West Bengal

Paschim Midnapore

CC/141/2012

Sri Bimal Chandra Bisui - 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.141/2012                                                         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.

          

1. Sri  Bimal Chandra Bisui S/o-late Bipin Bisui, (2) Sri Laxmikanta Bisui S/o-

 Sri Bimal Chandra Bisui all of Vill-Bhainagar, 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 complainants contended in this case that they took loan from the Op. no.1 for boro cultivation during the season, 2008-2009. During that year the crop was damaged to a great extent which was duly informed to the loacal Gram Panchayat and the B.D.O. and they submitted to report to the concerned authority. There was provision of crop insurance benefit for boro and other cultivation by taking loan from the bank during the season 2008-2009 and as such the complainants prayed for Insurance benefit but the were got given such benefit.

                      Hence this cae.

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

The Op. no.1 in his written objection contended, interalia, that the complainants took Kishan Credit Card loan of Rs.50,000/-(fifty thousand) on 16/02/09 for cultivation of marigold flower. The loan was taken for business purpose and as such the complainant is not a consumer within the meaning of consumer under the Consumers Protection Act-1986. Further contention of the Op. no.1 was that the scheme under which the loan was granted, marigold flower was not included for Insurance benefit. The Op. no.1 also contended specifically that the claim of

Contd…………..P/2

 

- ( 2 ) -

the complainants is barred by limitation under the provision of C.P.Act-1986. So, the Op. no.1 prayed for dismissal of this case.

The Op. no.2 in his written objection contended, interalia, that under the ‘Rashtriya Kishan Bima Yojana’ there was covering of Insurance of notified crops in the notified area and the amount of Insurance was to be paid under a structured formula. But the complainants have not specified the crop for which they took loan. This Op. also took the plea that the case is barred by limitation. Accordingly, the Op. no.2 also prayed for dismissal of this case.

The point for consideration before us is as to whether the complainants are entitled to get the reliefs as claimed.

Decisions with reasons

 On perusal of the pleadings of the parties and also upon hearing the Ld. Lawyers for the parties, it appears to bear admitted position that the complainants took loan under ‘Kishan Credit Card’ loan policy during the season, 2008-2009. The Op. no.1 specifically stated that the complainants took loan on 16/02/2009 for the purpose of cultivation of marigold flower during the season 2008-2009 (October, 2008 – March, 2009). This was admitted by the Ld. Lawyer for the complainants during the time of hearing of this case. But interestingly the complainants did not mention the nature of crop in the petition of complaint. The Op. no.1, during the time of hearing of this case filed a copy of the notification of crops and areas for Rabi 2008-2009 season and guidelines issued by the agricultural Insurance Company of India Limited with reference to the Govt. of West Bengal notification No.3105-cropIns/7C-6/2008 dated, Kolkata the 16^th October, 2008.

It shows clearly therefrom that in the category of notified crops for the purpose of Insurance benefit, there is no mention of marigold flower. Perhaps for this reason the complainants carefully did not mention the nature of crop in the petition of complainant. This clearly shows malafide intention of the complainants in order to get illegal and unjust benefit.

Next, the Ops. have clearly raised the point of limitation. According to them, the case is barred by limitation.

Section 24A of the Consumer Protection Act-1986 lays down that a complaint has to be filed within a period of two years from the date on which the cause of action arose. In the present case the loan was taken on 16/02/2009, i.e. during the season 2008-2009. The complainants also contended that their crops were damaged during the season 2008-2009. So the case was to be filed within a period of 2 years just after the end of the aforesaid season. But this case has been filed on 21/08/2012 i.e. well beyond the prescribed period of 2 years. There is no prayer whatsoever regarding condonation of delay.

Contd…………..P/3

 

- ( 3 ) -

Now we have already found that the crop i.e. marigold flower for which loan was taken was not within the list of notified crop under the scheme. That apart, we have also found that the case is hopelessly barred by limitation. Consequently, the petitioners are not entitled to get any relief what so ever.

              Hence,

                         Ordered,

                                       that, this case be dismissed on contest. Parties be supplied with the copy of the judgement free of cost.   

Dic. & Corrected by me

              

         President                                Member              Member                                  President

                                                                                                                              District Forum

                                                                                                                        Paschim Medinipur.