Orissa

Balangir

CC/14/2021

Sri Indu Bhusan Rana, S/O- Trilochan Rana, aged about 51 years, Occuption - Culrtivation - Complainant(s)

Versus

The Secretary , Primary Agriculture Co Operative Society, Manahira - Opp.Party(s)

D.K. Panda

03 Jan 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR
ODISHA
 
Complaint Case No. CC/14/2021
( Date of Filing : 25 Feb 2021 )
 
1. Sri Indu Bhusan Rana, S/O- Trilochan Rana, aged about 51 years, Occuption - Culrtivation
At/Po:- Manahira Ps:- Loisngha
Bolangir
Odisha
...........Complainant(s)
Versus
1. The Secretary , Primary Agriculture Co Operative Society, Manahira
At/Po:- Manahira Ps:-Lousingha
Bolangir
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Rabindra Kumar Tripathy PRESIDING MEMBER
 HON'BLE MRS. Smt Jyotshna Rani Mishra MEMBER
 
PRESENT:
 
Dated : 03 Jan 2023
Final Order / Judgement

Adv. For the Complainant -    Sri D.K.Panda

        Adv. For O.P -                             

         Date  of filing of the Case  -25.02.2021

         Date of Order  -    03.01.2023

 

JUDGEMENT

Smt. Jyotsna Rani Mishra  Member

Facts of the case in nutshell -

                                                          

1.            The Complainant has done the insurance of his crops during  the kharif season 2019 and paid the necessary premium of Rs 3458 Three thousand four hundred fifty eight only   through the  secretary   primary agriculture co operative  Society   Manahira  for his crops paddies grown  for an area  of  AC 7.45 Dec. which was deducted by the secretary  from his saving and loan amount bearing No. 27866 by the P .A.C.S under Bolangir  Dist co operative  Bank Ltd. Bolangir on dated 11th July 2019. But the complainant has not yet received a single rupees for the compensation of his crop lost owing to the drought declared by the department of Agriculture. Govt of Odisha and the Insurance company for his Manahira GP during this said kharif season of 2019 . on the other hand all the crop insurance  of that period of Manahira GP have received their due compensation since last September 2020.

                       The complainant was paid the insurance premium money from the saving  Loan account of the complainant shall be held responsible. Complainant to the Op for the due payment of his insurance compensation money but the Op has avoided the same in the plea that he has  transmitted  the insurance  premium money to the concerned insurance company and company has not yet paid single rupees in favor of the  complainant. If the Insurance premium money was transmitted  to the insurance company by the Op and the company has not received the same then how the company has not yet compensated the complainant for his crop loses like other crop insurance. Complainant  sent a pleader notice in this connection  through his Advocate on date. 11th Jan 2021 by register post with AD which received on date. 13.01. 2021.

That the complainant relies on the following documents .

 

1.            Xerox copy of the front page of his SBI loan A.C  bearing No.27866.

2.            Xerox copy of the page  of transaction of the deduction of Rs 3458 by the OP to words the          insurance premium payment for crop insurance .

 

            Op was received the notice from the commission but OP neither appear before  the commission nor file their version Hence Op set exparte from date 30.10.2022 . So OP do not  so any interest in this case.

 

             In the view of above in detail   I feel and observed that OP fail to discharged its duty to compensated the complainant for his crops lost as per with the other crop insurants of his Panchayat  along with an interest of rupees. By which complainant is under mental and physical pain and pressure for his crops lost for that season  period for which he  insured his crops through the OP.

 

                                                                                   ORDER

                I directed to OP that pay 12 percent  interest per annum for the amount from the period when it was due . and to pay Rs.30000 for mental and physical and pressure for his crops lost    within one month from the date of receipt of his order and  to pay  Rs.3000 for litigation expenses. Failing which the OP is directed to pay the entire amount  9 percent  per annum from the date of when it was due to till realization.

 

PRONOUNCED IN THE OPEN COMMISSION TO DAY  3RD   DAY OF   JANUARY 2023.

                                 

 

 

 
 
[HON'BLE MR. Sri Rabindra Kumar Tripathy]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt Jyotshna Rani Mishra]
MEMBER
 

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