Orissa

Nuapada

CC/19/2019

Bhokasingh Majhi - Complainant(s)

Versus

Branch Manager, UCO Bank, Khariar Road - Opp.Party(s)

A.K.Bag & Associates

03 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
NUAPADA,ODISHA
 
Complaint Case No. CC/19/2019
( Date of Filing : 18 Apr 2019 )
 
1. Bhokasingh Majhi
At/Po-Biromal, Ps-Jonk, Dist-Nuapada
Nuapada
Odisha
...........Complainant(s)
Versus
1. Branch Manager, UCO Bank, Khariar Road
At/Po-Khariar Road, Ps-Jonk,Dist-Nuapada
Nuapada
Odisha
2. National Insurance Company Ltd, Bhubaneswar
Division office-I, IDCO Towers, 4th Floor, Rupali Squre, Janpath Road, Bhubaneswar,751001
Khordha
Odisha
3. Agriculture Insurance Company Limited, Bhubaneswar
Plot No.87, Janpath , Bhubaneswar, 751007
Khordha
Odisha
4. Dipak Gupta, Proprietor, Quality Computer Center, Khariar Road
At/Po-Khariar Road, Ps-Jonk, Dist-Nuapada
Nuapada
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Purna Chandra Mishra PRESIDENT
 HON'BLE MR. Sudhakar Senapothi MEMBER
 
PRESENT:
 
Dated : 03 Feb 2024
Final Order / Judgement

Sri Purna Chandra Mishra    - President.  

Complainant Bhokasingh Majhi has filed this case u/s 12 of CP Act-1986 alleging deficiency of service on the part of the Opposite Parties for not paying his insurance claim to him in spite of the insurance premium paid to them praying therein for direction to the Opposite Parties to pay the crop insurance benefit of Rs. 1,07,000/- with interest along with compensation of Rs. 2,00,000/- on different heads.

  1.           Brief fact leading to the case is that the complainant has insured his paddy crops over the agricultural land in village Birumal recorded in his name under Khatian No. 582 for the Kharif Season-2017 for which he has paid the insurance premium of Rs. 2151.80p to OP No. 2 who happens to be the authorized agent of OP No. 3 on 30.07.2017 vide transaction No. JSBI553836610. The State of Odisha declared village Birumal in Nuapada District to be drought affected and accordingly, the other villagers have availed their crop insurance benefit. But even though the complainant has paid the premium, his insurance benefit was not paid and he requested the OP No. 1 time and again to take necessary action for realization of appropriate insurance benefit. He is entitled to get crop insurance benefit to the tune of Rs. 1,07,000/-. But, the OPs have caused harassment to him for which he has filed this case before the Commission for the reliefs as discussed above.
  2.           After receipt of notice, the OP No. 1 appeared and filed his written statement. In his written statement, the OP No. 1 stated that the complainant has not deposited his premium through the bank for which he has got nothing to do with the crop insurance benefit of the complainant and pray for dismissal of the complaint petition against him.
  3.           The OP No. 3 in his written statement stated that he is not the Insurance Company for Nuapada District and National Insurance Company is the authorized company to insure the crops of the farmers in Nuapada. So, he has nothing to do in this case and he has been unnecessarily impleded as a party in this case for which he prays for dismissal of the case against him.
  4.           The OP No. 2 in his written statement stated that the complainant has paid premium of Rs. 2151.80p towards the insurance premium during Kharif-2017 for his cultivable lands in Mauza Biramal. There was mismatch in the name of his father and the complainant has submitted certain documents which was received at their end and is under process and his claim will be disbursed as soon as completion of formalities. Due to migration of data from the Government PMFBY old portal to new portal, the documents submitted online by the farmers could not be migrated to new portal for which due to want of documents, the claims of the online farmers could not be settled. The matter was brought to the notice of Government of Odisha and Government of India and as per the instructions from the Government, 1300 online farmers of Nuapada District submitted their land documents, Adhar Cards, Bank Passbooks only in the month of April-2019 and the claim of the complainant is included in the process and it will be disbursed as soon as possible. So, there is no deficiency in service on their part.
  5.           The OP No. 4 did not appear in spite of notice served on him.
  6.           Since the OP No. 1 has clearly mentioned that the complainant’s claim is going to be disbursed very soon, we are not inclined to go to the other aspect of the case and hence the order.

O R D E R

The complaint petition is disposed of with a direction to the OP No. 2 to pay the insurance claim of the complainant within a period of 90 days from the date of receipt of order with interest @ 9% per annum from the date of filing of the case till it is actually paid to the complainant. Under the peculiar facts and circumstances of the case, parties to bear their own cost. 

 
 
[HON'BLE MR. Purna Chandra Mishra]
PRESIDENT
 
 
[HON'BLE MR. Sudhakar Senapothi]
MEMBER
 

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