This revision petition has been filed by the petitioner Shree Krishana against the order dated 15.11.2017 of the State Consumer Disputes Redressal Commission, U.P. (in short ‘the State Commission’) passed in First Appeal No.984 of 2012. 2. It was the case of the petitioner/complainant before the District Consumer Disputes Redressal Forum, Jallon, (in short’ the District Forum’) that he was entitled to get 100% loan waiver under the loan waiver scheme of 2008 of Government of India. The opposite party has not allowed the loan waiver. A consumer complaint was filed before the District Forum being CC No.136/2011. The complaint was resisted by the opposite parties on the ground that the complainant was not a small or marginal farmer and comes under the category of ‘other farmer’ and that he was entitled to loan waiver of only 25% of the loan, provided he deposited 75% of the due amount. 3. The District Forum, however, allowed the complaint and ordered that the total due amount of Rs.16350/- should be waived and should not be realized from the complainant. 4. The opposite party Allahabad bank preferred an appeal bearing No.984 of 2012 before the State Commission and the State Commission allowed the appeal by setting aside the order of the District Forum and by dismissing the complaint. 5. Hence the present revision petition by the complainant. 6. The AR of the complainant stated that the provision in the scheme of 2008 is very clear that the other farmers having more than 2 hectares of land will be considered as small and marginal farmer if the loan amount is less than Rs.50,000/-. Further he stated that the loan amount in this case was only Rs.25,000/- and the remaining due amount was only Rs.16,350/-. Thus, the petitioner was fully eligible for getting the 100% waiver of this loan amount under the scheme. He stated that the State Commission has not correctly appreciated the provisions of the scheme and has based its order only on one clause of the scheme which requires that in case of other farmer only waiver of 25% amount will be given provided the farmer deposits 75% of the due amount. State Commission has totally missed out the other provision given in the scheme that if the total loan amount is less than Rs.50,000/- then, even the other farmers will be considered as small and marginal farmers and for small and marginal farmers, the loan amount is to be waived to the tune of 100% of the due amount. 7. On the other hand, the learned counsel for the respondent opposite party stated that the provision in the scheme is very clear that for other farmers the loan waiver will be only for 25% of the amount and that too if the farmer deposits 75% of the amount. State Commission has correctly appreciated the provisions of the scheme and has allowed the appeal filed by the respondent opposite party against the order of the District Forum and no interference is called for from this Commission in the revision petition. 8. I have carefully considered the arguments advanced by both the sides and have critically examined the scheme. So far as the categorisation of the complainant farmer is concerned, clearly the petitioner complainant comes in the category of other farmer, however, the explanation 3 given after clause 3.7 of the scheme clearly states that if the loan amount is less than Rs.50,000/- even the other farmers will be categorised as small and medium farmers. Once the complainant is categorised as small and marginal farmer he becomes entitled for 100% waiver of this loan amount due, as for small and marginal farmers, the provision of waiver of total due amount is provided in clause 5.1 of the scheme. The State Commission has relied on the provision given in clause 6.1 of the scheme which provides that 25% of the loan amount will be waived if the farmer deposits 75% the loan amount in case of other farmers but the State Commission has, perhaps inadvertently, not considered the proviso to this clause that if 25% of the amount comes to less than Rs.20,000/- then Rs.20,000/- will be waived. This provision has some meaning if the loan amount is more than Rs.50,000/- because then Rs.12,500/- will be the eligibility of the farmer for waiver, but Rs.20,000/- will be waived and if the amount is more than Rs.80,000/- then 25% of the amount will be waived. Clearly this clause has no applicability if the loan amount is less than Rs.50,000/- because then the farmer will be considered as small and marginal farmer allowing him 100% waiver under clause 5.1 of the scheme. Clearly, the State Commission has erred in interpreting the provisions of the scheme and therefore, the order of the State Commission cannot be sustained. 9. Based on the above discussion, revision petition no.6 of 2018 is allowed and order dated 15.11.2017 of the State Commission is set aside. The order dated 29.03.2012 of the District Forum is upheld. Respondent Bank will bear its own expenses and pay Rs.3000/- as cost of this revision petition to the complainant petitioner. The cost be paid within a period of 45 days within which the order of the District Forum be also complied. | 
