C.F. CASE No.                    :  CC/09/89                                                                                                                              

COMPLAINANTS              : 1)         Ratan Biswas,

                                    S/o. Khoka Ram Biswas,

                                    Vill + P.O. Mamjoan,

                                    P.S. Hanskhali, Dist. Nadia.

                                    2)        Rajani Biswas,

                                    S/o. Ratan Biswas,

                                    Vill + P.O. Mamjoan,

                                    P.S. Hanskhali, Dist. Nadia.

• Vs  –

OPPOSITE PART/OP         :           Branch Manager,

                                    Bank of Baroda,

                                    M.M. Ghosh Street near Patrabazar

                                    Vill + P.O. Krishnagar, P.S. Kotwali,

                                    Dist. Nadia.

PRESENT                               :     KANAILAL CHAKRABORTY             PRESIDENT

                      :     KUMAR MUKHOPADHYAY                MEMBER

                          SMT SHIBANI BHATTACHARYA       MEMBER

DATE OF DELIVERY                                             

OF  JUDGMENT                    :          4^th February, 2010

:    J U D G M E N T    :

            In brief, the case of the complainants is that they took a loan of Rs. 3,67,000/- from the OP No. 1, Bank of Baroda on 13.12.02 in order to purchase a tractor.  Accordingly, a tractor was purchased by them valued at Rs. 4,31,850/- from one Girinder Sunander & Co.  As per terms of the OP Bank the complainants regularly deposited installment money before the Bank and the said amount was deposited in their loan account No. GUK/AG/26/27.  The complainants purchased this tractor for agricultural purpose.   It is their further contention that India Government on 23.05.08 declared by a notice that the agricultural loan would be waived by the Government.  So they accordingly, moved before the OP on 15.10.09 to waive the balance loan amount which they had to pay.   But the OP neither waived due amount of loan nor replied to their letter.  So having no other alternative they have filed this case praying for the reliefs as stated in the petition of complaint. 

            OP, Bank of Baroda, Krishnagar Branch has contested this case by filing a written version, inter alia, stating that the case is not maintainable in its present form and nature.  It is his specific contention that as per circular dtd. 28.05.08 issued by the Ministry of Finance, Government of India, only those agricultural loans which fulfill all the three conditions i.e., (a) disbursed between March 31^st 1997 and March 31^st, 2007, (b) overdue on December 31^st, 2007 and (c) remaining unpaid until February 29^th, 2008 will be eligible for debt waiver/debt relief under the scheme and the said circular was communicated by the Reserve Bank of India on 30.05.08 to the General Manager of this Bank and accordingly the OP Bank implemented the circular.  He has also stated that as per prayer of the petitioners for tractor loan the OP Bank sanctioned the said tractor loan to the tune of Rs. 3,67,000/- on 13.12.02 for the period of 9 years @ 13.5% repayable in 18^th half yearly installment of Rs. 20,389/- + interest and first installment was due on June, 2003.   Accordingly, the petitioners already paid Rs. 3,03,594/- upto 31.12.07 though as per above schedule they had to pay Rs. 2,03,890/- upto 31.12.07.  So there is no overdue in the said amount of the petitioners upto 31.12.07 and accordingly the said amount is not eligible under the above said scheme which this OP duly intimated the petitioners by a letter dtd. 04.11.09.   So these petitioners have no cause of action to file this case against the OP Bank as they do not fall under the category of getting relief under the above said scheme.  So the case is liable to be dismissed against him. 

POINTS  FOR  DECISION

Point No.1:         Have the complainants any cause of action to file this case?

Point No.2:          Are the complainants entitled to get the reliefs as prayed for?

DECISION  WITH  REASONS

            Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.

            On a careful examination of the petition of complaint along with the annexed documents and the written version along with the documents filed by the OP and also after hearing the arguments advanced by both the parties, it is available on record that the OP, Bank of Baroda, Krishnagar Branch sanctioned a tractor loan to the petitioners to the tune of Rs. 3,67,000/- on 13.12.02 for the period of 9 years @ 13.5% repayable in 18^th half yearly installment of Rs. 20,389/- + interest.  From the written version it is also available that upto 31.12.07 the complainants paid Rs. 3,03,594/- though as per schedule of payment they had to pay Rs. 2,03,890/- upto 31.12.07.   The OP Bank has filed a copy of statement regarding payment of loan by the complainants which also speaks that the complainants have already repaid Rs. 3,03,594/- upto 31.12.07.   Complainants have claimed that as per Govt. notification the unpaid amount of loan has been waived under the scheme Agricultural Debt Waiver and Debt Relief Scheme, 2008 (Implementation Circular 1 / 2008) issued by the Ministry of Finance Department of Financial Service, New Delhi, dtd. 28.05.08.   But the ld. lawyer for the OP draws our attention to the point No. 2 (i) which speaks “Only those direct agricultural loans which fulfill all the 3 conditions, i.e., (a) disbursed between March 31^st, 1997 and March 31^st 2007, (b) overdue on December 31^st, 2007 and (c) remaining unpaid until 29^th 2008 will be eligible for debt waiver/debt relief under the scheme”.  On a careful perusal of this provision of law it is available to us that overdue amount of loan between the period of 31.03.97 to 31.03.07 which remained unpaid until February, 2008 will be eligible for the debt waiver under the scheme.  From the documents filed by the parties it is available that though the loan was disbursed to the petitioners between the period of March, 31^st 97 to March 31^st 2007, but on the side of the petitioners no amount of installment was due for payment upto 31.03.07.  Rather the complainants paid Rs. 3,03,594/- though the demand amount which they had to pay upto 31.03.07 was Rs. 2,03,890/-.   Practically the petitioners paid excess amount within the schedule period for the repayment of the loan amount.  Naturally, the complainants’ case does not fulfill all the 3 conditions enumerated in the point No. 2(i) of the above said circular issued by the Ministry of Finance dtd. 28.05.08.  So the complainants are not entitled to get any benefit for waiver of debt as no amount of debt was overdue or unpaid by them upto 31.03.07.   The total amount of loan is not yet repaid by the complainants as the tenure of repayment of the said loan is not yet completed.

            In view of our above discussions and considering the facts of this case we find that the complainants have no cause of action to file this case.  So no question of waivering the loan in favour of the petitioners does arise.  We do also hold that the petitioners are not entitled to get any relief as prayed in this case.  In result the case fails.

            Hence,

Ordered,

            That the case, CC/09/89 be and the same is dismissed on contest against the OP without any cost.

Let a copy of this judgment be delivered to the parties free of cost.