Date of Judgment Dt.30.12.2015
J U D G M E N T
By Sri S.C.Nayak, P.
This is complainant’s case alleging deficiency of service on the part of the O.Ps.
The case of the complainant is that he set up one Auto Service Centre in Binka duly registered by D.I.C., Sonepur. He applied for running of above centre under R.E.G.P. before the O.P. No.1 and 2. The said O.Ps. selected the complainant and loan of Rs.1,00,000/- was sanctioned in favour of the complainant in the year 2007. The loan was provided by the O.P. No.3 on the direction of the O.P. No.1 and 2. The complainant start5ed his service centre and was paying installment till the date of complaint. According to the complainant the loan bears subsidy amount at the rate of 30%. But the subsidy amount has not been released. Due to this the complainant has been harassed and he is unable to run the service centre. According to the complainant it is the duty of the O.Ps. to make arrangement of release of subsidy amount. The complainant served advocate notice to the O.Ps. No.1 and 2. It is learnt from the O.P. No.1 that he has intimated the O.P. No.2 and 3 to take steps for the release of the subsidy amount. But they have not taken any step in this regard. Hence the complainant has prayed that the O.Ps. be directed to release the subsidy amount with interest and pay compensation of Rs.60,000/-.
-: 2 :-
The O.P. No.1 has filed version. The gist of his version is that after release of loan to the loanee, the margin money subsidy claim paper is forwarded by the Bank to D.I.C. within a stipulated time for countersignature of General Manager, and transmitted to Odisha Khadi & Village Industries Board for release of margin money in favour of the loanee. All the above process is necessary to be completed within specific time period.
On receipt of claim papers from the D.I.C., the Odisha Khadi & Village Industries Board will examine the margin money claim papers and release margin money subsidy in favour of the loanee to the concerned Bank under intimation to the loanee and D.I.C. This O.P. refers that the question of margin money subsidy does not arise without receipt of margin money claim paper by Odisha Khadi & V.I. Board. It is averred by this O.P. that the Board has intimated the proper authorities regarding non receipt of claim papers vide its office letter No.6154 dt.21.7.11. So this O.P. claims that there has not been any deficiency of service by him.
Although the O.P. No.2 has filed version, he has not supplied a copy of the same. As such the written version filed by him cannot be taken into consideration. However in the interest of justice we are going through the averments made in the version. This O.P. has taken the same plea as taken by the O.P. No.1 and avers that as the Bank did not submit the claim form within the stipulated period he could not step for the release of the subsidy amount.
The O.P. No.3 has filed version. According to him a loan of Rs.95,000/- was sanctioned in favour of the complainant for his project by the O.P. No.1 and 2 and the O.P. No.3 bank had disbursed the loan amount in the year 2006-07 to the complainant under R.E.G.P. Scheme. This O.P., admits that the complainant is entitled to get subsidy. But he avers that the khadi Board Supervisor is supposed to come to the Bank after disbursement of loan amount with subsidy claim form and thereafter it is the Bank who have to furnish the claim paper to General Manager, D.I.C. and the D.I.C. is required to forward the same to the O.P. No.1 for release of the subsidy amount. It is his further plea that the supervisor has not come to the bank till date. He avers that the bank has made several request to the O.P. No.1 and 2 for release of the subsidy amount. But they have not taken any step. He avers that the bank acts as a post office. Bank being the financial institution provided finance to the complainant on the recommendation of the O.P. No.1 and 2. This O.P. has averred that the complainant has not paid any amount to the bank for release of subsidy form. The I.P.O. Binka on 5.9.2011 intimated the bank that the non release of subsidy is due to non submission of subsidy claim paper by the Khadi Board Supervisor. He has averred that there has not been any deficiency of service on his part. So he prays that the complaint be dismissed.
-: 3 :-
We have heard the complainant, authorized representatives of O.P. No.1 and 2 and learned counsel for the O.P. No.3. We have also perused the materials on record. From the pleadings of the parties, submissions made during hearing the following points fall for determination by the Forum.
1. Is the complainant entitled to the subsidy amount ?
2. Has there been deficiency of service by the O.Ps. ?
3. To what relief the complainant is entitled ?
It is admitted by the O.P. No.1 and 2 that the complainant is entitled to the subsidy amount. The Manager, S.B.I., Binka has written B.R. letter No.Adv./158 to the General Manager, D.I.C. Admitting there is that he has disbursed loan of Rs.1,00,000/- to the complainant on 3.10.2007 and he has also requested the G.M. D.I.C. for making arrangement for the release of the subsidy amount. Further the G.M., D.I.C. Subarnapur has also sent letter No.647 dt.11.2.11 wherein he has stated that it was the duty of the Bank to claim subsidy amount within 90 days of release of the first installment as the complainant has availed loan under RE.G.P. So it is admitted fact that the complainant is entitled to get subsidy.
Now it is to be seen where there has been deficiency of service by the O.Ps. or not. The O.P. has contended that after release of loan to the loanee, the margin money claim paper is forwarded by the Bank to the D.I.C. within stipulated period for countersignature of General Manager, and transmission to Odisha Khadi & V.I. Board for release of margin money in favour of the loanee. All the above process is to be completed within a specific time period. On receipt of claim paper form the D.I.C., the Odisha Khadi & Village Industries Board will examine the margin money claim paper and release margin money subsidy in favour of the loanee to the concerned bank under intimation to the loanee and Bank. It is averred by this O.P. that the Board has intimated the proper authorities regarding non receipt of claim papers vide his office Letter No.6154 dt.21.7.2011. The copy of this letter has been filed by the O.P. under Annexure B copy of this letter has also been forwarded to the B.M., S.B.I., Binka for information vide Memo No.6155 dt.21.7.2011. The O.P. No.3 B.M., S.B.I., Binka has averred that the Khadi board Supervisor is supposed to come to the bank after disbursement of loan amount with subsidy claim application form and there after it is the bank who have to furnish the claim paper to the G.M., D.I.C. According to this O.P. the Supervisor of Khadi Board has never come to the bank and Bank has made several request to O.P. No.1 and 2 for release of subsidy amount. But it is not known whether the date of disbursement of loan to the complainant has been intimated to the D.I.C. or not. In the instant case the loan of Rs.1,00,000/- was financed by the O.P. No.3 to
-: 4 :-
the complainant on 3.10.2007 as is evident from the resolution of the B.C.B.C. meeting dt.2.7.2008 Binka. This resolution copy has been filed by the U.G.B., B.M., Binka who was noticed at the instance of O.P. No.3. So after sanctioning of loan no steps have been taken by the O.P. for sending the claim from to the D.I.C. From the documents filed by the complainant we find that B.M., S.B.I. has written B.R. letter No.Ado./158 dt.25.3.2008 to the General Manager, D.I.C. Subarnapur for release of the subsidy amount. So from 3.10.2007 to 25.3.2008 the B.M., S.B.I. Binka slept over the matter. If actually he did not receive the claim paper or the Supervisor of Khadi Board did not come to the Bank with the claim form, he would have intimated this matter to the G.M, D.I.C. Subarnapur earlier. This O.P. avers that the complainant has paid nothing for the submission of claim form. But as the complainant pays interest for the loan availed under the Scheme, he is a consumer. This O.P. further avers that the I.P.O. Binka on 5.9.2011 intimated the bank that the non release of subsidy is due to non submission of subsidy claim paper by the Khadi Board Supervisor. This letter of 5.9.2011 is not filed before us.
The G.M., D.I.C. Subarnapur who selected the complainant as beneficiary has also not intimated the bank regarding of non receipt of claim form. We have perused the document filed by the O.P. No.1 under Annexure A series. We have perused the documents bearing No.XLV-Co-42/06/12 dt.8th May, 2006. From this document it is ascertained that the financing bank have been requested to furnish the claim paper to General Manager, D.I.C., positively within 15 days after release of the installment. On receipt of the claim paper the G.M./Project Manager should take immediate steps to forward the claim paper so as to receive in the office of Odisha Khadi & V.I. Board positively by 15 days after countersigning failing which concerned financing Bank, General Manager/Project Manager will be held personally responsible in case any legal complicacy that may arise in future for non release of Margin Money.
In the instant case the G.M. D.I.C. Subarnapur, B.M., S.B.I, Binka O.P. No.2 and 3 have not taken any steps to send the claim form even within a period of 3 months from the date of release of first installment to the complainant. So there has been negligence and deficiency of service on their part. They cannot escape from the liability throwing mud at each other.
Since the claim form was not forwarded to the O.P. No.1 he could not take any step for the release of subsidy amount. So we have not found any deficiency on his part.
Now it is to be seen to what relief the complainant is entitled. The complainant is entitled to the subsidy amount of Rs.30,000/- and we direct the O.P. No.2 and 3 to make arrangement for the release of the subsidy amount and the O.P. No.1 is also directed to assist
-: 5 :-
them in the process. If it is not possible to release the subsidy amount the O.P. No.2 and 3 are directed to pay Rs.30,000/- to the complainant. The O.P. No.2 and 3 are made jointly and severally liable for the deficiency.
Although the complainant has claimed Rs.60,000/- as compensation. He has failed to substantiate his claim for that amount. Taking the totality of the facts and circumstances in to consideration, we think a sum of Rs.20,000/- (Twenty thousand) only as composite compensation for mental agony, harassment, allied factors and cost of litigation would meet the ends of justice. The O.P. No.1 and 2 are directed to pay the same to the complainant. We order accordingly.
O R D E R
It is hereby ordered as follows :-
1. The O.P. No.2 and 3 shall make arrangement for the release of subsidy amount of the complainant and the O.P. No.1 is directed to assist them in the process. If it is not possible to release the subsidy amount the O.P. No.2 & 3 are directed to pay Rs.30,000/- (Thirty thousands) to the complainant.
2. The O.P. No.2 and 3 are directed to pay Rs.20,000/- (Twenty Thousands) only to the complainant. All these should be done within one month from the date of receipt/production of this order.
Complaint is partly allowed.
Dated the 30th day of December 2015
Typed to my dictation
I agree. and corrected by me.
Smt. S.Mishra Sri S.C. Nayak
Lady Member President
Dt.30.12.2015 Dt.30.12.2015
