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

Judgment Cited in Precedent Map Related
Case NumberFirst Appeal No. 490 of 2012
CounselFor Appellant: S.S. Rao and Associates, Advocates
JudgesR.N. Biswal, J. (President), S. Mohanty and G.P. Sahoo, Members
IssueConsumer Law
CitationIII (2014) CPJ 58
Judgement DateFriday May 30, 2014
CourtOrissa State Consumer Disputes Redressal Commission

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.

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