Veena Misra, J. - (1.) THE appeal in hand has been preferred by dissatisfied consumers against order dated 03.02.2012 in complaint case No. 14/2011 passed by District Forum Consumer Disputes Redressal Forum, Kabirdham (hereinafter referred to District Forum for short) whereby the complaint was only partly allowed and OP No. I was directed to pay Rs. 33,048.60 to the complainant within 2 months of the date of order towards compensation for loss of crop with interest @ 6% per annum from the date of complaint and in case of default within the stipulated period, interest @ 9% would be payable from the date of order. Brief facts necessary for disposal of this appeal are that the complainants are father and son having unirrigated agricultural lands in their respective names and had jointly obtained Kisan Credit Card for obtaining loan for agricultural purpose. Credit limit was Rs. 2,50,000/ - (Two Lac Fifty Thousand) and his account No. was 30865126856. The account was operated by complainant No. 1. The complainants had obtained loan of Rs. 2,40,000/ - from OP No. 1 on 22.08.2009 under the Kisan Credit Card for Kharif crop for agriculture year 2009 -2010. Central Government's National Agriculture Insurance Scheme, 2009 -2010 was applicable in Chhatisgarh State also and under provisions of the scheme on obtaining agriculture loan the farmer was compulsorily covered under the scheme. In case of loss to his crop OP No. 2 was supposed to make payment compensation through financial institution as per provisions of aforesaid scheme. It was averred in the complaint that OP No. 1 was under obligation to forward premium to OP No. 2. Complainants' agriculture land is at village Singhanpuri and at village Dojari in Kawardha block and Kawardha was declared by the State government to have suffered drought in the year 2009 -2010. Crop had very badly suffered even then no compensation was paid even after legal notice hence complaint was filed with allegations of deficiency in service against the OPs seeking direction of payment of Rs. 2,40,000/ - towards compensation for loss of crop, Rs. 10,000/ - towards mental harassment and Rs. 10,000/ - towards compensation for other losses suffered by the complainants with interest @ 12% from August, 2010 and Rs. 2,000/ - towards cost of proceedings.
(2.) THE OP No. 1 admitted that the complainant had obtained loan and was eligible for having compulsory insurance cover under the scheme and further admitted that due to omission on its part, premium could not be collected and forwarded to the insurer hence the bank was liable. It was averred in written version that as per appraisal the complainant had obtained loan of Rs. 78,000/ - towards paddy and premium @ 2.5% of the said amount was to be collected. As per calculation as provided under the scheme the amount to be paid on the loan of Rs. 78,000/ - was Rs. 34,998.60 and after deducting premium amount of Rs. 1,950/ - the Bank was prepared to pay Rs. 33,048.60 to the complainants. It was averred that rest of loan was obtained under other heads which were not covered under the scheme hence it was prayed that the complaint may be decided accordingly. Op No. 2 resisted the complaint on the ground that they have no liability as admittedly no premium was forwarded to them.
(3.) ON the basis of material before it the District Forum accepted the version of the OPs and directed Op No. 1 to pay the amount of compensation as admitted by it.;