Haryana

Yamunanagar

CC/61/2012

Nakli S/o Chhajju Ram - Complainant(s)

Versus

Bank of India - Opp.Party(s)

S.S.Gurjar

09 Jun 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA   NAGAR

                                                                                         Complaint No. 61 of  2012.

                                                                                         Date of institution: 18.01.2012.

                                                                                         Date of decision: 09.06.2016

Nakli aged about 55 years son of late Chhaju Ram son of Sh. Des Raj, resident of village Jaidhar, Tehsil Chhachhrauli, District Yamuna Nagar.                                                                                                                                                                                                                                                                                                 …Complainant.

                                    Versus

Bank of India, Branch Jagadhri, Tehsil Jagadhri, District Yamuna Nagar, through its Branch Manager.

 

                                    …Respondent.

 

BEFORE:         SH. ASHOK KUMAR GARG, PRESIDENT

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. Sahib Singh Gurjar Advocate, counsel for complainant.   

              Sh. P.K.Kashyap, Advocate, counsel for respondent.

 

ORDER

 

1.                     The complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986 praying therein that the respondent (hereinafter referred as OP) be directed to issue No Dues Certificate in respect of land mortgaged against KCC with the Op Bank and further to pay compensation as well as litigation expenses.

2.                     Brief facts of the present complaint, as alleged by the complainant, are that father of the complainant Chhajju Ram obtained a loan of Rs. 70,000/- under Kisan Credit Card in the month of August 2005 from the OP Bank which was to be repaid in installments. During the life time his father was paying the loan amount regularly and after his death, complainant usually used to deposit the installment of loan which was taken by his late father from the Op Bank and in this way a sum of Rs.40,000/- had been deposited with the OP Bank by the complainant. Government of Haryana launched a scheme namely loan waive scheme in the year 2008 and as per scheme the complainant falls under the category of small famer as he owned and possessed a land measuring 23 kanal 05 marlas i.e. less than 3 acres of land and as per scheme of the Government, the entire loan amount was liable to be waived off of the farmers who were having less than 5 acres land. The complainant was in need of No Dues Certificate from the Op Bank and for getting the same he visited the office of Op Bank and requested to issue No Dues Certificate but after checking the loan account of the complainant, it was told to him that due to huge outstanding amount, the No Dues Certificate has not been issued to him. The complainant again described that as per their letter, there is nothing due towards the complainant to pay the OP Bank, as the loan amount has been waived by the Government and in this regard the complainant has also shown the clarification certificate of other bank i.e. “The Dadupur Head PACS limited at Jaidhar, who has also waived the entire loan amount of the complainant under the Loan Waiver Scheme of the Government. After seeing the above detailed Clarification Certificate issued in the name of complainant’s father by the above named bank, it was told to the complainant that these are nothing and there is a huge amount still due to pay towards the complainant and without depositing the said amount, the OP Bank could not issue No Dues Certificate to the complainant. The complainant made so many visits to the office of OP Bank to issue No Dues Certificate but the OP Bank did not pay any heed to the genuine request of the complainant. Hence, this complaint.   

3.                     Upon notice, OP Bank appeared and filed its written statement by taking some preliminary objections such as complaint is not maintainable; no locus standi to file the present complaint; no cause of action against the OP Bank; complainant cannot take benefit of his own wrong; complainant has concealed the true and material facts from this Forum and has not come to this Forum with clean hands. The true facts are that complainant alongwith his father Sh. Chhajju Ram son of Sh. Desh Raj approached the Op Bank and requested for grant of loan in the shape of KCC and submitted the application for grant of loan, which is Annexed as Annexure R-1. At the time of taking the loan the complainant told to the officials of the Bank that they are having 23 kanal 05 marlas land in village Jaidhar & and land measuring 20 kanal in village Bhulkheri and the officials of the OP Bank after calculating told to the complainant and his father that a loan to the tune of Rs. 70,000/- can be sanctioned to them for which complainant and his father agreed and accordingly after completing all the formalities, the loan was disbursed and the complainant and his father had mortgaged the land measuring 8 Kanal 01 Marla with Op Bank vide mortgage deed No. 1287 dated 22.08.2005, but the complainant and his father remained fail to repay the loan since beginning. It has been further submitted that in the year 2008, the Government launched a scheme and as per the scheme the Government has bifurcated the farmers in three categories as under:

(i)         Marginal Farmer

(ii)        Small Farmer

(iii)       Other Farmer.

4.                     As the complainant fall under the category of other farmers because the complainant and his father was owner of total 43 kanal 05 marlas land i.e. more than 2 hectares ( more than 5 acres) and as per the scheme in case of other farmers there will be a one time settlement (OTS) under which the farmer will be given a rebate of 25% of the eligible amount subject to the condition that the farmer pays the balance of 75% of the eligible amount.

                        Provided that in the case of revenue districts listed in Annex-I, ‘other farmers’ will be given OTS rebate of 25 per cent of the ‘eligible amount’ or 20,000/- whichever is higher, subject to the condition that the farmer pays the balance of the ‘eligible amount’.

5.                     Accordingly, the OP Bank informed the complainant and his father regarding the abovesaid scheme but the complainant was adamant that he is small farmer and he would not pay even a single penny as his entire loan had been waived off by the Government.  The officials of the Op Bank tried to make understood the complainant that he falls under the category of other farmers and he would be provided the benefit of the said scheme when he would deposit 75% of the loan but he did not pay any heed to the just and genuine request of the OP Bank and now the complainant has filed the present false complaint. On merit, rest contents of the complaint have been denied by the OP Bank and lastly prayed for dismissal of complaint.

6.                     To prove his case, the counsel for complainant tendered into evidence affidavit of complainant as Annexure CX and documents as Photo copy of Jamabandi for the year 2005-06 as Annexure C-1, Photo copy of India Green Card as Annexure C-2, Photo copy of application for sanction of Kisan Credit Card Loan as Annexure C-3, Photo copy of mortgage deed as Annexure C-4 and closed the evidence on behalf of complainant.

7.                     On the other hand, counsel for the OP Bank tendered into evidence photo copy of application for sanction of Kisan Credit Card Loan as Annexure R-1, Photo copy of statement of account as Annexure R-2 and closed the evidence on behalf of OP Bank.    

8.                     We have heard the learned counsel for both the parties and have gone through the pleadings as well as documents placed on file minutely & carefully.  The counsel for the complainant reiterated the averments mentioned in the complaint and prayed for its acceptance, whereas the counsel for OPs reiterated the averments made in the reply and prayed for dismissal of complaint.

9.                     Before considering the facts of the case on merit, it is necessary to reproduce the following guidelines / definition for implementation of this scheme of Debt Waiver and Debt Relief scheme 2008 and the same is as under:- 

3.                     Definition

3.1                   Direct Agricultural loans means, short term loan production loans and investment loans provided directly to farmers for agricultural purposes. This would also include such loans provided directly to groups of individual farmers (for example Self Help Groups and joint liability Groups) provided banks maintain disaggregated data of the loan extended to each farmer belonging to that group.

3.2                   “Short term production loan” means a loan given in connection with the raising of crops which is to be repaid within 18 months. It will include working capital loan, not exceeding Rs. 1 lakh, for traditional and non- traditional plantations and horticulture.

3.5                   “Marginal farmer” means a farmer cultivating (as owner of tenant or share cropper) agricultural land up to 1 hectare (2.5 acres).

3.6                   “Small farmer” means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and up to 2 hectares (5 acres).

3.7                   “Other farmer” means a farmer cultivating (as owner or tenant or share cropper )agricultural land of more than 2 hectares ( more than 5 acres).

            In the aforesaid scheme under serial No.5, 5.1 & 6.1 the following provisions were made:   

            5. Debit Waiver.

            5.1       In the case of a small or marginal farmer, the entire ‘eligible amount’ shall be waived.

            6. Debt Relief

            6.1       In the case of ‘other farmers’, there will be a one-time settlement (OTS) Scheme under which the farmer will be given a rebate of 25% of the ‘eligible amount’ subject to the condition that the farmer pays the balance of 75 per cent of the ‘eligible amount’

                        Provided that in the case of revenue districts listed in Annexure-I, ‘other farmers’ will be given OTS rebate of 25 per cent of the ‘eligible amount’ or Rs. 20,000/- whichever is higher, subject to the condition that the farmer pays the balance of the ‘eligible amount’.

10.                   Undisputedly, the complainant and his father obtained a loan of Rs. 70,000/- under the Kisan Credit Card Limit in the Month of August, 2005 from the OP by mortgaging their land in favour of the bank. Further, undisputed fact is that as per scheme of the government, the OP Bank was liable to credit 25% in the loan account of the complainant and his father and 75% amount was also kept under O.T.S. account but the complainant had not deposited 75% of the amount. Hence, the benefits of the O.T.S. Scheme were not given to the complainant.

11.                   The case of the complainant is that he was only owner in possession of 23 kanals 05 marlas land of village Jaidhar. In support of his contention he has filed copy of jamabandi for the year 2005-06 of village Jaidhar. On the contrary, the case of the OPs is that the complainant was having land under cultivation totaling 43 Kanal 05 marlas out of which 23 kanals 05 Marlas land belongs to village Jaidhar and 20 Kanal land belongs to village Bhulkheri. In support of his contention, the OP has filed copy of application for sanction of loan/ proposal (Annexure R-1) in which the complainant and his father have themselves admitted at page no. 5 that 23 K. 05 M. land in village Jaidhar and  20 Kanal land in village Bhulkheri. Further, the OP stated that the complainant and his father had been depositing meager amount and the contention of the complainant that he had deposited more than a sum of Rs. 40,000/- with the OP Bank is denied and due to non- deposition of loan, the account of complainant has been declared NPA on 25.8.2010. The statement of account of complainant is annexed as Annexure R-2.   

12.                   From the perusal of Annexures R-1/C-3, it is clearly and undoubtedly proved on record that complainant was very much under cultivation of land measuring 43 Kanal 05 Marlas. In this way, the complainant was under cultivation of more than 5 acres land which falls under the category of “other farmers”.  The arguments of the counsel for the complainant have no force that complainant and his father was not under cultivation of 43 Kanal 05 marlas land. The complainant has totally failed to controvert the defence taken by the OP Bank. Further the complainant has not placed on file any letter issued by the Op Bank and/or any clarification letter of the Bank as mentioned in para No.7 of the complaint, so, in the absence of these letters we are unable to comment anything in this regard. Further the complainant obtained the loan from the OP Bank in the year 2005 and Government of Haryana launched the scheme in the year 2008 but the present complaint has been filed in the year 2012 which is hopelessly time barred. Hence, the argument advanced by the counsel for the complainant in this regard is not tenable at all.  The case of the OP is well proved on record from the documentary evidence.

13.                   Resultantly, in view of the facts noted above, we are of the considered view that there is no merit in the present complaint and further the complaint is hopelessly time barred. So, the present complaint is hereby dismissed with no order as to costs. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced in open court. 09.06.2016

 

                                                                                                (ASHOK KUMAR GARG)

                                                                                                PRESIDENT

 

                                               

                                                                                                (S.C.SHARMA   )

                                                                                                MEMBER