JUDGEMENT
The facts of the complaint in brief is that the complainant is a farmer by profession and he availed agricultural loans KCC loan of Rs.28,135/- from the Opposite Party No.1 and he has deposited RS.635/- vide Cheque No.67526 dt.24.06.2015. In the year 2015 the State Government has declared 65% compensation for the loss of crop of Kashrupada Panchayat. As per the guidelines of National Agricultural Insurance Scheme the loan amount of the farmer must be covered with insurance but due to the negligence of the OP 2 Bank the agricultural insurance premium of the complainant was not deposited by the OP Bank as such the complainant could not avail the insurance amount for the Kharif Season 2015 and the complainant was deprived of to avail the insurance amount. Most of the farmers of the said Panchayat of the complainant has got the benefit of crop insurance but the complainant has not received compensation amount towards the loss of his crop. When the complainant could not get his insurance amount he enquired the matter and came to know that the agriculture crop insurance premium could not be remitted by the OP Bank as such the OP Bank is deficient in giving service to the complainant and the complainant has suffered financial loss and mental agony and hence prayed to direct the Opposite Parties to pay the insurance amount crop loss and direct the OPs to pay compensation of towards mental agony and any such other relief as the forum deem fit and proper. Hence, this complaint.
Being noticed the Opp.Party No.1 & 2 appeared and filed their separate written version. It is submitted by the Opposite Party No.1 that the Primary Agricultural Central Society, Kashrupada has collected the insurance premium from the complainant and deposited with the Opp.Party No.2 Bank and the Opp.Party Bank has deposited total amount of Rs.23,657/- on 22.08.2018 to the insurance company on 22.08.2018.
It is submitted by the Opp.Party No.2 that the complainant is a loanee of Kashrupada PACS and the PACS i.e. OP No.2 has collected the crop insurance premium and the premium amount remitted to the Agriculture Insurance Company in September,2015 though the Opp.Party No.2. The Kashrupada G.P was declared crop loss but insurance company did not deposit the claim amount in the name of the complainant and hence the complainant is debarred from the claim. There is no negligence on the part of the OP Bank. It is the negligence of the Insurance Company and due to non joinder of necessary party to the insurance company, the petition filed by the complainant is liable to be dismissed.
F I N D I N G
On perusal of the complaint petition, written version filed by the Opposite Party through their learned advocates, document relied on by both parties and after hearing their argument, e are of the opinion that the only point for consideration is whether the complainant is entitle to get insurance benefit as against the agricultural loan(K.C.C.Loan) of Rs.28,135/-.
It is admitted case of both the parties that the complainant had availed aKCC loan of Rs.28,135/- from the Primary Agricultural Central Society, Kashrupada for the Kharif season of the year 2015. It is also admitted that a cheque of Rs.635/- dt.24.06.2015 was drawn from the loan account of the complainant towards insurance for crop damaged for that year. It is also admitted that Government of Odisha declared crop loss in the district of Kalahandi including Kashrupada panchayat in Kesinga block to the extend of 65%. The complainant alleged that when all the cultivator of his block are paid insurance amount he did not get the same for which he contacted the Society and as they inform that they have deposited the amount but as there is no insurance against his loan he will not get the insurance benefit due to crop loss. It is found from the document and argument of the Opposite Party that the Bhawanipatna Central Cooperative Bank has received Rs.67,33731.37 towards crop insurance indemnity for Kharif Crop Season for Kesinga Block along with other blocks. This has also been intimated to Manager, BCC Bank Ltd. Kesinga vide their letter No.2167 dt.5.12.2016 . It is found that the Opp.Party No.2 has intimated this Forum on dt.5.10.18 that they have received the amount deposited in the Society and deposited in Kesinga Branch of BCCB, Bhawanipatna which was deposited in the insurance company on 22.8.2018.
In the above facts and material available on record, it is surprise to note that the Ops though their advocate argued that the complainant has filed a false case and the case is not maintainable and also that the insurance company is not made a party for which the case is liable to be dismissed which in our opinion is not sustainable in the eye of law. When the complainant has no direct contact with the insurance company as the Ops had deposited the insurance premium in lump sum collected from the various society, it is the duty of the Ops who had collected the insurance premium of the farmers through their representative society to see that the farmers get their genuine insurance claim. Instead the OP had taken the plea that they have deposited the insurance premium of the farmer and the insurance company is liable if the loan of the complainant is not insured by them. While the Chief Executive, Kashrupada PACS Ltd. intimidated to this forum that the insurance amount collected from the farmer to the tune of Rs.23,657/- has been deposited in the Kesinga Branch of BCCB which as deposited in the insurance company on 22.8.2015 as per transfer register , while in the written version it has been mentioned that the insurance amount had been remitted to Agricultural Insurance Company of India Ltd. BBSR in September,2015.
In the above finding it is the sole responsibility of the Ops to indemnify the crop loss to the tune of 65% of the loan amount. The complainant is not responsible for any communication irregularities between the Ops bank and the insurance company and hence it is ordered.
ORDER
It is ordered that the Ops are jointly liable to compensate the crop loss to the tune of 65% as declared by the government and adjust 65% of the loan amount to the K.C.C. Loan granted to the complainant and if the loan amount has already paid been then pay the same amount to the complainant. The Ops are also directed to pay Rs.2,000/- towards litigation expenses to the complainant. The above order is to be complied by the OPs within 45 days from the date of receipt of order, failing which execution proceeding shall be initiated against the Ops for compliance of order.
Pronounced in open forum today on this 20thday of December,2018 under the seal and signature of this forum.
Member President
Documents relied upon:
By the complainant:
- Copy of application dt.21.12.2017 of complainant
- Copy of Receipt No.067526 dt.24.06.2015
- Copy of Aadhar Card No.9245 3577 6556 & Voter Id
- Copy of Savings Bank Pass Book of complainant.
By the OP:
- Copy of letter dt.04.10.2018
- Copy of Receipt No.31 & 34 of BCCB, Kesinga
- Copy of Crop Insurance List-11 sheets.
- Copy of National Agricultural Insurance Scheme- 8 Nos.
President
