DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION :  JAJPUR.

Presents:-    1.    Smt. Susmita Mishra,       President,

                                                        2.    Sri Bibekananda Das, Member (I/c).

Dated the 20^th day of January 2023.

C.C. No. 23 / 2021.

 Biraja Prasad Parida,

S/o:- Late Laxmidhar Parida,

Vill:- Kalamatia, Po:- Kaipada,

P.S:- Bari-Ramachandrapur, Dist:- Jajpur.             .  .  .  .  Complainant.                                                                                                                              

                   Versus.

1. The Manager, State Bank of India,

          Kaipada Branch, At/Po:- Kaipada,

          P.S:- Bari-Ramachandrapur, Dist:- Jajpur.

2. The Branch Manager, Oriental Insurance Col Ltd.,

           Near Siva Temple, On N.H. 215,

          At/Po:- Kanheipur, Jajpur Road,

          Dist:- Jajpur, Pin-764003 (Odisha).

3. The Regional Manager, Oriental Insurance Co. Ltd.,

             Dist:- Khurda, Pin-755007.....Opp. Parties.

                             Counsels appeared for the parties. 

For the Complainant        :-     Sri B.C. Sahoo, Advocate & Associates,

For the O.P. No. 1            :-      Sri P.K. Das Pattanayak, Advocate,

For the O.P. No.2 & 3       :-     Sri A.K. Panda, Advocate.

Date of filing Complaint   :-               12.02.2021.

Date of Argument             :-               13.01.2023,

Date of Order                   :-               20.01.2023.

J U D G M E N T.

SRI  BIBEKANANDA DAS, MEMBER (I/c) :-

          This Consumer Complaint No. 23/2021 is taken up today for order.  The Complainant being aggrieved by the deficiency in service as well as unfair trade practice of the O.Ps due to non-receipt of the subsidy claim amount against the damaged Crop occurred in the year 2019.  Heard the learned counsels for both the parties and perused the materials/documents available on record.

Brief fact:-

            The complainant being a farmer had availed K.C.C. Crop loan from the O.P. No.1 vide K.C.C. A/c No. 34546457522 for an amount of Rs. 98,000/- in the year 2019.  The complainant also insured his loan and Crop under PMFBY and for that the O.P. No. 1 debited an amount of Rs. 2,205/- in two times from complainant’s S.B. A/c No. 11749486995 both for pre Kharif & Kharif on dt.31.07.2019 and deposited the same for premium amount under PMFBY Scheme.  Accordingly near about 400 farmers of Kalamatia G.P. received subsidy amount for the crop loss for the year 2019.  The Govt. has been pleased enough to declare 68% of the loan amount as subsidy to all the insured farmers of Kalamatia G.P., but the complainant being a farmer under Kalamatia G.P. has not yet received the subsidy amount of Rs. 66,640/- inspite of depositing the premium amount due to deficiency in service caused by the O.Ps.  The complainant is a bonafide consumer under the O.Ps as he has given consideration amount in shape of premium.  But due to inaction and deficiency in service of the O.Ps, the complainant has no other efficacious remedy has compelled to file this present consumer complaint before this Commission for redressal of his grievances.

            We have gone through the written version filed by the O.P. No.1 and O.P. No.2 & 3 and so also the complaint petition of the complainant.  After perusal of the documents/materials and guidelines of the PMFBY Scheme, we are of the opinion that the O.P. No.1 (SBI, Kaipada Branch) is solely responsible for that and has committed deficiency in service by not uploading the correct address/information of the complainant in the National Crop Insurance Portal as has been provided by the PMFBY Scheme of the Govt.  It is specifically mentioned in the guidelines of PMFBY Scheme that, the banks are required to upload the insured farmers’ data mandatorily on the National Crop Insurance Portal.  No other platform shall be used for uploading/submission of farmer’s data.  Those farmers whose data is uploaded in the National Insurance Portal shall only be eligible for insurance coverage and accordingly the premium subsidy will be released.  But in cases where farmers are denied crop insurance due to incorrect/partial/non-uploading of their details on portal, concerned banks shall be responsible for payment of claims to them, and as such the O.P. No.1 has committed deficiency in service for which the complainant is deprived of getting his legitimate claim due to incorrect uploading of date by O.P. No.1.

            Further, it is our considered view that, though all the O.Ps have specifically mentioned in their written versions that the complainant has already received an amount of Rs. 11,785/- towards compensation for crop loss is a myth, since because both the O.Ps have not been adduced any evidence nor have filed any account statement relating to such payment made to complainant’s account.

            It is quite interesting that, when the complainant has no agricultural lands in Mouza-Nuapada under Anyasipur G.P. of Jajpur district (Odisha), rather he got all his agricultural lands in Mouza-Kalamatia of Bari Block under Jajpur district and to that effect the complainant has filed some RORs in support of his case (Xerox copy annexed) and he has also filed the Xerox copy of his SB Account Passbook wherein it was clearly mentioned the address as Kalalmatia, Kaipada, Jajpur and the said SB Account Passbook has been issued by O.P. No.1 (SBI< Kaipada Branch) on dt.30.01.2014 (Xerox copy annexed).  So it is clearly evident from the above fact that the O.P. No.1 has intentionally and deliberately uploaded the incorrect address of the complainant on the National Crop Insurance Portal provided by PMFBY Scheme of the Govt. and for which the complainant could not get his premium subsidy due to gross negligence and deficiency in service committed by O.P. No.1 (SBI< Kaipada Branch) and which is quite evident from the written version filed by O.P. No.1 in Para-7(ii) of the written version and O.P. No.1 clearly admitted that, “the premium amount alongwith detail particular of the farmer/borrower uploaded in the online portal of the O.P. Insurance Company.  These functions are carried and under the guidelines of National Crop Insurance Policy under PMFBY Scheme”.

            From the above observations, it is clearly go to establish that, O.P. No.1 has committed pertinent deficiency in service by not uploading the correct address of the complainant on National Crop Insurance Portal of the O.P. Insurance Company under the PMFBY Scheme and for which the O.P. No.1 is liable for the loss suffered by the complainant, vide 2022 (3) CPR 95 (Karnataka State Commission).  Wherein it was held that, liability of Bank for the mistake in datas, bank is liable for compensation.

O R D E R.

            Taking into all the fact and circumstances involved in this case, this Commission allowed the present C.C. No. 23 of 2021 on contest against the O.P. No. 1 and dismissed against O.P. No. 2 & 3 and further directed O.P. No.1 to pay an amount of Rs. 66,640/- towards crop loss subsidy with 9% per annum  to the complainant  from the date of claim (i.e. from 27.10.2020) and O.P. No.1 is also directed to pay Rs.1,000/- to the complainant for cost of this litigation.  The above direction shall be complied within 30 days from the date of receipt of this order, failing which the complainant is at liberty to file execution proceeding U/s 72 of Consumer Protection Act, 2019 for realization of the awarded amount.   

            Issue extract of the order to the parties for compliance.

            Pronounced in the Open Commission on this the 20^th day of January 2023.