, age-49 years son of late Manbodh Mahakur,
Resident of Khadalpada, Bolangir Town, P.O/P.S/Dist- Bolangir.
.. .. .. Complainant.
-Versus-
1.The Branch Manager, United Bank of India,
Bolangir Branch At-Samaleswari Chowk, Hotel Surya Complex,
1st Floor, Bolangir Town, P.O/P.S/Dist- Bolangir.
2.The Regional Manager, Agricultural Insurance Co. of India Ltd.
Regional Office, 87, 1st Floor, The Mother, Satya Nagar,
Bhubaneswar-751007.
.. .. .. Opp.Parties.
Adv. for the complainant-Sri D.Biswal & Associates.
Adv. for the O.P.No.1 - Sri P.K.Tripathy.
Adv. for the O.P.No.2 - Sri S.Hota & K.C.Hota.
Date of filing of the case – 18.04.2017
Date of order - 13.02.2018
JUDGMENT.
Sri A.K.Purohit, President.
1 The case of the complainant is that, he being a farmer of village Budhisindhol has cultivated his land and insured the crops under the Agricultural Insurance Scheme in the year 2015. The complainant had paid premium amount of Rs 2,215/- for paddy crops and Rs 2,299/- for red gram crops. In the year 2015 there was shortfall in yield in the village of the complainant and hence the complainant is entitled to compensation for both the crops. But the complainant has received Rs 62,302/- for the loss of paddy crops and has not been allowed with the compensation for red gram crops. The complainant alleges that on dt.29.11.2016 an amount of Rs 2,299/- the premium amount for red gram was returned by the O.P.No.2 and the same was deposited in his account and again the same was with-drawn on dt.23.1.2017 for the premium for red gram crops. Due to this act of the O.P.1 the complainant had debarred from the compensation for the red gram crops. Hence the complaint.
2 Both the O.Ps have filed their written version separately. According to O.P.No.1 since there was no short fall in yield of red gram crops, the complainant was not allowed with compensation for the same by the O.P.No.2 and the premium amount of Rs 2,299/- debited from his account was again rebacked to his account. Further the O.P.1 submitted that the allegations regarding with-drawal of Rs 2,299/- was not intentional and the same has already been rectified. Hence there is no deficiency in service on the part of O.P.No.1.
3 The O.P.No.2 denied all the allegations of the complainant and submitted that as per the report of the Economics and Statistics Department of Govt. of Odisha, the actual yield was higher than the threshold yield and hence there was no short fall in yield of red gram crops and hence no claim was payable to the complainant.
4 Heard both the parties. Perusal of the material available on record, it appears from the material available on record that, the agricultural insurance is a scheme of the Government for social measure. Under the scheme the O.P.No.1 is the nodal agency and the O.P.2 is the implementing agency. According to the scheme the Government of Odisha in kharif 2015 season has notified Gram Panchayat as insurance unit for paddy and block for ground nut, maize, red gram, cotton, Niger, Turmeric, ginger, Banana and jute crops. All farmers loanee and non-loanee are eligible for coverage in the notified area. Accordingly all blocks of Balangir district were notified for red gram for the kharif 2015 season and premium for the same has been fixed at Rs 2,299/-.
5 The implementation of the scheme is as per the notification issued by the State Government and for that, the nodal bank collects the premium from the cultivators and send the consolidated insurance declarations unit wise and crop wise to the implementing agency. The Economics and Statistics Department of Government of Odisha maintains the records regarding the yield data of crop. After receipt of the yield data for all crops the claim is calculated as per the following formula.
Claims payable= Shortfall in yield in insurance unit X Sum insured of the insurance unit.
Threshold yield in insurance unit
6 Applying the aforesaid formula, under the scheme the actual yield data for red gram crop of Puintala Block of Balangir district for the kharif 2015 was 823 Kh/ha, whereas the threshold yield was 712 Kg/ha. Therefore the actual yield was higher than the threshold yield. Therefore there is no shortfall in yield, for which claims is not payable.
7 The aforesaid report is evident from the certificate of the O.P.2 signed by its Deputy General Manager with seal. This evidence is not rebutted by the complainant nor has produced any evidence to show the shortfall in red gram crops. Hence the complainant is not entitled to any claim, regarding red gram crop.
Accordingly the case of the complainant is dismissed without cost.
Order pronounced in open forum this the 13th day of February 2018.
( S.Rath ) (A.K. Purohit)
MEMBER PRESIDENT
