Counsel for:

       For the Complainant:  Self .

       For the O.P 1:  Shri P.K.Bhoi, Advocate

       For the O.P 2: Not appeared

       For the OP 3: Self

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 PMFBY towards loss of paddy crop grown in Kharif 2021-22.
2. The complainant seeks for an order directing the Ops to release the   crop insurance benefit and for award of compensation towards financial hardship and mental agony suffered along with all other allied  benefit with interest  and litigation cost.
3. The factual matrix leading to the case of the complainant as emerged from the case record is that, the complainant is a farmer by occupation. During Kharif 2021-22 he had obtained agriculture loan from Indian Overarches Bank Bhawanipatna Bank/Op2  vide KCC A/C No.070702000001292 IFSC Code No.IOBA00000707 and insured his crop grown over his agriculture land situate under  Thuapadar G.P  vide Policy No. P/OD/121/00012618. Thuapadar G.P was declare 79%drought effected   but the insurance benefit under PMFBY was not release to the complainant in spite of several request to the Bank/Op2  as well as AIC of India/Op1  which cause financial loss and mental agony to the complainant . It is further stated that, due to incorrect account number of the Lonee farmer/complainant placed in the Govt. PMFBY portal the insurance benefit under PMFBY was not released to the complainant and that, though latter on the IOB,Bhawanipatna Branch/OP2  has rectified the a/c  details of the complainant and  sent to the  AIC Bhubaneswar in XL Sheet but in spite of said ratification of the A/C NO. of  the complainant the AIC of India/op1has   not responded to release the Crop insurance benefit under PMFBY to the complainant hence this complaint.
4. On being notice, the OP.1/AIC of India appeared through their Learned counsel but no written version is filed.
5. The O.P 2 has not preferred to contest the case though notice has been properly served .No  written version is filed by the Op 2/Bank .
6. The O.P 3 filed their written version in person vide letter No.6326 dt.05.06.2023 of Chief District Agriculture Officer ,Kalahandi stating therein that, during Khariff 2021-22 Thuapadar G.P of Bhawanipatna Block was declare 79% drought effected.
7. No written version is filed by O.P 1 & 2 as such the contention of the complainant remain un-challenged.
8. However, as per Sec.38(6) of C.P.Act,2019 every complaint shall be heard by the District Commission on the basis of affidavit and documentary evidence placed on record ; as such it casts an obligation on the District Commission to decide the complaint on the basis of evidence brought to its notice by the complainant and the service provider/seller, irrespective of whether the service provider/seller adduced evidence or not. The decision of the District Commission has to be based on evidence relied upon by the complainant. The onus thus is on the complainant making allegation.
9.  Heard .Perused the material available on record. We have our thoughtful consideration on the submission of  the complainant.The complainant present and submits that, after receiving of notice from this commission, the Op 1/AIC of India has released the insurance benefit to the account of the complainant but it is in too late caused financial loss & mental agony as such he wants to continue his case claiming interest & compensation for sufferings of mental agony. Accordingly we have proceed to decide this complaint on merits as to whether the Ops are deficient in service for non release of the insurance benefit to the complainant earliest caused financial loss & mental agony to the complainant and whether the complainant is entitled for the relief(s) claimed ?  
10. Admittedly, PMFBY is a beneficial scheme of the government meant to protect the farmer at peril.
11. Para 17 of revised PMFBY casts a duty on the Bank that:- the Bank are required to upload the details of insured farmers’ data mandatorily on the National Crop Insurance Portal . The concern branches of the Bank and Nodal Banks/DCCB in case of PACS will upload the details of the individual insured famer (Both Loanee & Non-Loanee) like farmers’ name, Fathers name ,Account Number, Aadhar Number ,Village ,Categories-Small & Marginal /SC,ST /Women insured area , details of insured land , insured crop(s) etc. as prescribed in online application on National Crop Insurance Portal and CBS integration mandate and submit the same within stipulated cut-off-date as per the seasonally discipline. The Banks /PACS must also ensure the premium amount is remitted to the concerned insurance company electronically within the stipulated time. Here in this case received of premium is not disputed by the insurance company/OP1.
12. It is also contended there in the said guideline that : “Insurance Company should also reconcile the details of individual insured farmers uploaded on the portal  with the premium/consolidated  declaration receipt from each branch/nodal branch within the stipulated date and any deficiency/mismatch may be reported to the concerned bank branch/nodal bank. The bank branch/nodal bank should further send /upload the requisite information in respect of such farmers for whom clarification has been sought immediately within seven days.” But here in this case the Bank/Op2 has neglected to sent correct data  for clarification as sought by the OP1 /insurer.
13. The complainant is a loanee farmer availed agriculture loan from the Op 2/Bank and his crops grown over land situated under Thuapadar G.P of Bhawanipatna Blok during Kharif 2021-22 was insured with the AIC of India /Op 1 and that, it is declared  79% drought affected in Thuapadar G.P of Bhawanipatna Blok during Kharif 2021-22 is proved by the Op 3.vide letter no. vide letter No.6326 dt.05.06.2023 of Chief District Agriculture Officer ,Kalahandi
14. The complainant, to substantiate his contention has filed his affidavit evidence as prescribed under C.P. Act, the averments of which are corroborating with the averment of the complainant remains un-rebutted. Hence the contention of the complainant petition is proved on affidavit.
15. On perusal of the undisputed conversation between Op 1/AIC of India and the Op 1/Bank through e-mail placed on the record it is found that, the AIC of India/Op 1 has notified and communicated the facts to the Op 2/Bank on Tue, Aug,2022,4:28 PM that, claims against some applications of eligible farmers (including this complainant) were revert back to AIC due to invalid or incorrect IFSC Code /Account No. entered in the GOI PMFBY Portal .And  After receiving of said e-mail Tue,Aug 23 ,2022, the Op2/Bank vide e-mail dt. 15.09.2022 forwarded the correct A/C NO. and IFSC Code of their bank customer and lonee farmers (including the complainant) those who are left out from getting PMFBY claim for the Kharif 2021-2022 due to wrong a/c no. and ifsc code with a request to do needful as earliest possible but not within seven days rather in too late which was also not responded by  the OP 1/ AIC of India immediately clearly proved the negligence & deficient service on the part of both the OP1/AIC of India and Op2/Bank  certainly caused financial loss & mental agony to the complainant cannot be denied for which the complainant is entitled to be compensated .
16. Admittedly the insurance benefit under PMFBY was not released earliest to the complainant/lonee farmer till filling of this complainant i.e till dt. 08.05.2023 only due to the wrong entry of the A/C No. of the complainant in the GoI.PMFBY Portal  which clearly proved the negligence & deficient service on the part of the OP2/Bank certainly caused financial loss & mental agony to the complainant cannot be denied for which the complainant is entitled to be compensated .
17. The complainant on affidavit swears on dt. 05.05.2023 placed on the record proved that, he had not received the crop insurance benefit till 05.05.2023 remains un-rebutted.
18. There is also a duty cast in Para 17.12 of the revised guideline of PMFBY that:-“insurance company should verify and satisfy themselves about the coverage of farmers/crop and give acceptance to the application submitted by bank electronically through National Crop Insurance Portal.”  Para 17.13 of the said guideline contended that:-“all insurance companies will compulsorily verify and take necessary action including approval/rejection of proposal or policy of any farmer through crop insurance portal within stipulated date.” Para 27.1.1 of the revised PMFBY guideline- Bank and other financial institutions etc. shall be paid service charge @ 4% of the farmer share of premium by insurance company as generated from the portal and within the 15 days of finalization of business statistics
19. The PMFBY  makes it compulsory and duty bound on the part of  bank to insure the crop of the loanee farmer by deducting adequate premium from the account of the loanee farmer and to remit the same along with the information detail of the  farmer/complainant , crop insured, collect CSC Form in prescribed manner, as such remittance of premium & required information  of the insured farmer to the insurance company is the business between the bank/Op 2  and insurer/OP1 .Accordingly we are of the opinion that, the loanee farmer /here the complainant is no way responsible for any omission / commission  made by the Bank /OP2 if any , while furnishing information in the concern portal at the time of remittance of insurance premium for further reference  by the insurer/OP1  when the crop of the insured farmed sustained loss. As such, we are of the opinion that, for any negligence/omission or commission on the part of the OP2/Bank if any, the poor insured farmer /complainant should not be put into loss resulting frustration of very purpose of PMFBY of the government.
20. Based on above discussion we found negligence & deficient service on the part of the Ops 1& 2 for early settlement of the insurance claim of the complainant & they have derailed from their duty under PMFBY caused financial loss & mental agony may not be discarded  for which there is sufficient cause to bring this complainant and it is found in time well before this Commission maintainable under C.P  Act 2019
21. Based on the above facts & circumstances and as per revised guideline we are of the opinion that, enjoying the premium received from the farmer/complainant and sitting over the claim of complainant for uncertain  period of time at the peril is nothing but an act of unfair trade practice & defiant service proved against the op 1. As such Op 1 is liable to compensate. Further we found that, the  OP 2/Bank has derailed from their duty under PMFBY certainly caused mental agony to the complainant .The  financial hardship & mental agony cannot be assessed, however monetary compensation of not less than Rs 50,000/- payable by the PO 1 & 2 equally i.e Rs .25,000/- each to the complainant may compensate him  to some extent. We found no negligence & deficient against the Op 3 as such the complainant is to be dismissed against the Op 3 .Hence it is ordered.

O R D E R

   This consumer complaint is allowed in part ex-party against the OP 1 & 2 and dismissed on contest against OP No.3 with the following directions: -

1. The AIC of India /Op 1 and IOB, Bhawanipatna/Op 2  are    here by directed to pay Rs 25,000/- each, which include cost of this litigation , to the complainant as compensation towards financial loss & mental agony suffer due to their negligence & deficient service for delayed in release of crops insurance benefit to the complainant under PMFBY.
2. 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 both the  Opposite Parties No 1& 2  shall be liable to pay Rs.500/-(five) each per day as compensation to the complainant till compliance of this order .

  Dictated & corrected by me.

   Sd/-

President 

I agree.                                    Sd/-

                                            Member.                             

Pronounced in open Commission today on this 26^th Oct  2023 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.