First Appeal No. 490 of 2012. Case: Agriculture Insurance Company of India Ltd. Vs Shyamal Poddar. Orissa State Consumer Disputes Redressal Commission

Case Number:First Appeal No. 490 of 2012
Party Name:Agriculture Insurance Company of India Ltd. Vs Shyamal Poddar
Counsel:For Appellant: S.S. Rao and Associates, Advocates
Judges:R.N. Biswal, J. (President), S. Mohanty and G.P. Sahoo, Members
Issue:Consumer Law
Citation:III (2014) CPJ 58
Judgement Date:May 30, 2014
Court:Orissa State Consumer Disputes Redressal Commission
 
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Order:

R.N. Biswal, J. (President)

  1. This appeal is directed against the order dated 28.6.2012 passed by the learned District Consumer Disputes Redressal Forum, Malkangiri (hereinafter referred to as District Forum) in CC. No. 254 of 2011 directing the appellant to consider the claim of respondent No. 1 afresh by taking recourse to the guidelines laid down in the National Agriculture Insurance Scheme on merit within two months of receipt of the order. Appellant was opposite party No. 1, respondent No. 1, was complainant and respondent Nos. 2 and 3 were opposite party, Nos. 2 and 3 respectively before the District Forum. Bereft of unnecessary details, the fact giving rise to filing of this appeal is that respondent No. 1 as complainant before the District Forum filed the above Consumer Complaint on the ground that he is a poor marginal fanner and member of Podia tamps having Kissan Credit Card loan bearing Pass-Book identity No. 5431. He took agricultural Kharif loan from respondent No. 2 and got it insured with appellant being sponsored by respondent No. 3 on payment of premium at the rate of 2.25% under National Agricultural Insurance Scheme (in short Scheme) in the year 2009. There was failure of crops due to lack of rain and Government declared Podia Block under which his village situates as draught affected area, but the appellant did not take any step to indemnify the loss sustained by him. So he filed the Consumer Complaint with prayer to direct the opposite parties to close his Loan Account with allied relief.

    It is an admitted fact that the Government of Odisha in Kharif 2009 notified Block as Insurance Unit for paddy, Groundnut, Niger, Maize, Ginger, Redgram (Arhar) and Turmeric pursuant to the Scheme. The Scheme is a sort of social measure. All the farmers including sharecroppers and tenant farmers growing the notified crops in the notified area are eligible for insurance coverage. In the event of any loss appellant arranges compensation on the basis of area approach and disburses the amount to the concerned financing institutions, i.e., Nodal Bank (here in this appeal respondent No. 3), advising them to credit the same to the accounts of the farmers as per their declarations.

  2. In every season, the AIC (herein this appeal the appellant) works out the Threshold Yield, i.e., Guaranteed Yield for each unit and for each crop considering the past yield data (as per the scheme) furnished by the Directorate of Economics and...

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