C.C. No.01/2020

Kailash Chandra Biswal,

S/o. Late Niranjan Biswal & Saraswati Biswal,

Vill./P.O.- Mahilo,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. Chief Manager,

Oriental Insurance Company Ltd.,

Alok Bharati Tower, 4^th Floor,

Saheed Nagar, Bhubaneswar,

Dist.- Khurda- 751007.

2. Branch Manager,

Central Bank of India, Chandpur Branch,

P.O.- Mahilo,

P.S./Dist.- Jagatsinghpur.

3. District Agriculture Officer, Jagatsinghpur,

At/P.O./Dist.- Jagatsinghpur.…..… Opposite parties

For Complainant………..Mr. D.N. Acharya, Advocate

For O.P. No.1………..Mr. A.A. Khan & Associates

For O.P. No.2………..Mr. L.K. Parida, Advocate

O.P. No.3………..In Person

ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                                JUDGMENT

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to waive out the loan advanced to the complainant of Rs.30,000/- vide loan account No.3618672110 with interest against the said account and pay compensation Rs.50,000/- towards mental agony and Rs.10,000/- towards financial loss.”

            Brief fact of the case is that complainant being a farmer cultivates his own land/parental land in an advanced manner for which complainant applied for financial assistance before the opposite party No.2 i.e. Central Bank of India and advanced Rs.15,000/- to the complainant on 04.6.2018 vide loan A/c No.3618672110 and on 27.6.2018 upgraded the loan amount to Rs.30,000/-. Opposite party No.2 suo moto insured the crop by deducting Rs.488/- towards insurance premium on 31.7.2018 under Prime Minister Fasal Bima Yojana. That in the same year under Patilo Gram Panchayat i.e. Mahilo, Balunkeswar villages crop of 93% was damaged which is very clearly declared by the Govt. in respect of Patilo G.P. through proforma O.P. No.3. Some beneficiaries of the villages got the insured benefits but complainant was not got any benefit. The complainant intimated the fact to the Oriental Insurance Company on 19.9.2019. The crop damaged in the year 2018 and on 08.7.2019 when the name of the present complainant did not appear in the crop damaged list issued by Cuttack central Cooperative Bank Ltd., and on 18.9.2019 when the complainant intimated the said fact by Regd. Post to the opposite party No.1 which was received by them on 22.9.20219 but all are in vain. Complainant did not get any insurance benefit, hence this complaint.

            Complainant submitted following documents in support of his consumer complaint.

1. Statement of account of the agriculture loan advanced by the O.P. No.2.
2. Letter dtd.08.7.2019 issued by Cuttack Central Cooperative Bank Ltd.
3. Representation of the complainant on 18.9.2019.
4. Regd. Postal receipt & AD.

Heard and perused the documents available on record. As per written version of opposite party No.1 is that;

According to the revised operational guidelines of Prime Minister Fasal Bima Yojana (PMFBY), banks are authorized to upload the details of loanee farmers in the National crop Insurance Portal, no modification of the uploaded data is possible by the insurance company. Thus responsibility of all kinds of corrected uploading of data of loanee farmers lies with the bank alone and the payment of the amount to individual farmers who suffered loss is always based on the actual yield and threshold yield data received from the Govt. of Odisha. In view of the no yield loss report of the Govt. with regard to Madhupur G.P. for Kharif 2018 as such no farmer insured under this Gram Panchayat eligible for crop insurance claim. The G.P. is the insurance unit for payment of claims under PMFBY and claims are settled as per the revised operational guidelines of PMFBY. Since as per the detail data uploaded in the National Crop Insurance Portal shows that the crop village of the complainant is Sidhala belonging to Madhupur G.P. has been declared as no yield loss and per the actual yield and threshold yield data received from the Govt. of Odisha no amount is payable to the complainant.

Opposite party No.2 submitted his statement as follows;

The complainant had availed agricultural loan to the tune of Rs.15,000/- on 04.6.2018 vide loan account No.3618672110 and it was enhanced on 27.6.2018 to the tune of Rs.30,000/- as per his request. Since agricultural loan including other loans must be insured accordingly on 31.7.2018 the aforesaid loan amount has been covered under PMFBY on payment of insurance amount of Rs.488/-. It is alleged that 93% crops of t he entire villages under Patilo G.P. were damaged but the said is not within the knowledge of O.P. Bank. It is also not the knowledge of the O.P. Bank that all the farmers who got their crops insured benefited the insurance amount but the complainant did not avail the same. It is the duty of the complainant to claim before insurance company directly.

As per statement of Assistant District Agriculture Officer, Nuapokhari, Tirtol i.e. opposite party No.3, that Patilo G.P. of Tirtol block yield obtain is very low in kharif season 2018-19.As per statement of central Bank of India i.e. opposite party No.2 is not a disputed matter that complainant insured his crops by paying Rs.488/- as premium of Pradhan Mantri Fasal Bima Jojana. The disputed matter is that whether the land which is insured by PMFBY belong to the Mahilo village of Patilo G.P. or Sidhala village of Madhupur G.P. Neither complainant submitted the R.O.R. of land which is insured nor the opposite party bank replied in this regard or submitted any documents. In the year 2018 as per Govt. of Odisha report no yield loss for Madhupur G.P. for kharif 2018.

So it is clear from the extract portion of National Crop Insurance Portal which is submitted by insurance company (O.P. No.1) that complainant Mr. Kailash Chandra Biswal belong to village Sidhala of Madhupur G.P. As per the Govt. of Odisha report no yield loss for Madhupur G.P. for kharif 2018. So the complainant is not entitled to get any insurance claim as the Madhupur G.P. has no yield loss for kharif 2018. Hence the consumer complainant is dismissed without any cost.

            Pronounced in the open Commission on this 29^th February,2024.