West Bengal

Paschim Midnapore

CC/139/2012

Sri Durga Pada Bhunia - Complainant(s)

Versus

The Manager, United Bank of India - Opp.Party(s)

19 Apr 2013

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.139/2012                                                         Date of disposal: 19/04/2013                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. K. S. Samajder.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER :  Mr. Kapot Chattopadhyay.

    For the Complainant/Petitioner/Plaintiff : Mr. A. K. Dutta. Advocate.

    For the Defendant/O.P.S.                           : Mr. S. Das & Mr. M.K. Choudhury. Advocate.

          

 Sri Durga Pada Bhunia S/o-Sri Gunadhar Bhunia of Vill-Satyapur, P.O.-Marotola, P.S.-Debra, Dist-Paschim Medinipur …………Complainants.

                                                              Vs.

         1) The Manager, United Bank of India, Marotola branch, P.O.-Marotola, P.S.-Debra, Dist-

              Paschim Medinipur

   2) The Regional Manager of Agricultural Insurance Company India Ltd., at OM Tower 5^th

        Floor, 32, Chowringhee Road,  Kolkata-700071………Ops.

  The case of the complainant, in this case prayed for crediting the amount of Insurance claim against his loan account against the Op. no.1 and other reliefs.

The complainant is said to have taken loan during the season 2008 - 2009 from the Op. no.1 for cultivation of potato. The crop was damaged to a great extent during that year and the complainant informed about it to the Op. no.1 and also to the local Gram Panchayt and B.D.O. who also submitted report to the concerned authority. There was provision of crop insurance benefit for potato and other cultivation by taking loan from the bank during the season 2008 - 2009 and as such the complainant prayed for insurance benefit but he was not given such benefit.

Hence this case.

The Op. contested the case by filing separate written objections.

The Op. no.1 in his written objection contended, interalia, that the complainant took Kishan Credit Card loan for Rs.20,000/-(Twenty thousand) from this Op. on 01/12/2008. The said loan was taken for business purpose and as such the complainant is not a consumer under the C.P.Act. The Op. no.1 further contended that a sum of Rs.1,508.61/- was credited in the loan account

Contd…………..P/2

 

- ( 2 ) -

NOVKC-486/2005 of the complainant towards Insurance benefit and such the complainant can not have any further claim. The specific contention of the Op. no.1 is that the claim of the complainant is barred by limitation u/s-24 A of the C.P. Act. On this ground the Op. no.1 prayed for dismissal of this case.

The Op. no.2 in his written objection contended, interalia, under the Rashtriya Kishan Bima Yojana there was coverage of insurance of the crop of the farmers who cultivated the crop taking loan and in case of damage of crop the amount of insurance was to be a paid under a structured of formula. During the year 2008 - 2009 this Op. paid certain amount to the Bank towards insurance claim of the loanee and it was for the Op-Bank to make adjustment of Insurance claim. So this Op also prayed for dismissal of this case.

It is now for our consideration as whether the complainant is entitled to get the relief as claimed.

 

Decisions with reasons

 On perusal of the pleading of the parties, it appears to be an admitted position that the complainants took crop loan Kishan Credit Loan from the Op. no.1during the season 2008 - 2009. The Op-Bank in its W.O. specifically stated that the loan was taken by the complainants on 09/01/2008 for the purpose of cultivation of potato and the crop was covered by insurance. The Op. no.2 contended that as per the scheme of Insurance the amount towards insurance claim was to be paid to the Op-Bank and accordingly it was done. The Op-Bank did not deny it. However the Op-Insurance Company contended that the amount of Insurance claim payable to the cultivators was to be determined under a structured formula and in this case also this Op-Bank was given the entire amount under that formula. This has not been denied by the Op-Bank.

The Op-Bank contended that against the loan account of the complainant a sum of Rs.1,508.61/- was credited towards insurance claim. Statement in this regard have been filed. During hearing Ld. Lawyer for the complainant could not deny it.

In this case it could not be shown by the complainant that the entire amount of loan was to be paid the Insurance Company against the policy of Insurance. Rather, undisputed fact is that the Op-Insurance Company liable to pay the Insurance amount under a structured formula which he actually  did crediting the amount of Insurance in the loan account of the complainant which has not be been denied during the time of hearing. Therefore it does not appear that the complainant is entitled to get adjustment of any amount towards Insurance benefit in his loan account.

Now, the complainant took loan during the loan on 01/012/2008 during the boro season of 2008 - 2009 (October, 2008 to March, 2009). The crop is said to have been damaged during that

Contd…………..P/3

 

- ( 3 ) -

season. So, the complainant was required to file the case within a period of 2 years i.e. 31/03/2011 under the Provision of Sec.24A of the Consumer Protection Act, 1986. This case have been filed on 21/08/2012. Not only that, the complainant made his claim first before the Op. no.1 only on 20/06/2012 as we filed from the record. This claim was also made well beyond the period of 2 years.

In this case the complainant has not stated a single word regarding the reason of delay in filing this case. There was no prayer for condonation of delay. We find that the case is hopelessly barred by limitation.

Under the above facts and circumstances we think that the complainant is not entitled get any relief.   

                Hence, it is,

                                    Ordered,

                                                    that the case be dismissed on contest.

Parties be supplied the copy of Judgement free of cost.

Dic. & Corrected by me

              

         President                                Member              Member                                  President

                                                                                                                              District Forum

                                                                                                                        Paschim Medinipur.