DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. B OLANGIR.
………………………..
Presents:-
1. Sri P.Samantara, President.
2. Sri G.K.Rath, Member.
Dated, Bolangir the 19th day of February 2016.
C.C.No. 31 of 2013.
Bishikesana Hota , age-54 years son of late Muralidhara Hota, Resident of village-
Brahminjor, P.S.Tusura, Dist- Bolangir, At Present-Palaceline (Near RTO Chowk)
Bolangir, P.O/P.S/Dist- Bolangir.
.. .. Complainant.
-Versus-
1.The Branch Manager, Union Bank of India, Bolangir Branch,
At/P.O/P.S/Dist- Bolangir.
2.Regional Manager, Union Bank of India, Sambalpur,P.O/P.S/Dist-Sambalpur.
3.State of Odisha, represented through Collector, Bolangir.
4.Agriculture Insurance Company of India Limited, Regional Office at Bhubaneswar,
Plot No.87, Satyanagar,Bhubaneswar,Dist-Khurda,Odisha.
.. .. Opp.Parties.
Adv.for the complainant- Sri P.K.Senapati & B.D.Ratha.
Adv.for the O.P.No.2 – Sri R.K.Satpathy.
Adv.for the O.P.No.3 – Sri N.K.Tripathy.
Adv.for the O.P.No.4 - Sri S.Hota & K.C.Hota.
Date of filing of the case- 20.08.2013
Date of order - 19.02.2016
JUDGMENT.
Sri P.Samantara, President.
1 Factual position in nutshell is essentially as follows;-The complainant named Bishikesana Hota son of Muralidhar Hota resident of Brahminijor, Police Station- Tusura, Dist- Bolangir retained a SB Account no-6140020100003773 in Union Bank of India, Bolangir. Being the cultivation as profession, tilling an area of 8 hector land for paddy. The district always vulnerable to nature’s vagary so ensuring crop insurance is a right step and the bank being the nodal bank, opted for crop insurance Khariff season 2011-2012 and accordingly made application, against same an amount Rs 3,750/-( Rupees Three thousand seven hundred fifty) was debited on dt.01.08.2011 as premium. For the documentation submitted crop coverage certificate, land records as to the Rashtriya Krushi Bima Yojana/NAIS guidelines compliance.
2 It is averred for the 2011-12, Brahminijor Gram Panchayat has been declared as the unit for crop damage also co villagers ensured crop insurance in the area but in late he came to know from the nodal bank, the insurance coverage amount per Gram Panchayat as declared by Odisha Government is not yet availed. For such in ordinate delay he served a notice to the nodal bank for the unsettled claim as because it is further averred the National Insurance Company has unable to release the claim, as there was no declaration and premium received from Union Bank of India, Bolangir against “Brahaminijor G.P of Bolangir district for the above season, so no claim was paid to the above bank against the same G.P. The complaint petitioner suffered heavily. Thus the case.
3 Relied on ROR photo copy, proposal form, Pass Book deduction entry, Pleader’s notice and affidavit.
4 On acknowledgement of notice, the O.P.1-Union Bank of India, Bolangir, through the learned advocate filed the written version in which it is admitted the petitioner is loanee farmer of the bank, retained an SB Account No.6140020100003773 against a loan amount of Rs 1,47,225/- and also admitted that the petitioner has raised paddy crop over khata No.78 of Mouza-Brahminijor. It is further admitted that he has submitted the proposal for crop insurance during khariff 2011-12 and same has been remitted to the O.P.No.4 and duly received on dt.03.08.2011 (Good Luck Courier Service). The premium has been deducted from the loanee account towards damage of crop raised and remitted to the concerned authority within the time and procedure. So no deficiency arises on the part of the O.P.1 to shoulder the liability or be saddled with cost. In support of the pleadings submitted Account Statement, Draft prepared slip, copy of dispatch register, loan sanctioned proposal and acknowledgement slip (P.O.D).
5 The O.P.No.4, the Agricultural Insurance Company of India, in it’s version descripts exhaustive guidelines that incorporates RKBY/ NAIS Scheme in the State of Orissa. After thorough verification and process of documentation the claim is disbursed to the nodal bank which in turn disburse the same to the branches who had collected premium and credit the same to the account of respective insured cultivator. Stating the complain petition is not maintainable, No cause of action arises against the O.P. So also it is contended as short fall reported in Brahminijor G.P of Deogaon Block, for paddy crop in khariff 2011 season. Hence claim was payable to Brahminijor G.P of Deogaon Block for paddy crop in khariff 2011 season and also averred this O.P has sent an amount of claim of Rs 49,272.46 on dt.10.08.2012 through a cheque No.996966 to Branch Manager, Union Bank of India, Bolangir Branch, Dist- Bolangir. Further averring the scheme specifically contemplates a clause under special conditions for F.Is/Nodal Banks/Loan disbursing point about the losses due to erroneous declarations by the financial institutions. That in case of a farmer is deprived of benefits under the scheme due to errors /omissions / commissions of the nodal bank/Branch/PACS, the concerned institutions only shall make good all such loss. So the O.P is no more liable pay under the scheme.
6 On perusal of the complaint petition, versions and documents filed by both the parties and submissions from the learned advocates, we draw the following summary in perusal of same. On the outset the complaint petitioner is a loanee farmer from Brahminijor Gram Panchayat is an admitted fact besides the debit of Rs 3,750/- (Rupees Three Thousand Seven Hundred Fifty) towards crop insurance is admitted with remittance of premium proposal form and other documents to the agricultural insurance Co of India Ltd on dt.02.08.2011 by Good Luck Commercial Service vide acknowledgement No.CN.No-13465, however the receiving end denied to have in receipt of same i.e by the Agricultural Insurance Co. Ltd. Further it is admitted the amount to Insurance premium has been deposited in the account No.024010 2000 29494 of Axix bank relating AIC of India. That the transfer voucher dt.01.08.2011 speaks so.
7 On the other hand Agricultural Insurance company of India denied to have received the individual farmer information or details on insurance coverage rather it is asserted the AIC Ltd has communicated vide letter No.375/13 dt.22.07.2013 to the nodal bank to verify the details of the petitioner on availed crop loan, nature of crop, season of the crop and the Gram Panchayat of Bolangir to which the petitioner belongs.
8 In addition it is admitted, shortfall reported in Brahminijor G.P of Deogaon block for paddy crop in Khariff 2011 season. Hence claim was payable to Brahminijor G.P of Deogaon block for paddy crop in khariff 2011 season and the O.P1 has already sent an amount of claim of Rs 49,272.46 on dt.10.08.2012 through cheque No.996966 to the Branch Manager, UBI, Bolangir Branch for the above season for Balangir district which neither denied by O.P.1 amply speaks the stake of the complaint petitioner has received by the bank and the bank is playing truant that the claim amount not has been received. The confirmation rest on the nodal bank to cleanse the mess and contradiction that prevails with.
9 In addition to the post version, the O.P.4 filed rejoinder in which the para wise submission, it is admitted as per the scheme provision for khariff 2011 season, Brahminijor G.P of Deogaon Block of Bolangir has been declared as the Unit notified by Govt. of Odisha and also averred as per the special condition for FIs/Nodal Banks/Loan disbursing points described under the role & responsibilities of Financial Institutions point No.5 of the scheme. In case of farmer is deprived of any benefit under scheme due to errors/omission/commissions of the nodal Bank/Branch/PACS, the concerned institutions only shall make good all such losses.
10 On perusal of the records and responses made by the bank, we found the bank has erred in it’s documentation and subsequent omission/commission in every step, even not cared for the letter dt.22.07.2013 to have requisite response. The callousness and dill dally attitude of the bank thrust heavy loss on the petitioner and bank is liable to pay the petitioner as follows.
11 The petitioner has been insured for a sum of Rs 1,47,225/- and the Govt. has declared the level of indemnity-60% (as per annexure-II),thus Rs 1,47,225/- x 60% = Rs 88,335/- being indemnification value or loss to be apportioned as due benefit not accounted for.
12 In view of the above noted observation, the O.P is at fault, imperfection, short coming, nature and manner of performance relating to rendering of service which is dismal and an intended one for which the petitioner is deprived of his legitimate dues and not yet disbursed and the computed loss comes to an insured sum of Rs 88,335/- for the 8 hector of land as per the consolidated proposal of the bank and accordingly allowed.
Hence ordered.
The O.Ps 1 and 2 are jointly and severally liable to pay the petitioner a sum of Rs 88,000/- (Rupees Eighty eight thousand) only along with a sum of Rs 2,000/- (Rupees Two thousand) only as compensation harassment and mental agony sustained inclusive of legal expenses incurred within 45 days of this order, failing which @ 6% P.A interest will accrue on the principal money from the date of application till realization.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 19TH DAY OF FEBRUARY 2016.
(G.K.Rath) (P.Samantara)
MEMBER. PRESIDENT.
