Orissa

Jajapur

CC/24/2021

Jayatri Dhal. - Complainant(s)

Versus

The Manager,SBI,Kaipada,Branch. - Opp.Party(s)

Biraja Prasad Parida,Ramakanta Jena.

21 Jan 2023

ORDER

J U D G M E N T.

Mrs.  SUSMITA MISHRA, PRESIDENT  :-

          The Complainant Jayatri Dhal @ Jayatri Kumari Dhal being the Kharif agriculturist has filed this consumer complaint U/s 35 of the Consumer Protection Act, 2019, against the O.Ps alleging deficiency in service due to non-receipt of the subsidy claim amount against the damaged crop occurred  in the year 2019 & praying therein for a direction to the O.Ps pay a sum of Rs.53,040/- to the complainant towards her claim; to pay a sum of Rs.20,000/- for her mental agony & harassment caused by the O.Ps & any other relief/ reliefs be granted in favour of the complainant.

Brief facts of the case :-

1)                  The complainant is a customer of the O.P. No.1 (Bank) having Saving Account on the said bank bearing A/c No. 11749492182.  The complainant being a farmer of Kharif Crop had availed KCC Crop Loan from the O.P. No.1 vide KCC A/c No. 33876701299 for an amount of Rs.78,000/- (Rupees seventy eight thousand) only in the year 2019.  The complainant also insured her loan & Crop under Pradhan Mantri Fasal Bima Yojana (PMFBY) & for that purpose of the O.P. No.1 debited an amount of Rs.1,659/- from the complainant’s S.B. A/c No. 11749492182 both for Pre-Kharif & Kharif on dated 31.07.2019 and deposited the same for premium amount under PMFBY Scheme.  The Govt. has been pleased enough to declare 68 % of the loan amount as subsidy to all the insured farmers under Kalamatia G.P. of Bari Block in the district of Jajpur.  Accordingly near about 400 farmers of Kalamatia G.P. received subsidy amount for the Crop loss for the year 2019.  But the complainant being a farmer under Kalamatia G.P. has not yet received the subsidy amount of Rs.53,040/- (i.e. 68 % of the KCC Loan amount of Rs.78,000/-) in spite of depositing the premium amount due to deficiency in service caused by the O.Ps.

            The complainant is a bonafide consumer under the O.Ps, as she has given consideration amount in shape of premium.  But due to inaction & deficiency in service of the O.Ps, the complainant has no other efficacious remedy has compelled to file this present consumer complaint before this Commission for redressal of her grievance.

  2)       Notice was issued in the complaint, which was contested by the O.P. No.1 to O.P. No.3.  the O.P. No.1 filed the reply as written version & denied the allegations made in the complaint through his advocate.  Whereas, the O.P. No.2 & 3 also filed their written version jointly through their learned counsel in support of their defense.

3)         In the written version of the O.P. No.1-(S.B.I.) raised voice against the complaint petition that on 27.10.2020 the complainant gave an application to O.P. No.1 with an allegation that she has been deprived up to get the Crop Insurance benefit.  It is admitted by the O.P. No.1 that the complainant is an agriculturist & approached to the O.P. No.1 for financial assistance in shape of KCC Loan/Crop Loan for the Kharif Season 2019 of amount of Rs.88,000/-.  It is also admitted by the O.P. No.1 that after due disbursement of sanctioned loan, deducted an amount of Rs.1,659/- from the complainant’s accounts & sent the said amount to the O.P. No.2 as Crop Insurance Premium amount of the complainant for the Kharif Season in the year 2019.  The details of the premium amount with particulars of the farmers data uploaded by the O.Ps in the online portal of the O.P. No.2 (Insurance Bank).  It is stated in the written version of the O.P. No.1 is that as per the notification of the concern department of State Govt. the Panchayat or locality of the complainant was declared as an affected area under the influence of natural calamities for which there was loss of Crop.  It is also stated that after receipt of the premium amount from the disbursed loan amount of the individual borrower/farmer along with detail uploaded data of in its Portal as uploaded by the O.P. No.1 (Bank).  It is admitted fact that the complainant is a farmer & availed KCC Loan from O.P. No.1 Bank for Kharif Crop in the year 2019.  O.P. No.1 stated that O.P. Bank has no idea & the complainant has no circumstances put-forth his grievance before this Bank in due & proper time.  So the O.P. Bank has not committed any mistake for which the complaint has been debarred to get the Crop Insurance benefit.  Hence the O.P. Bank is no way deficient to provide any such services to this Complainant.

4)         On the other hand, the Opponent Insurance Companies (i.e. O.P. No. 2 and  3)  were  stated  in  their  written  statement  filed  before  this Commission that this case is bad for mis-joinder of unnecessary party such as the O.P. No.2.  It is also stated that O.P. No.2 is neither authorized by the Govt. of Odisha to implement Pradhan Mantri Fasal Bima Yojana (PMFBY) Scheme in the District of Jajpur for Kharif – 2019 on behalf of the Central Govt. as well as Govt. of Odisha nor received any authorization from Govt. to insure the Crop of the complainant for Kharif-2019 under PMFBY.  It is also stated that there is no provision under PMFBY Scheme to insure the loan amount & to deposit the premium for Pre-Kharif.  It is also stated that the details of the insured farmers uploaded by the S.B.I., Kaipada Branch, Kaipada on PMFBY/NCI Portal for Kharif-2019 & it is found that Crop of the complainant over an area 1.34000 hectare belonged to Mouza : Medukul under Mandari G.P. of Bari Block was insured with the O.P. No.3 under PMFBY Scheme for Kharif-2019 for which sum insured of Rs.78,725/- on remittance of Insurance Premium of Rs.1,574.50 by the O.P. No.1.  further it is stated that O.P. No.3 calculated the claim of 337 insured farmers of Mandari G.P. under Bari Block in Jajpur District.  It is also stated that O.P. No.3 under PMFBY belongs to Mouza : Medukul under G.P. Mandari of Bari Block of Jajpur District not under Kalamatia G.P. of Bari Block, Dist:- Jajpur.  It is stated by the O.Ps that as per Actual Yield data and threshold yield data of Jajpuir District provided by the state Govt. of Odisha for kharif-2019 season there is shotfall in yield approximately 20.22 % in Mandari G.P.  Hence, the insured farmers who had grown Paddy in Kharif-2019 Season under Mandari G.P. of Bari Block are eligible to get claim for Kharif-2019 Season @ 20.22 % of loss under PMFBY Scheme.  Hence, there is no negligence or deficiency in service on the part of this O.Ps (Implementing Authority/ agency) of PMFBY in the District of Jajpur for Kharif-2019. 

            We have gone through the written version filed by the O.P. No.1 and O.P. No.2 & 3 and so also the complaint petition of the complainant.  After perusal of the documents/materials & guidelines of the PMFBY Scheme, we came to know that it is admitted fact of the O.P. No. 2 & 3 that the Crop of the complainant over an area 1.34000 hectare belongs to Mouza : Medukul under Mandari G.P. of Bari Block, Dist:- Jajpur was insured with O.P. No.3 under PMFBY Scheme for Kharif-2019 for sum insured of Rs.78,725/- on remittance of Insurance Premium of Rs.1,574.50 by the O.P. No.1.

            On 04.02.2021, the Statement Account from 01.01.2019 to 31.07.2019 of the complainant’s KCC Loan A/c No. 33876701299 shows that the amount of Rs.1,659/- has been debited on 31.07.2019 for the purpose of PMFBY Pre-Kharif – 2019.  It is also admitted by the O.P. No.2 & 3 that, land over which the complainant had grown the insured crop for Kharif-2019 Season under PMFBY Scheme is belongs to Mouza : Meduku under Mandari G.P. & there was shortfall in yield approximately 22.2 %.  In Mandari G.P. of Bari Block in Kharif-2019 Season under PMFBY & accordingly the complainant is eligible to get Rs.15,918/- in consideration her sum insured of Rs.78,725/- under PMFBY, We are of the opinion that the O.P. No.1-(S.B.I., Kaipada Branch) is solely responsible for that & has committed deficiency in service by not uploading the correct address/information of the complainant in the National Crop Insurance Portal (NCIP) as has been provided by the PMFBY Scheme of the Govt. for the Kharif Season -2019.

            According to Para-17.1, 17.2 & 17.3 of Revised operational Guidelines of PMFBY,  it is  specifically mentioned in the guidelines of the PMFBY Scheme that, the Banks are required to upload the insured farmers data mandatorily on the N.C.I. Portal.  No other platform shall be used for uploading/submission of farmer’s data.  Those farmer’s whose data is uploaded in the NCIP shall only be eligible for insurance coverage & accordingly the premium subsidy will be released.  But in cases where farmers are denied crop insurance due to incorrect/partial/non- uploading of their details on portal, concerned banks shall be responsible for payment of claims to them (xerox copies attached), and as such the O.P. No.1 has committed deficiency in service for which the complainant is deprived of getting her legitimate claim due to incorrect uploading of data by the O.P. No.1.

            Further, it is our considered view that, though all the O.Ps have specifically mentioned in their written version that the complainant has already received an amount of  Rs.15,918.18/- towards compensation for Crop loss is a myth, since because both O.Ps have not been adduced any evidence nor have filed any Account Statement relating to such payment made to complainant’s account.

            It is quite interesting that, when the complainant has no agricultural lands in Mouza : Medukul under Mandari G.P. of Jajpur District (Odisha) & the complainant has also filed the xerox copies of her SB Account Passbook bearing No. 11749492182 & Aadhaar Card beariang No. 8226 4952 0820, wherein it was clearly mentioned the address of the complainant as KALAMATIA, KAIPADA, DIST. JAJPUR & the said SB Account Passbook has been issued by O.P. No.1 (SBI, Kaipada Branch) on dt.20.03.2014 (Xerox copies attached & annexed by the O.P. No.2 & 3).  It is also evident that in Para-2, clause (iii) of the PMFBY-Implementation during Kharif-2019 & Rabi 2019-20 Crop Season-Resolution, Ref. No.3137/III-CR-15/19 Coop-date : 25.05.2019 by the Govt. of Odisha, Cooperation Department, read as :

 2. Farmers Covered :

          (iii)  Aadhaaar has been made mandatory for availing Crop Insurance from Kharif-2017 Season onwards.  Therefore, all banks are advised to mandatorily obtain Aadhaar number of their farmers & the same applies for non-loanee farmers enrolled through Banks/Insurance Companies/Insurance intermediaries.

x  x  x  x                x  x  x  x                x  x  x  x

(Xerox copy Annexed & Attached by the O.P. No.2 & 3)

So, it is clearly evident from the above fact that the O.P. No.1 has intentionally & deliberately uploaded the incorrect address of the complainant on the National Crop Insurance Portal provided by PMFBY Scheme of the Govt. and for which the complainant could not get her premium subsidy due to gross negligence & deficiency in service committed by O.P. No.1 (S.B.I. Kaipada Branch) & which is quite evident from the written version filed by O.P. No.1 in Para-7 (ii) of the written version & O.P. No.1 clearly admitted :

“the premium amount along with detail particular of the farmer/borrower uploaded in the online portal of the O.P. Insurance Company.  These functions are carried & under the guidelines of NCI Policy under the PMFBY Scheme”.

From the above observations, it is clearly go to establish that, O.P. No.1 has committed pertinent deficiency in service by not uploading the correct address of the complainant on National Crop Insurance Portal (NCIP) of the O.P. Insurance Company under the PMFBY Scheme & for which  the  O.P.  No. 1 is liable for the loss suffered by the complainant.

 In this regard we deem it appropriate to refer to the case of Manager, Pragathi Krishna Gramin Bank Vs.  Ravindragouda & Ors. 2022 (3) CPR 95 (Karnataka), wherein the Hon’ble Karnataka State C.D.R. Commission, Belgaluru, has held as under : 

“Mistake in Data – for the mistake in data, Appellate Bank is liable for compensation.”

As the O.P. No.1 committed gross negligence & deficiency in service to the complainant, accordingly the complainant is entitled for relief.

O R D E R.

                    Taking into all the facts & circumstances involved in this case, this Commission allowed the present complaint petition on contest against the O.P. No.1 & dismissed against the O.P. No.2 & 3 & further directed to O.P. No.1 to pay an amount of Rs. 53,040/- (Rupees fifty three thousand and forty) only towards Crop loss subsidy with 9 % interest per annum, to the complainant from the date of claim (i.e. from 27.10.2020) & O.P. No.1 is also directed to pay Rs.5,000/- (Rupees five thousand) to the complainant for her mental agony & harassment caused by the O.P. No.1.  The above direction shall be complied within 30 days from the date of receipt of this order, failing which the complainant is at liberty to file execution proceeding U/s 72 of the Consumer Protection Act, 2019 for realization of the awarded amount.

            Issue extract of the order to the parties for compliance.

            Pronounced in the Open Commission on this the 21^st day of January 2023.