Orissa

Debagarh

CC/16/2021

Bharatendu Bhusan Pradhan, aged about 50 years, S/O-Banabihari Pradhan - Complainant(s)

Versus

The Branch Manager, Utkal Gramya Bank, Budhapal - Opp.Party(s)

Mr.G.Pradhan

17 Dec 2021

ORDER

IN THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH

C.C. Case No- 16 /2021

                  Present-Sri Dipak Kumar Mahapatra, President, Smt. Arati Das, Member.

 

Bharatendu Bhusan Pradhan, aged about 50 years,

S/O-Banabihari Pradhan,                            

Vill-Talabahali,P.O- Budhapal,

P.S-Kundheigola,Dist-Deogarh.                                                                                           ….Complainant.

Vrs.

  1. The Branch Manager,

         Utkal Gramya Bank,Budhapal,

         PO-Sarapali, PS-Kundheigola, Dist-Deogarh.

        

  1. The Branch Manager, Rural and Agri Business Group,

           HDFC Ergo Insurance Ltd.,

           3rd Floor Hotel Pan Regency Pvt. Ltd.

           J-7,JayadevVihar,Bhubaneswar-751053.                                                            …..O.Ps.

Counsels:-

For the Complainant             :- Sri G. Pradhan, Advocate.

For the O.P-1                         :- Sri. S.K.Ratha & Associates, Advocates.

For the O.P-2                         :- Nitu Roy, Advocate.

Date of Hearing: 05.11.2021, Date of Order: 17.12.2021

SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:-Brief facts of the case is that, the Complainant is occupying some landed properties in M.S Khata no-101,of Mouja-Budhapal, measuring an area of Ac.02.660 Dec, stands recorded in the name of his father Banabihari Pradhan and he is the only share holder of the landed properties and he is possessing, cultivating these lands by paying tax (land revenue)regularly. He has a Saving Bank account in the bank of the O.P-1 vide account no-84022698855 since long and he has availed Crop Insurance from the O.P-2 through the O.P-1, on the above lands for total sum Insured Rs.52,000/- and on dtd.30.07.2019 paid a premium  under Pradhan Mantri Fasal Bima Yojana-2019  amounting to Rs.1,240/- for the year 2019-2020 for coverage of damage in case of Natural calamities like flood, draught etc. The Govt. of Odisha has declared Budhapal G.P as draught prone area in the financial year 2019-2020 and all the farmers of the village has received compensation against the draught (77%)for their respective cultivated lands. But unfortunately, the Complainant’s has not received the compensation as draught affected for the year 2019-2020 of Budhapal Panchayat.

He enquired the matter to the O.Ps for being deprived of the benefits for the crop insurance. The Complainant had got his crop insured with the O.P-2 through the O.P-1 still he is deprived of availing relief from the Govt. of Orissa, which he deserves to get. The Complainant has several times visited the office of the O.Ps but every time he has been neglected and harassed by the O.Ps for which the Complainant sustained financial loss, mental pain and agony due to deficiency in service caused by the O.Ps for not listing his name in the list of beneficiaries.

The Advocate for the O.P-1 admitted the contents of para-4 of the petition and he asserted that the amount of Rs.1240/- has been debited from his saving bank account  of the complainant on dtd. 30.07.2019 and the total premium of all the beneficiary farmers under O.P-1’s branchof Rs.138838.30 paise has been paid to HDFC ERGO GIC LTD. Bhubaneswar  through NEFT on dtd. 31.07.2010 by the O.P-1. After receipt of the Complaint  from the Complainant the O.P-1  has informed the matter  to its regional office  and the regional manager accordingly wrote a letter to the concerned insurance office  on dtd. 24.11.2020 to provide the percentage of claim settled and account wise details of insurance coverage to the beneficiary farmer under PMFBY Khariff 2019 but the O.P-2 did not any steps towards the same and the O.P-1 has not yet received the confirmation from the O.P-2. As the O.P-1 has not harassed the Complainant and it is  the duty of the O.P-2 to disburse the amount to the beneficiaries. Hence the O.P-1 shall be discharged from any liabilities.

The O.P-2 deny allegation of deficiency of services to the Complainant and has not violated, any terms and condition, and contract entered between parties which are binding upon them. The O.P-1 states that the Complainant had availed crop insurance under the Pradhan Manti Fasal Beema Yojna for the period 2019-2020 for coverage of damage due to natural calamities like flood, draught and he paid the premium for the same through O.P-1 against application form no 040121191060505048301. The O.P-2 states that the claim of the Complainant is not maintainable as because as per Government of Odisha data, his crop of Dhan (Paddy) does not fall under draught hit crop and to which his claim was rejected which is just and proper and in no manner attracts deficiency of service as alleged by the Complainant. The Guidelines issued by the Central Government and based on which the scheme was implemented in the State of Odisha, all farmers who have been sanctioned Seasonal Agricultural Operations (SAO) loans from Financial Institutions (FIS) (Ioanee farmers) for the notified crop(s) season would be covered compulsorily. This provision shall override any decision taken by Fls including PACS exempting farmers from compulsory coverage of loanee farmers. He added that Standing Crop (Sowing to Harvesting): Comprehensive risk insurance is provided to cover yield losses due to non-preventable risks, viz. Drought, Dry spell, Flood, Inundation, widespread Pests and Disease attack, Landslides, Fire due to natural causes Lightening, Storm, Hailstorm and Cyclone. Again for calculation of Threshold Yield, historical average yield of best five out of last seven years shall be considered. Further Threshold Yield should be defined only at notified area level and once notified in the Notification issued by the State should not changed at later stage under any circumstances. In case of multiyear contract, the Threshold Yield for the subsequent years shall be revised by adding/considering the yields of immediate previous corresponding season. After going through the claim for loss to crop as raised by the farmers, in whose favour the declaration forms were submitted by Service Co Operative Society. The actual yield and threshold yield for the Gram Panchayat falling under Budhapal is as follows:

GRAM PANCHAYAT     CROP NAME                            THRESHOLD YIELD                         ACTUAL YIELD

      Palasam                    Dhan(Paddy)                     25.8484                                     43.9

He further added that since the liability of OP arises only when Actual Yield (AY) is smaller than Threshold Yield (TY) under the scheme of Pradhan Mantri Fasal Bima Yojna as such in the instant case no claim was payable for the Gram Panchayat of Palasama  for the aforementioned farmers. Hence the O.P-2 has not committed any deficiency in services.

POINTS OF DETERMINATION:-

  1. Whether the Complainant is comes under the purview of Consumer Protection Act-2019?
  2. Whether the O.Ps has committed any Deficiency in Service to the Complainant?                                  

From the above discussion and materials available on records we inferred that the Complainant comes under the purview of Consumers as he has a loan account in the bank of the O.P-1. The complainant has already paid the a premium  under Pradhan Mantri Fasal Bima Yojana-2019  amounting to Rs.1,240/- for the year 2019-2020 for coverage of damage in case of Natural calamities like flood, draught etc. The Govt. of Odisha has declared Budhapal G.P as draught prone area in the financial year 2019-2020 and assured for 86% compensation against the draught for their respective cultivated lands. The total premium of all the beneficiary farmers under O.P-1’s branch of Rs.1,38,838.30 paisa has been paid to HDFC ERGO GIC LTD. Bhubaneswar  through NEFT on dtd. 31.07.2010 by the O.P-1 for disbursement to the affected farmers but the O.P-2 did not take any steps for the same in spite of written communication made to him by the O.P-1 on dtd. 24.11.2020 to provide the percentage of claim settled and account wise details of insurance coverage to the beneficiary farmer under PMFBY Khariff 2019. Hence the  O.P-2 has committed Deficiency in Services and we order as Under:-

                                                                                              ORDER

The Complaint petition is allowed. The O.P-2 is directed to release the appropriate Compensation amount in favour of the Complainant, under PMFB Yojana-2019 and settle the claim with 9% interest  per annum from the date of filling of this case i.e dtd. 18.02.2021 till its realization." The O.P-2 is further directed to pay Rs. 10,000/-(Rupees Ten Thousand) as compensation towards harassment, mental pain and agony, and Rs. 5,000/- (Rupees Five Thousand) towards the cost of litigation. All the above orders are to be carried out within 30 (Thirty) days of receiving of this order, failing which, the complainant is at liberty to proceed in due process of law.      

Order pronounced in the open court today i.e, on 17th day of December-2021 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

I agree,                                                                                             

 

MEMBER.                                                                                          PRESIDENT.

                                                      Dictated and Corrected

                                                                      By me.

                   President

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