IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Sri Pitabas Mohanty, Member,
2.Miss Smita Ray, Lady Member.
Dated the 20th day of December,2019.
C.C.Case No. 50 of 2017.
Nabakishore Swain , S/O Ram Chandra Swain
At. Khadipada , P.O. Bhuinpur ,
Via. Panikoili ,P.S.Jajpur Sadar
Dist.- Jajpur . …… ……....Complainant . .
(Versus)
- Asst. General Manager, S.B.I,Jajpur Town,Branch ,At/P.O/Dt. Jajpur .
- General Manager, S.B.I,Local Head office ,Bhubaneswar.
- Deputy General Manager, S.B.I,Zonal Office, G.P.O
……………..Opp.Parties.
For the Complainant: Sri M.R.Ray, Sri S.K.Mohanty, Advocates .
For the Opp.Parties : Sri P.K.Daspattnaik, Advocate
Date of order: 20 . 12. 2019.
MISS SMITA RAY , L A D Y M E M B E R .
Deficiency in banking service is the grievance of the petitioner .
The fact of the petitioner shortly is that he is a small farmer and to maintain his livelihood was availing crop loan from S.B.I, Jajpur town regularly. That petitioner had been disbursed a KCC loan Rs. 37,666/- by O.P.no.1 on 21.6.14 for the Khariff season -2014 through his KCC loan A/C No. 32915349183 where the crop insurance is mandatory for KCC loan under modified by National Agricultural Insurance scheme . During the khariff season -2014 due to heavy rain and high flood occurred , the petitioner’s crop washed away completely . Hence the petitioner enquired about his insurance benefit from O.P.no.1 and finally he came to know due to the negligence of Bank officials of (O.P.no.1) his insurance premium has not deposited with agricultural insurance company for which the petitioner deprived up from insurance claim .
Thereafter the petitioner sent a lawyer notice on 28.3.16 which was received by the O.P . on 31.3.16 . Accordingly the petitioner knocked the door of this Fora with the prayer to direct the O.Ps to pay Rs. 37,666 /- Insurance claim of the loan amount along with Rs 20,000/- towards compensation and harassment in total amount of Rs.67,666/
After notices the O.Ps appeared though their advocate and filed the written version as well as filed an affidavit on dt. 17.10.19 stating that the complainant borrower has filed the C.D case being deprived up to get the crop insurance claim.
After due services of notice in this case O.P Bank has appeared in this case and have filed its written statement . During pendency of this case the O.P Bank has repaid the entire claim amount in the complainant borrower’s respective loan A/C and the complainant/ borrower have duly acknowledged the amount. The O.P Bank submitted the relevant papers in this Hon’ble court, and those papers are in the case record.
After receipt of claim amount the complainant need not have turned up to withdraw the C.C.Case. In the aforesaid circumstances necessary order be passed to disposed up the case for the better interest of justice .
Thereafter the advocate for the petitioner filed counter affidavit wherein it is stated that the petitioner has filed the C.D.Case in order to avail the crop insurance claim amount from the O.P i.e S.B.I,Jajpur Town branch. The O.P in his petition has falsely stated that the Bank has repaid the entire claim amount in the petitioner’s respective loan account and the complainant borrower have duly acknowledged the amount and the O.P bank has submitted the relevant papers before the Hon’ble court. That nothing has been credited in the petitioner’s account till date from the O.P Bank. That due to negligence and careless activities done by the O.P Bank , the poor farmers petitioner has been suffering a severe loss though has paid the demanding insurance premium amount to the bank at the time of availing the agriculture loan (KCC)
That the petitioner files the counter affidavit and the Xerox copy of up to date statement of the bank account as evidence in order to prove the case .
On the date of hearing we heard the argument from the learned advocate for both the sides and after perusal of the record , contains of affidavit filed from both the sides we are inclined to hold that the O.Ps not only has committed gross negligence for not insuring the KCC loan of the petitioner before National Agriculture company but also filed false affidavit before this fora stating that the claim amount already credited to the loan account of the petitioner . Accordingly the dispute is allowed against the O.Ps.
Hence this order
The dispute is allowed against the O.ps . The O.Ps are directed to pay the insured amount of the petitioner along with compensation of Rs. 5,000/-( five thousand ) Within one month after receipt of this order, failing which the insured amount will carry 9 % interest from the date of filing of the present dispute till its realization . The petitioner is at liberty to take steps as per law in case the order is not complied within the stipulated period .
This order is pronounced in the open Forum on this the 20th day of December ,2019. under my hand and seal of the Forum.
