Dhanurjaya Rana ,S/O- Bhakta Rana ,

                  At/Po- Thuapadar,    Ps-Bhawanipatna Sadar ,

                  Dist-Kalahandi. Odisha.  

                                                                                      …….…Complainant                                                  

Vrs.

1. The Secretary, Thuapadar PACS Ltd. At/Po- Thuapadar, 

     Ps-Bhawanipatna Sadar , Dist-Kalahandi. Odisha.  

2. Union of India, represented through the Commissioner-cum-Under Secretary, Department of Agriculture, Co-operation farmer’s Welfare (DAC & FW), Ministry of agriculture and Farmer Welfare, Govt. of India, New Delhi.
3. State of Odisha , represented through theCollector ,Kalahindi, Bhawanipatna ,AT/PO/PS-Bhawanipatna.
4.  Commissioner-cum-Secretary. Department of Agriculture and Farmer Welfare, Ministry of Agriculture and Farmer Welfare, Govt. of Odisha, Bhubaneswar.
5. Chief District Agriculture Officer, Kalahandi, Bhawanipatna, Odisha.
6. Agriculture Insurance Company, Office Block-1,5^th Floor, Flat B & C,East Kidwai Nagar, Ring Road, New Delhi,110023.
7. Bhawanipatna Central Co-Operative Bank Ltd.

     At/Po/Ps-Bhawanitana Dist-Kalahandi ,Odisha

…….Opps Parties

PRESENT:

       For the Complainant:  Self .

       For the O.P 1:  P.C .Bhoi . Chie Executive , Thuapadar PACS Ltd. 

       For the O.P 2:   Kamna R. Sharma ,Additional Commissioner  (Credit) GoI ,Department of Agriculture & Farmer Welfare ,Krishi Bhavan, New Delhi .

       For the O.P 3 & 4: Sri.Preomod Kumar Sahu, Deputy Register of C.S ,Kalahandi Division.

       For the O.P 5 : Self ,

       For  the O.P 6 : Shri P.K.Bhoi,Advocate

      For  the O.P 7 : Smt. Pratikshya Mishra ,I/C AGM BCCB Ltd, Kalahandi. 

JUDGMENT

 Sri A.K.Patra, President

1. The captioned Consumer Complaint is filed by the complainant named above inter alia alleging negligence & deficiency in service on the part of Opposite Parties for non release of crop insurance benefit under Pradhan Mantri Fasala Bima Yojana (PMFBY) towards loss of paddy crops grown in Kharif 2022-23 .
2. The complainant seeks for an order directing the Ops to release the   crops insurance benefit under PMFBY and further prays for all other reliefs as the Commission may deem think fit & proper.
3.  The factual matrix leading to the case of the complainant as emerged from the case record is that, complainant is a farmer by occupation. During Kharif season 2022-23 he had cultivated paddy crop over his agriculture land of  Mouza/village Thuapadar taking agriculture loan from the OP 1/ Thupadar PACS Ltd  and got the crops insured with AIC/OP 6  under PMFBY contributing insurance premium @ 2% of sanctioned Loan.  It is further submits that, said insured paddy   crop grown in Kharif 2022  got damaged  accordingly co-farmers have already received their insurance benefits but no insurance benefit is released to the complainant due to negligence & deficient service of Ops which caused financial loss & mental agony to the complainant . Hence, this complaint.
4. On being notice, the OP1/ the Executive Officer ,Thupadar PACS Ltd  filed their written version admitting the facts that , the complainant has availed one Agriculture loan from Thupadar PACS Ltd  vide KCC No. 121401540   to the tune of Rs. 50,000/- against land pertaining to Khata No. 160 of Mouza/village -Dungripadar  under thuapadar G.P, PS/Tahasil-Bhawanipatna  Sadar ,Dist-Kalahandi. And in the said loan a sum of Rs. 1000/- i.e @ 2% of the loan amount is being deducted towards the premium  for crops insurance under PMFBY for Kharif 2022  and that, the same premium  is remitted to the Agriculture Insurance Company of India /OP 6 through BCCB Ltd Bhawanipatna/Op 7 after completion of all formalities and,  accordingly Policy No. 54200570 is issued in favour of the complainant by the Insurance Company . It is also admitted that, Govt. of Odisha has declared crops damage @ 24% in the Thuapadar  GP  for the Kharif Season 2022 .It is further submits that, the AIC is duty bound to provide crops insurance benefit to the insured farmer/complainant directly but there is no insurance benefit release to the Thuspadar PACS Ltd payable to the complainant . There is no negligence or deficient service on the part of Thuapadar PACS Ltd as such complaint is to be dismissed with cost.
5. The Op 2 through Kamna R. Sharma, the Secretary ,Ministry of Agriculture & Farmers Welfare Govt. of India has filed their written statement stating  there in that, PMFBY is a multi stake holder scheme which involves Government of India ,State Government ,Banks, Common Service Centre(CSC) who are involved in the execution of the crops insurance scheme & in the  procedure of assessment of insurance benefit payable to the eligible farmers .The UoI /OP2 has denied their liability or onus towards complainant  and urged to dismissed this  complainant.
6. The Op 3/ State of Odisha represented through the Collector, Kalahandi filed their writing version from the hand of Sri.Promod Kumar Sahu , Deputy Register of Cooperative Societies ,Kalahandi Division which contents that ,the Insurance Company has received the premium and the insurance company is solely responsible to provide the insurance benefit to the insured  bank  account directly on declaration of  crops damage in  particular G.P. And that, the crop Insurance under PMFBY is being performed under the Bhawanipatna Central Co-Operative Bank Ltd.(BCCB Ltd) and as  per the report of the Chief Executive Officer ,BCCB the Insurance Claim has not been released by the Agriculture Insurance Company of India /AIC but the reason is not  known.
7. The Chief District Agriculture Officer/Op5 for himself & representing the Op 4 submits their written version vide letter no. 6379 /Agril,  Dt. 26/04/24   admitting the facts that, during Kharif 2022 Thuapadar  GP of Bhawanipatna Block was declared 24.27%  short fall yield.  The details parameters as provided by AIC are as follows: Threshold Yield: 2451, Actual Yield: 1856, Short fall Yield: 595.
8. The Agriculture Insurance Company of India Ltd /OP 6 appeared through their Learned Counsel Shri P.K.Bhoi  and filed their written version admitting the facts that , the complainant was enrolled with 2 policies, Policy No. 0401212210100696985 (2 application) Policy  through Bhawanipatna CCB ,Sadar Branch/op7  and all these 2(two)  applications of the complainant got approved by the Op/AIC and payment was attempt via DIGI -CLAIMS. However, KCC account was entered by bank during enrolment which led to failed payments through NCIP on 24/07/2023,.However ,KCC account entered by banks during enrollment which led to failed payment through NIC(DIGI-CAIMS) (Account based payment on 24/07/2024 ). These applications never migrated to ADHAR based payment for release through NCIP. The OP/AIC has attempt payment and has now contacted CCBs for correct Bank Account details. So many corresponding was made to the concerned authority of Govt. of India as well as Govt. of Odisha in this regards but those were not responded .It is further submitted that, the entire process flow of Digi-Claim and NCIP is designed & monitored by the central Government only and, Insurance Company only acts in the processing part of eligible claims which this op has attempted and is in the process of attempting again and has now contacted CCBs for correct Bank Account details of the complainant so to release the accrued  insurance benefit . It is further submits that, there  is no negligence or deficient service  on the part of AIC rather, the concern bank is duty bound to ensured payment of crops insurance benefit to the insured loanee farmers as per point 35.5.13 of revised guideline of PMFBY.
9. The AIC/OP 6 has relied upon & filed the following documents along with their written version :- (i) Copy of mail dt. 05/04/2024 seeking details from all CCBs for getting correct bank account details from farmers (Annexure 3), (ii) Letter to MD ,Odisha State Cooperative Bank Ltd. Dt.05/04/2024 for sharing of claims payment re-issuance request cum self –declaration for claims under PMFBY Kh.22 (Annexure 4), (iii) Letter no.F.No.13018/01/2022-Cr.II.(FTS 106634) dt.5^th July 2022 (Annexure 5), (iv) Letter no.9S(33) C1-11/22 Dt.29.09.2023 (Annexure 6), (V) Mail dt.29.09.2023 by Nodal Officer ,PMFBY ,Odisha (Annexure 7). (vi) Letter no. F.No.13012/02/2016-Credit-II(Pt.) FTS 71809 Dt.10^th  October 2023 (Annexure 8), (vii) Copy of Judgement Canara Bank vrs. Seth Prakash Jain & Anr.(2014) CPJ 76 (NC) (Annexure 9), (viii) Copy of Judgement passed in Amarsingh Shivajirao Pandit vrs State of Maharashtra THROUGH Commissioner of Agriculture & others (PIL No. 73 of 2018) (Annexure 10).
10. The Op 7/BCCB Ltd through one its Chief Executive Officer Sri. Kartik Chandra Jali has filed their written version corroborating the facts stated there in the written version of Op 1/Thuapadar PACS Ltd. The Op 7/BCCB has also admitted the facts that, the insured farmer/ complainant has not yet received his entitlement of accrued crops insurance benefit for the loss of crops grown during Kharif 2022 and the reason of which is not known to the Op 7 /BCCB Ltd .However, the OP 7 on dt. 09/04/2024 has obtained the CLAIM INSURANCE REQUEST -CUM- DECLARATION from the complainant along with copy of ADHAR card of the complainant vide No.4559 4235 7174  ,Copy of SB A/C vide No.90792640313 there with the  State Bank of India, Pastikudi and submitted the same to the Agriculture Insurance Company of India /OP 6 for releasing of the accrued crop insurance benefit under PMFBY to the account of the complainant directly. Copy of those are enclosed as Annexure -1 series of the written version and with this submission the OP 7/BCCB Ltd urged to dismissed this complainant calming no negligence or deficient of services on their part.
11.  Heard. Peruse the material available on record. We have our thoughtful consideration on the submission of rival parties present.
12. Admittedly, PMFBY is a multi-agency scheme wherein the roles and responsibilities of each party are separate and well -defined. The Op 6/AIC is one of the companies implementing PMFBY on behalf of the Central Govt. & State Govt. of Odisha is not disputed.
13. Here in this case, it is not disputed that, the complainant avail agriculture loan/ KCC from the Thuapadar PACS /OP 1 during Kharif 2022 and got insured of his crops by contributing insurance premium of Rs. 1000/- i.e  @2% of sanction loan of Rs 50,000/-under PMFBY which is remitted to the AIC/OP 6 by BCCB Ltd / OP 7 . Insurance is also not disputed. It  is also not disputed that, all the Ops has specific roles & responsibilities to provide their services to wards insured member farmers and to ensured release of insurance benefit to  the insured farmer under the prevailing PMFBY guideline . As such this Commission here by safely holds that, the complainant is a consumer of Ops and again we are of the opinion that, the Ops are jointly liable to provide adequate service on time so to release accrued crops insurance benefit to the insured farmer/complainant at peril.
14. The Chief District Agriculture Officer/Op5 for himself & representing the Op 4 vide letter no. 6379 /Agril, Dt. 26/04/24   informed the facts that, during Kharif 2022 Thuapadar GP of Bhawanipatna Block was declared 24.27% short fall yield remain undisputed as such this Commission here by concludes that, the complainant is entitled to get crops insurance benefit @ 24.27 % of sum assured of Rs.50,000/- i.e Rs 12,135/- with interest @ 9% p.a . 
15. The learned counsel for the insurance OP 6/AIC submits that, there is no negligence or deficiency of services on the part of the op/insurance company. He draws the attention of the Commission over the point 35.5.13 of the Operational guideline of PMFBY as follows:- “ Bank shall ensure that the farmers are not deprived of any benefit under the scheme due to errors/ omissions/commissions of the concerned branch/PACS ,and in case of such errors, the concerned agencies shall have to make good of all such losses.”
16. Admittedly, as per PMFBY guideline, the  op 1 /Thuapadar PACS & the   Op 7/BCCB Ltd are jointly duty bound to ensured release of insurance benefit to the insured loanee farmer but here in this case it is seen that, the op 1 /Thuapadar PACS & Op 7/BCCB Ltd have admitted the facts that, no insurance benefit has been credited to the account of the complainant and the reason of which is not known to them clearly proved their negligence & deficient services towards the complainant.
17. The op 1 /Thuapadar PACS and  Op 7/BCCB Ltd have  tried to shift the responsibility to the insurer/AIC  without ascertained the true facts narrated by the AIC/Op 6 that, for transparent calculation and settlement of claims by insurance companies  ,claims module namely, Digi-Claim has been developed and implemented w.e.f Kharif 2022 season wherein all the claims are worked out through National Crops Insurance Portal (NCIP) instead of by insurance company and paid to farmers accounts using Public Finance Management System (PFMS) ,which is entirely monitored by Central and State Government. The details of the communication made to the concerned officials of the Central Government & State Government in this regards placed in the record which this  Commission has gone through and found that, the AIC/OP 6 has tried its best to release the insurance benefit to the concerned insured farmers/complainant clearly proved that, there is no negligence or deficient services on the part of the Op 6/AIC  rather, the concerned officials of State Government of Odisha and  BCCB Ltd/op 7 has not acted promptly for the wellbeing of the insured farmers caused frustration of the very purpose of PMFBY which squarely proved the negligence & deficient service there on the part of the concerned officers of the both State of Odisha and the OP 7/BCCB Ltd .
18. Mr. Kartik Chandra Jally Chef Executive Officer, BCCB Ltd , representing the OP 7/BCCB Ltd  so also Sri Promod Kumar Sahu ,the Deputy Registered of Cooperative Societies  ,Kalahandi Division, representing the State of Odisha are being  responsible person,  without taking pain to ascertain the true facts & by concealing the relevant facts haphazardly  submits their respective written version stating there in that, the reason of non release of  crops insurance  benefit to the insured farmer/complainant  is not known to them, clearly proved their  negligence & deficient service  certainly frustrate  the very purpose of the PMFBY caused injuries such as financial loss & mental agony  to the complainant may not be denied .The BCCB Ltd / OP 7 and State of Odisha /OP 3 being the employer of such officials  are liable to compensate the complainant adequately for the injuries suffered. Hence, this Commission think it proper to award punitive damage of not less than Rs.10,000/- each  against the OP 3/State Of Odisha  & OP 7/BCCB Ltd  which may be recovered from the concerned  officials on their own cost   payable  to the complainant   may heal the injury of the complainant to some to extent. 
19.  It is seen that, pending disposal of this complaint, the Op 7/BCCB Ltd on dt 09/04/2024 has submitted the PMFBY -Claim Payment Reissuance Request -cum- Farmer Self -Declaration for Kharif 2022 received of which is not denied by the AICV/OP 6 but nothing placed on record assigning the reason for delayed in submission of afore said PMFBY -Claim Payment Reissuance Request -cum- Farmer Self -Declaration for Kharif 2022. So also nothing placed on record by the AIC/OP6 to hold that, the AIC/OP 6 has ever promptly acted upon the afore said Claim Payment Reissuance Request -cum- Farmer Self -Declaration on dt 09/04 /2024 . Nothing material placed on record to hold that, accrued crops insurance benefit for the loss of crops grown during Kharif 2022 has been released to the complainant as on date which clearly proved negligence & deficient service there on the part of Op 7/BCCB Ltd and OP 6/AIC certainly caused financial loss & mental agony to the complainant cannot be denied. .
20. Admittedly accrued crops insurance benefit is not yet released to the insured farmer/complainant due to negligence & deficient service of the Ops .As such this Commission is of the opinion that, there is sufficient cause to bring this complainant and it is filed on time well within the jurisdiction of this Commission, maintainable under C.P .Act 2019 . Hence, this consumer complaint is allowed against the Ops with the following order ;-

O R D E R

       This consumer complaint is allowed on contest against the   Opp.Parties with the following   direction:-

1. The OP 6/Agriculture Insurance Company of India Ltd is here by directed to release the insurance benefit @ 24.27 % of sum assured of Rs.50,000/- i.e Rs 12,135/- under PMFBY with interest @9% from the date of filing of this complaint i.e. from 24/01/2024  till its realization .
2. The OP 3 and OP 7 are directed to pay compensation of Rs10,000/- each  to the complainant which includes  cost of this litigation.
3. It is further directed to comply the aforesaid order within four weeks from the date of receipt of a copy of this order falling which the defaulting party shall be liable to pay additional Rs.100/-(one hundred) per day as delayed compensation to the complainant till compliance of this order .

Dictated & corrected by me.

President

        I agree.

                                          Member

          Pronounced in open forum today on this 22th August  2024  under the seal and signature of this Commission .The pending application if any is also stands disposed off accordingly.

          Free copy of this order be supplied to the respective parties or they may download the same from the Confonet to treat the same as copy of the order receipt from this Commission. Order accordingly.