J u d g e m e n t.

     Facts of this case in brief :- The Complainant is a farmer having agricultural land in Timanpur Mouza vide Khata No. 399, Area Ac.8.81 dec. Khata No. 92 measuring an  area of  Ac.0.38 dec. Khata No. 223 measuring an area of Ac. 0.79 dec.  coming under Timanpur Gram Panchayat, Sinapali Block under Nuapada district.  The complainant is an account holder of Bhawanipatna Central Co-operative Bank, Sinapali Branch vide A/c. No. 36543.  The complainant has deposited  Rs.2,750/- & Rs. 620/- vide Chalan No. 48 on dated 30.7.2011 & Challan No. 49                 

dated 30.7.2011 as Premium towards Crop Insurance for Paddy Crop grown for 2.5 hectares in Kharif Season 2011.  The Bank has never paid of Crop Insurance amount to the complainant for the damage in Karif Season 2011 for which the complainant has lost Insurance benefit and suffer financial hardship and mental agony.  The complainant filed in his petition for entitled for 150% of average yield of Crop damage in Timanpur Gram Panchayat under Sinapali Block.

     The O.P. No.1 has filed his version in belated stage.  He has admitted the contents No.1  of the petition that, the complainant is an account holder of Central Co-operative Bank Sinapali Branch and the complainant has deposited the Insurance Premium towards Crop Insurance of his land giv ing his address as Baigapada  under Nilji G.P. accordingly Bank has sent his porposal form to Insurance Company within coverage area of Nilji G.P. though the land of the complainant is under Timanpur G.P. also ambiguity decide the matter from both the petitioner and opposite parties.

     The O.P. No. 1 has filed in his version about the payment of compensation for loss of crops which was insured by the complainant in the concerned Bank, but the petitioner has not mentioned the payment of claims paid by the O.P. No.1.   Therefore the opposite parties has to decide the total exact loss and damage as per area wise Premium paid by the complainant.

                     O R D E R.

     Perused the record and documents, heard the argument, the Hon’ble Forum has come to a conclusion that, the Complainant has not filed even not admitted about the payment of compensation by the opposite parties.  The Opposite parties has not proof their part only the O.P. has mentioned in his version regarding the payment of insured amount etc.  The O.P. has not filed any relevant documents to proof about insurance premium twice etc., submitted in (para 4 page 2 of O.P. No.1).  And now the burden is shifted to proof above facts is on the part of the O.P. No.1 and he has not proved.  Hence, the claim of the petitioner is allowed and the opposite parties has to pay the insured amount to petitioner / claimant as per decision declared by the Government of Odisha in the Kharif Season 2011 within 2 (two) months, failing which the O.P. has to pay Rs. 9% interest per annum from the date of order.