SRI BIJAYA KUMAR DAS,PRESIDENT:-
Deficiency in service in respect of non-disbursement of sanctioned loan amount are the allegations arrayed against the Opp.Party.
2. Complaint, in brief reveals that complainants are President and Secretary of Maa Laxmi SHG located at Sanabada Gopalpur,Rajnagar,Kendrapara. Complainants group to run a dairy unit was sanctioned Rs.3,63,000/- by OP-Bank under SGSY Scheme being recommended by BDO,Rajnagar,said sanction of loan includes construction of cowshed and purchase of Milch cows. Out of the total sanctioned amount only Rs.50,000/- was released for construction of cowshed. On non-receipt of the balance sanction amount complainants wrote a letter to BDO,Rajnagar vide Letter No.1903 dtd.25.07.12 on his letter BDO,Rajnagar recommended OP-Bank and VAS,Rajnagar for purchase of Milch cows, but the OP-Bank did not release the amount. It also reveals from the complaint petition that due to non-release of said sanctioned amount complainants are paying unnecessary interest to the OP-Bank. On dtd.19.07.14 complainants issued a legal notice to OP-Bank, but OP-Bank did not prefer to reply the same. This acts and callous nature of the OP-Bank is treated as deficiency in service for which it is prayed that OP-Bank be directed to pay rs.3,63,000/- including compensation for mental agony and financial loss.
3. Being noticed OP-Bank appeared through their Ld.Counsel and filed written version denying the allegations of the complainants and submitting the facts, it is stated that complainants are President and Secretary of Maa Laxmi S.H.G. at village:-Sanabadagopalpur, Rajnagar, Kendrapara complainant’s group to set up a dairy unit obtained sponsorship of BDO,Rajnagar and was sanctioned with a loan amount of Rs.3,63,000/- and a loan-cum-hypothecation agreement was executed between the OP-Bank and the said group on dtd.09.11.2011. As per guidelines the loanee-cum-beneficiary has to construct the cowshed and after construction of the cowshed Rs.50,000/- will be disbursed. But on dtd.26.11.11 when the Bank officials along with other officials verified the construction of the cowshed, noticed that no cow sheds were constructed, on the other hand the complainants assured that the construction of the cowshed will be completed very soon and complainant’s put their signature along with other officials on the report which were prepared on the spot. Thereafter,on dtd.28.11.14, the OP-Bank disbursed the amount of Rs.50,000/- under loan A/C No.3153642817. It is revealed from the written statement that after construction of the cowshed there was a dispute between complainant-loanee and OP-Bank regarding purchase of Milch cow. It is the version of the Op-Bank that Milch cows to be purchased from the approved firm i.e. OMFED on the presence of the technical committees, but the complaiannts demanded to release the rest loan amount in cash with plea of purchasing Milch cows from local area, which according to OP-Bank are the violation of provision of purchase of Milch cows and it is prohibited to purchase Milch cow from local area. The written statement of Op-Bank further reveals that a system of phasewise purchase of Milch cow is preferred with a intention to enable the beneficiary to pay the loan dues and to earn their livilihood. The complainants being local inhabitants demanded vehemently to release the amount in cash for purchase of Milch cows, which were against the norms of the bank, being aggrieved complainants and their family members protested by staging ‘Dharana’ in front of the bank. The facts of illegal demands of purchase of Milch cows has been reported to the BDO,Rajnagar. As OP-Bank is the sanctioning authority they have to adhere the guidelines formulated for purchasing of Milch cows. OP-Bank in their written statement raised the question of maintainability as the complaint is barred by limitation as per provisions of C.P.Act. The first phase of loan amount was released on dtd.26.11.11 with an amount of Rs.50,000/- and thereafter the OP-Bank has not released the balance loan amount, hence the cause of action arose on the year 2011 and the complaint is filed on the year 2014. Complainants to bring the complaint before the Forum has taken the assistance of letter of BDO,Rajnagar dtd.25.07.12, lawyers notice dtd.19.07.14 and verbal approach dtd.16.07.14 it is averred that a long correspondence can not create a cause of action in eye of law. As the OP-Bank is a responsible organization and custodian of public funds and by not complying the illegal demands of the complainant for release of sanctioned loan amounts the OP-Bank has not committed any deficiency in service and the complaint is devoid of merit and liable to be dismissed with cost.
4. Heard the arguments, advanced by the parties. It is an admitted fact that complainants are the President and Secretary of Maa Laxmi SHG, Sanabadagopalpur,Rajnagar and OP-Bank sanctioned Rs.3,63,000/- to the said group for setting up a dairy unit. Out of the said sanctioned amount Rs.50,000/- has been released for construction of the cow- shed. It is also admitted that the balance sanctioned amount has not been released till-date.
Before discussing the factual aspect of the case we must discuss the maintainability of the dispute as raised by the OP-Bank. It is the version of the OP-Bank that complaint is barred by limitation as provided under C.P.Act,1986 and lot of correspondences have been brought into the complaint petition for its maintainability. Further, as per OP, the long correspondences does not create any cause of action in favour of the complainant. It is the contention of OP-Bank that the letter issued by BDO,Rajnagar on dtd.25.07.12 to OP-Bank for release of balance sanctioned loan amount, the said letter can not create any cause of action in favour of the complainant as the complaint is filed on dtd.14.08.14 after lapse of a period of two years time limit from the cause of action to institute a complaint which has not been maintained in the present dispute if the letter of BDO dtd.25.07.12 is taken into consideration as last cause of action.Though it is a fact that complaint is silent regarding any communication of official letter to Op-Bank of dtd.25.07.12, complainant filed a letter of Panchayat Samaiti,Rajnagar bearing No.4646 dtd.24.12.12 issued by BDO,Rajnagar to OP-Bank regarding purchase of Milch cow with copy to P.D.,DRDA and CDVO,Kendrapara. Hence, it appears that the letter dtd.25.07.12 and dtd.24.12.12 are the letters issued by BDO,Rajnagar to OP-Bank in connection with release of sanctioned loan amount for purchase of Milch cow. The complaint is filed on dtd.14.08.14,according to our opinion there is no inordinate delay in filing the complaint. Accordingly, the complaint is within the purview of Sec.24-A of C.P.Act,1986.
The dispute between the parties arises on non-disbursement of balance sanctioned amount for purchase of Milch cow. It is the version of the OP-Bank that complainant-loanee were demanding to release the balance loan amount in shape of cash to purchase the Milch cow, which is violation of the terms and conditions/guidelines of the bank. It is further submitted that to purchase the Milch cow a technical committee has been formed consisting of BDO,APD,DRDA,Veterinary Asst.Surgeon and Bank officials. The loanee has to purchase the Milch cow from approved firm of the OMFED in presence of the technical committee. The plea of the OP-Bank substantiated by joint inspection report dtd.14.12.11, where it is decided that livestock can be given to the loanees as per Govt. guidelines. The said report is acknowleged by the complainants by putting their signatures. Now, it is clear that the Milch cows have to be purchase from the approved firm of OMFED in the presence of the technical committee, as per the Govt. guidelines. On the otherhand, complaint is silent regarding reasons of non-disbursement of balance loan amount by OP-Bank for purchase of Milch cow. During course of argument this Forum wanted to know from the Ld. Counsel for OP-Bank that can the OP-Bank release the balance loan amount to the complainant-loanees to purchase the Milch cow as per the guidelines if the complainants-beneficiaries obey the guidelines ? The Ld. Counsel for OP-Bank submitted that as the said sanctioned loan was a schematic one and loan was sanctioned in the year 2011, the OP-Bank can not release the balance loan amount at this stage as the time limit of the said loan has expired.
As per our aforesaid observation, it is clear that OP-Bank has not committed any deficiency in service and has acted as per the terms and condition and guidelines of the Govt. The OP-Bank relied on the decision of the Hon’ble National Commission reported in CPR X-1993(3) Page-388 in case of Vishnu Agencies- Vrs- The Chairman, Indian Overseas Bank and placed other citations, we are of the opinion that the complaint is devoid of merit and is dismissed on contest without cost.
Accordingly, the complaint is disposed of.
Pronounced in the open Court, this the 25th January.2016.
