Orissa

Kendujhar

49/1997

Desabandhu Debadas Patra - Complainant(s)

Versus

1. The Branch Manager, Bank of India - Opp.Party(s)

Sri P.K. Patra & Sri A.K. Das

01 Sep 1997

ORDER

IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KENDUJHAR

C.D. CASE NO.49/1997

Desabandhu Debadas Patra,

 S/o: Badri Narayan Patra,

At: Gandabandhagoda,

P.O: Ramachandrapur, Dist: Keonjhar

                                                                             .   .  .  Complainant

                              Versus

1. Branch Manager, Bank of India

Alati Branch, At/P.O: Alati,

P.S: Ramachandrapur, Dist: Keonjhar

2. General Manager, D.I.C. Keonjhar,

At/P.O/P.S: Keonjhar Town, Dist: Keonjhar

                                                                              .   .   .   O.Ps

For complainant: Sri P.K. Patra & Sri A.K. Das (Advocates),

For OP1: Sri N.G. Das, Advocate

For OP2: Nemo

 

Present: Sri B. Acharya, President

                Miss P. Parija, Member

                Dr. K.K. Dwibedi, Member

___________________________________________________________________________

Date of Hearing: 13.08.1997                                                     Date of Judgment: 01.09.1997

Sri B. Acharya, President: The facts in brief of this case is that the complainant is an unemployed graduate getting information from the advertisement proclaimed in the daily “Samaja” had applied to D.I.C. Keonjhar for loan in order to open a Diary Firm under P.M.R.Y Scheme 1994-95 for his self employment. The proposal of OP. No.2 the General Manager, D.I.C. Keonjhar who had received the application was sent to the OP. No.1 for sanction of Rs.1,00,000/- (Rupees one lakh) for the purpose of the scheme in favour of the applicant. OP. No.1 provisionally sanctioned Rs.1,00,000/- (Rupees one lakh) money as proposed for this purposed.

2. Being sent by OP. No.2 for training to Jay Durga Co-operative Society the complainant had under gone his training from 8.12.94 to 8.1.95 and completed the training as prescribed. After training, as required by D.I.C requested to OP. No.1 vide his letter No.85 dt.7.1.95 as the complainant had complied the terms and conditions of the Bank. Enquiry was made from D.I.C and other branches regarding his liability of any other dues. As per the provision of the Bank the complainant approached many a times and lastly towards the last part of February for the purpose of finance as per sanction. In spite of his several approaches when he became unsuccessful to get the sanctioned finance he was bound to file case on 9.4.97 with a prayer to direct to disburse the loan and give compensation of Rs.30,000/- for their deficiency of services.

3. In order to substantiate his case he filed Ext.1 to 4 which are the original documents of correspondences. Ext.1 is the letter sent to the complainant bearing No. ALT: JP169 dt.1.9.94 by Bank of India which was the acknowledgement of the receipts of the application of complainant. Ext.2 is the letter of G.M, D.I.C. Keonjhar to the complainant vide his letter No. 4260 (31) dtd.29.11.94 directing the petitioner to undergo his training of beneficiaries under P.M.R.Y Scheme 1994-95. Ext.3 is the letter of Bank of India,

At/P.O: Alati Branch, Via: Sainkula, Keonjhar to the Branch Manager, Bank of India, Ramachandrapur, Ghasipura Branch, S.B.I. Anandapur, CARD Bank, Anandapur, B.J.B. Sainkula & others for the purpose of enquiry if the petitioner had any outstanding dues with them. Ext.4 is the letter of G.M, D.I.C. Keonjhar vide memo No. 85 (38) dt.7.1.95 with a advice to petitioner to contact the Bank manager, Bank of India, Alati for favour of necessary action and fulfillment of the norms of bank for disbursement of the loan in time.

4. After admission of this case notises were served on the O.Ps and in response to the notice OP. No.1 filed his version on 18.6.97 when OP. No.2 filed his version on 3.7.97.

5. In response to the notice the OP. No.1 filed his show-cause stating that the petition was barred by limitation when on 31.3.95 the date on which O.P No.1 had returned the loan application to OP. No.2 the D.I.C, Keonjhar as the complainant had failed to comply the requirements for disbursement of the loan. He had also submitted that he had finally intimated the complainant on 4.3.95 to produce quotation of cows/ implements from approved suppliers/ Govt. Farm, to deposit Rs.5000/- as margin money and land records of property over which the proposed shed was to be constructed and non-encumbrance certificate of the land, but the complainant till 31.3.95 the closing date of financial year neither had met this OP nor produced the required documents for disbursement of loan as a result of which this OP had returned back the application to the O.P No.2 D.I.C on the above ground as in absence of the above documents it was not at all practically possible to disburse the loan. He had also pleaded that the disbursement of loan amount due to the non-compliance of terms, conditions and because of the negligence of the petitioner it cannot be deemed to be considered as the deficiency of service by the O.Ps.        

6. In the show-cause filed by the O.P No.2 he had stated that though the petitioner had been selected by the District Task Force Committee and his loan proposal had been sent to Bank of India, Alati Branch vide his office letter No.2743 dtd.27.7.94 the branch of the bank had also sanctioned his case provisionally which had been sent to D.I.C, Keonjhar in the monthly report return letter of Sub-divisional IPO, Anandapur. Accordingly, D.I.C, Keonjhar had intimated him to complete the PMRY training course conducted by Sachdeba New P.T. School, Keonjhar held at Jay Durga Tassar Co-operative Society, Fakirpur. They had also intimated the Branch Manager, Bank of India, Alati regarding completion of his training vide his office letter No.85, dt.7.1.95 and to start the disbursement. But the B.M, Bank of India Alati had returned his case vide his letter No. ALT: JP361, dt.31.3.95 stating that the petitioner could not fulfill the bank norms. The O.Ps have filed some Xeroxed copies of attested documents which were marked as Ext.A & B on 21.8.97. Ext.A is the PMRY circular showing in paragraph-10 that the borrower has to deposit the margin money and Ext.B is the Xeroxed copy of the hand book for financing agriculture in diary development chapter in para 7.5 (a,b,i &j) under technical feasibility and para 7.3C (b), 7.3B (d), bank is to ask for the requirement and as such letter had been issued on 4.3.95 asking the details. On scrutinization of Ext.A in paragraph 10 it was prescribed that margin 5% of the project cost should be contributed and deposited by the entrepreneur and on scrutinization of Ext.B for the purpose of scope of finance item No. 7.3 B (d) finance can be consider for construction of cattle-sheds, C (b) construction of sheds/ buildings for milk processing plant and item No. 7.5 in order to consider the technical feasibility the scheme for the diary unit should be appraised with relation to the (a) quality of the animals to be purchased, (b) availability of animals of the desired breed, quality and characteristics, (i) housing arrangements for the cattle (j) availability of machinery/ equipment/ utensils etc. were the main ingredients to be taken into consideration for technical feasibility of the scheme of the petitioner. After proper scrutinization of the entire records including the entire evidences produced by both the parties it is found that the fact of submitting application by the petitioner for the purpose as stated above, sanction of loan has already been admitted by the O.Ps in their show cause which need not require any proof but it is found that the petition is barred by limitation. The petitioner had failed to comply the terms and conditions of the bank in order to get the loan sanctioned in his favour. There is no where found in the entire length and breadth of the trial that the petitioner had submitted quotations of cows and implements from approved suppliers or Govt. and not deposited Rs.5000/- as margin money. Moreover neither the desired land records of property over which the proposed shed was to be constructed and nor the non-encumbrance certificate till 31.3.95 were filed by the petitioner, as per the prescribed provisions of the bank for consideration of the feasibility and financing. Due to these defects the application was returned to O.P No.2 as it was not practicable to finance. It is to note here that the O.Ps have submitted some citations in their favour and at the first instance 1994 CPR (1) page 88 regarding the refusal of the bank to provide financial assistance for reasons cannot be deemed as deficiency of service. Secondly, 1993 (3) CPR page 535 regarding the claim for compensation and that the complainant is not a consumer for which there is no question of deficiency in service. The last but not the least 1993 (3) CPR page 630 showing that the complainant had to be redressed before the higher officers of the bank Redressal Forum cannot substitute its judgment for the decision taken by the bank.     

O R D E R S

Under the above circumstances we are convinced that the complaint is not a genuine one since it has been filed after the period of limitation and the complainant had not complied with the terms and conditions of the Bank in order to release his loan and is liable to be dismissed. We disallow the petition without costs due to the above circumstances.

       

     Orders pronounced in the open Forum today the 1^st day of September, 1997 under my hand and seal of this Forum.

              I agree                                                   I agree

     Dr. K.K.  Dwibedi                                      Miss P. Parija                           Sri B. Acharya 

            Member                                                 Member                                  President

 

                                                                                      Dictated and Corrected by me.

                                                                                                     Sri B. Acharya     

                                                                                                        President