Adv.for the complainant - S.B.Purohit
Adv.for the O.P - Self.
Date of filing of the case – 03.03.2016
Date of order - 15.03.2017
JUDGMENT
Sri A.K.Purohit, President
1. The case of the complainant is that, he had insured his crops under the Rashtriya Krishi Bima Yojana for the year 2015-16 . As per the scheme the OP has to pay the premium of Rs.22,438/- for the value of Rs.98002/- per hector which is the average yield of 150% of high quality crop. The complainant alleges that, without any valid reasons the OP, had deposited a lesser premium amount for which the complainant sustain financial loss. Hence the Complainant.
2. The OP Contested the case by filing his written version. According to the OP as per the calculation sheet prescribed by the NAIS a sum of Rs 2119/- was deducted from the account of the complainant towards premium @ Rs.981/- per hector. Further the OP has averred that the OP Bank has discharge his duty faithfully and sincerely as per guideline and there is no deficiency in service on his part.
3 Heard the complainant . Perused the written version and documentary evidence available on record. It is an admitted fact that , the complainant had insured his crop under the Rashtriya Krushi Bima Yojana for an area of 2.16 hectors. It is also evident from the documentary evidence filed by the complainant that , different premium amount has been prescribed for normal crop and high quality crop. It is also an admitted fact that a sum of Rs.2119/- was deducted from the account of the complainant towards premium, which is a lesser amount for high quality crop. Perused ; the crop coverage Certificate issued by the Agricultural Officer, Wherein the premium amount has been calculated for Rs.22438/- to which the complainant agreed and signed over the same which was submitted before the OP for deduction of premium amount. Therefore it is clear from the documentary evidence available on record that, the OP should have sent the deceleration of the complainant as per the report of Agricultural Officer after deducting the premium amount as per the said report to the implementing agency, i.e to the insurance company. The OP is under obligation to act as per the scheme and not as per his choice. There is no reason as to why the OP should not have complied with the provision of the scheme in its letter and spirit.
4 Since the scheme is for the year 2015-16 the declaration form must have submitted before the insurance company and now it is not possible to resubmit the same as prayed for by the complainant.
5 The aforesaid negligent act of the Op amounts to deficiency in service on his part and the complainant is entitled to compensation for the loss caused to him. The Complainant has not produced any evidence either by way of affidavit or otherwise to show the actual loss caused to him However since the total area of lands is 2.16 hectors, an amount of Rs.25,000/- towards compensation will meet the ends of justice. Hence.
ORDER
The OP is directed to pay Rs.25,000/- (Twenty five thousand) to the complainant towards compensation and Rs.1,000/- towards cost within one month from the date of receipt of this order, failing which the entire amount shall carry an interest at the rate of 8% Per Annam till payment.
Accordingly the case is disposed off.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 15TH DAY OF MARCH’2017.
Sd/- Sd/- Sd/-
(S.Rath) (G.K.Rath) (A.K.Purohit)
MEMBER. MEMBER. PRESIDENT.
