BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 27/06/2011

Date of Order : 30/09/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 337/2011

Between

 

And

O R D E R

A. Rajesh, President.

1. The facts of the complainant's case are as follows :

The complainant availed himself of a loan of Rs. 27,562/- under S.G.S.Y. 2000-2001 scheme through the 1^st and 2^nd opposite parties. The loan amount includes a subsidy amount of Rs. 7,500/-. He has been remitting the loan amount to the 3^rd opposite party in instalments. Since the complainant has not received the subsidy amount of Rs. 7,500/-, he approached the 1^st opposite party for the same. The 1^st opposite party in turn directed the 3^rd opposite party by letter dated 17-02-2005 to disburse the subsidy amount. But the 3^rd opposite party has neither disbursed the amount nor adjusted in the same in the loan account and they have been charging interest for the subsidy amount. Thus, the complainant is before us seeking direction against the 1^st and 2^nd opposite parties to pay the subsidy amount with interest together with compensation and costs of the proceedings.

2. Version of the 1^st and 2^nd opposite parties :

At the instance of the 1^st opposite party, the 3^rd opposite party had disbursed the loan amount of Rs. 27,652/- to the complainant on 28-03-2001. On 16-01-2007, the 3^rd opposite party intimated the 1^st opposite party that they have not received the subsidy amount to be disbursed to the complainant. The complainant as well submitted a letter to the 1^st opposite party with the same effect. Accordingly in consultation with the Project Director Poverty Minimizing Programme, the 1^st opposite party provided the subsidy amount to the 3^rd opposite party. There is no negligence or latches on the part of the 1^st opposite party in disbursing the subsidy amount to the complainant. The 1^st and 2^nd opposite parties request to be relieved from any liability.

3. Defense of the 3^rd opposite party :

The 3^rd opposite party had disbursed the loan amount of Rs. 27,582/- to the complainant on 28-03-2001 as per the request made by the 1^st and 2^nd opposite parties under S.G.S.Y. scheme. The 3^rd opposite party had not received the subsidy amount from the 1^st opposite party and they could not release the same to the complainant. After availing the loan, the complainant did not repay the loan amount promptly, so a defaulted borrower is not entitled to get subsidy. The 1^st opposite party was aware of the non-disbursing of subsidy to the complainant. In the mean time, the 1^st opposite party sent a copy of the letter which had been forwarded by them to the Project Director Poverty Minimizing Project from whom sanction is to be accorded to proceed with the disbursement of subsidy. Without getting subsidy from the Project Director, they could not release the subsidy amount. So, the 3^rd opposite party is not liable to pay compensation or costs of the proceedings to the complainant.

4. No oral evidence was adduced by the parties. Exts. A1 to A4 were marked on the part of the complainant. Exts. B1 to B5 were marked on the side of the opposite parties. Heard the complainant and the 1^st and 2^nd opposite parties who appeared in person and the counsel for the 3^rd opposite party.

5. The points that arose for consideration are :

1. Whether the complainant is entitled to get the subsidy amount of Rs. 7,500/-?

2. Compensation and costs of the proceedings?

6. Point Nos. i. and ii. :- During the proceedings in this Forum, the Vazhakkulam Block Panchayath Secretary vide Ext B1 proceedings dated 27-09-2011 directed the 3^rd opposite party to grand subsidy.

7. However, the complainant submitted that he is not satisfied with the disbursement of the subsidy amount alone, further he seeks the compensation and costs of the proceedings from the opposite parties. Evidently, Ext. B2 loan account of the complainant goes to show that he is a chronic defaulter. Logically, the defaulter cannot defend himself.

8. In view of the above, we partly allow the complaint and direct that the 3^rd opposite party shall adjust the subsidy amount of Rs 7,500/- in the loan account of the complainant as per norms.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of September 2011.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

=========

Date of Despatch of this Order ::

By Post ::

By Hand ::