District Consumer Commission, Bokaro.

Case No. 158/2018

  Date of Filing-24-12-2018

 Date of Order-31-05-2022

Nibaran Chandra Mukharjee

R/o Village- Dhadkia, P.O. Ponda Via Kasmar, District- Bokaro.

                                      Vr.

1.  The Oriental Insurance co. Ltd.

     Branch-1, Sector-4, Bokaro Steel City

2. The Oriental Insurance Co. Ltd.

     Reg. Office A 25/27, Asraf Ali Road, New Delhi, 110002

Present:-

          Shri Jai Prakash Narayan Pandey, President

             Smt. Baby Kumari, Member

                                                -Order-

1.     Complainant has filed this case with prayer for direction to O.P. No.1 to make payment of Rs. 51,627/- with interest @ 18% as crop insurance and to pay Rs. 20,000/- as compensation to the complainant.
2.     Complainant’s case in brief is that he obtained insurance policy under Pradhan Mantri Fasal Bima Yojna for the year 2017-18 but due to excess rain there was loss of the crop hence he applied for payment of compensation @ Rs. 9381/- per acre but only Rs. 4659/- was paid and rest of the amount was not paid for which he made correspondence with O.Ps. having no impact. Further case is that insurance policy was for the crop standing on 6 acre land but he has not been paid remaining amount Rs. 51,627/-by the O.P. No.1  related to rest of the land hence case has been filed.
3.     Reply has been filed by O. P. No.1 mentioning there in that the facts mentioned in the complaint are denied and O.P. has wisely settled the claim on the basis of documents produced at the time of settlement. Further reply is that it is clear that cropping was on 6 acre land which was for commercial purpose hence case is not maintainable.
4.     Reply by O.P. No.2 has been filed mentioning there in that the complainant has already received payment for the 50 Decimal land and process for rest of the land 5.50 acre is going on in which there is no latches on the part of the Government officials.
5.     Point for consideration is whether complainant is entitled to get relief as claimed ?
6.     It is apparent from reply of both the O.Ps. that crop of the complainant was standing on 6 acre land and there was insurance for said crop. Compensation for the crop related to 50 decimal land has already been given but there is no reason for denial related to payment of compensation in respect to 5.5 acre land. Therefore, it is not permissible to say that the cultivation was made only for the purpose of commercial use.
7.     On perusal of entire materials available on record we are of the opinion that there is no justifiable reason in respect to  nonpayment of the compensation for rest of the land i.e. 5.50 acre. Hence we are of the opinion that the claim of the complainant is liable to be acceptable.
8.     In the given facts especially in light of admitted facts as well as the facts which have not been denied, we are of the opinion that complainant is entitled to get relief in the following manner as indicated below:-

O.P. No.1 is directed to pay Rs. 51,627/- to the complainant within 60 days from today failing which complainant will be entitled to get interest @10% per annum from 24.12.2018 (i.e. the date on which complaint was filed). Further O.P. No.1 is directed to pay Rs. 2000/- within 60 days from today as compensation for physical and mental harassment caused to the complainant. O.P. No.1 is further directed to pay Rs. 1000/- within 60 days from today to the complainant as litigation cost.