DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SUBARNAPUR
C.C. No.02 of 2022
Govinda Chandra Panda, aged about 54 years, S/o. Srinibas Panda, R/o. village - Kirtipur, P.O. Mahima Khaliapali, P.S. Sonepur, District - Subarnapur,
………….. Complainant
Vrs.
1. Chairman-Cum-Managing Director, Agriculture Insurance Co. of India Ltd. At/P.O. Plate B & C, 5th Floor Block - 1
2. Agriculture Insurance Co. of India Ltd. Regional Office represented by its Regional Manager, 87, 1st Floor The Mother, Satya Nagar, Bhubaneswar 751007.
3. The District Magistrate & Collector, Subarnapur, At/P.O./P.S. Sonepur, District – Subarnapur.
4. Deputy Director, Agriculture, Sonepur, At/P.O./P.S. Sonepur, District – Subarnapur
5. Tahasildar, - Chairman, BLJC, Sonepur, At/P.O./P.S. Sonepur, District – Subarnapur
………….. Opp. Parties
Advocate for the Complainant …………. Sri J. Panda
Advocate for the O.P. No.1 & 2 …………. Sri S. Hota
Advocate for the O.P. No.3 to 5 …………. Sri B. K. Dash
Present
1. Sri U.N. Purohit, President
2. Sri H. Padhan Member
Date of Filing Dt.28.04.2022
Date of Hearing Dt.28.03.2023
Date of Order Dt.04.04.2023
J U D G E M E N T
By Sri U.N.Purohit, P.
The complainant filed complaint U/s. 35 of C.P. Act 2019. The case of the complainant in brief is that, the complainant Govinda Chandra Panda is son of Srinibas Panda, R.O.R. recorded in the name of Srinibas Panda in Khata No.305 of Mouza – Kirtipur measuring an area of Ac.17.248 dec. Srinibas Panda alongwith his two sons namely Govinda Chandra Panda and Gopesh Panda partitioned the land in three equal share in the year 2011. They amicably made family settlement.
-: 2 :-
The land fallen to share of Gopesh Panda was/is in his exclusive possession of Gopesh Panda and the share of lands of Govinda Chandra Panda and Srinibas Panda was/is in possession of elder son who is the complainant Govinda Chandra Panda. As because Srinibas Panda retained one share for his maintenance and due to his old age and unable to cultivate authorized his elder son Govinda Chandra Panda to cultivate and look after him. Accordingly, Govinda Chandra Panda was/is in possession of Ac.12.575 dec. out of khata No.305 of Mouza – Kirtipur and maintaining his father since 2011. The complainant being in possession and having right of succession was/is in possession of Ac.12.575 dec., exercising all manner of right, title and interest. He also insured the crops since 2011 under crop insurance scheme in the year Kharif 2017, complainant paid Rs.4500/- to insured paddy crop of 5 Hectors of land under PMFBY Scheme which was accepted on 27.07.2017, issued receipt on 26.07.2017, all the above premium for the land 5 Hectors for Rs.2,25,000/- was insured. Govt. of Odisha declared 47.82% of loss of paddy crops for Mayurudan G.P. under Sonepur Block. Hence the complainant is entitled to compensation amounting to Rs.1,07,595/-.
The O.P. No.2 issued letter No.3707 of 2018 dt.09.11.2018 to submit some documents and clarification by concerned authority i.e. Certificate from authorities local Tahasildar, R.I., that you are only legal heir of your father’s landed property who is the sole owner of all this lands and being cultivated by you. However in case of share holders a self declaration duly certified by R.I. may be furnished, photo copy of land revenue receipts. On the above grounds the O.P. No.2 withheld the compensation amount Rs.1,07,593/- as mentioned in the above letter.
The complainant supplied all the documents to the O.P. No.1 and 2 through Regd. Post inspite of that the O.P. No.1 and 2 not yet released the withheld amount due to carelessness deficiency of service and negligence of O.P. No.1 and 2 the complainant suffered mental agony, physical harassment and financial loss. So the
-: 3 :-
O.P. No.1 and 2 are jointly and severally responsible and liable to pay the amount with proper interest and to compensation for the humiliation caused to the complainant.
The cause of action arosed after 07.10.2021, after compliance of letter No.3707 by the complainant. Hence the case is within the limitation, the complainant is R/o. village Kirtipur and the consideration amount paid to avail insurance service is within the jurisdiction of this Commission. The complainant files following documents i.e. R.O.R. of Khata No.305 of Mouza – Kirtipur, Xerox copy of Affidavit by father of complainant, original money receipt issued by the O.Ps., original self-declaration duly certified by the R.I. Bisimunda, original Report of R.I. Bisimunda, letter of O.P. with endorsement to Tahasildar, Sonepur letter No.3707, compliance report dt.07.10.2021 alongwith post acknowledgement receipt, Rent receipts for three years i.e. 2016-17, 2018-19, 2020-21.
The O.Ps. on receipt of notice appear through their advocates, O.P. No.3 to 5 filed their version and O.P. No.1 and 2 did not file their version and set exparte on 14.02.2023. Though O.Ps. No.1 and 2 appeared on 12.09.2022 they failed to file their version within statutory period. Inspite of that they have given number of scope to filed version at last set exparte on 14.02.2023.
The O.P. No.3 to 5 in their version state that the O.P. No.3 being Chairman and O.P. No.4 is the convener DLMC (PMFBY) have taken all measures to awareness and submitted their report about crop loss in time and the Government has issued notification of crop loss relating to specific unit. After due scrutiny the concerned department has notified for compensation of crop loss, it is the O.P. No.1 and 2 duty bound to provide compensation in time to the eligible farmer, as such they are not liable for the cause of O.P. No.1 and 2.
-: 4 :-
On perusal of complaint petition, supported by documents and submissions made by Advocate for the complainant and Advocate for O.P. No.3 to 5. No issue requires to ascertain the deficiency of service by the complainant on the admission of the O.P. No.1 and 2 vide letter No.3707 dt.09.11.2018 the amount withheld of Rs.1,07,593.60 Paise and the Regd. Post of complainant dt.7.10.2021 complying above letter Registered postal receipt of postal department, it is the deficiency of service by O.P. No.1 and 2 not yet released the crop loss compensation inspite of compliance by the complainant. However from the letter issued by the O.P. itself disclosed the intentional negligence of the O.P. No.1 and 2 to delay payment, claiming clarification about legal heir certificate of his father though the recorded tenant who is father of the complainant alive. There is sufficient materials i.e., Affidavit of recorded tenant Srinibas Panda regarding allotment of lands self declaration of complainant duly certified by R.I. Bisimunda in presence of villagers, the R.O.R. and Rent receipts.
So we comes to conclusion that the O.P. No.1 and 2 without any reason withheld the compensation amount, which was eligible by the complainant as such they are involved in unfair trade practice and deficiency in providing proper service to the complainant. Hence we direct the O.P. No.1 and 2 release the crop loss compensation amount Rs.1,07,593.60 Paise with 12% interest from July 2018. Further we direct the O.P. No.1 and 2 pay Rs.40,000/- as compensation for sufferings of the complainant and Rs.10,000/- towards cost of litigation will meet the ends of justice.
Hence we conclude and directed the O.P. No.1 and 2 to comply this order within one month, failing which 12% interest payable till realization of the awarded amount. Complaint is allowed.
-: 5 :-
Applications pending, if any, stand disposed of in terms of the aforesaid judgment. A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the commission for perusal of the parties.
File be consigned to record room alongwith a copy of this judgment.
Dated the 04th day of April 2023
Typed to my dictation
I agree. and corrected by me.
Sri H.Padhan Sri U.N.Purohit
Member President
Dt.04.04.2023 Dt.04.04.2023
