Uttar Pradesh

Aligarh

CC/245/2021

SMT ASHA DEVI - Complainant(s)

Versus

BRANCH MANAGER STATE BANK OF INDIA - Opp.Party(s)

25 May 2023

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग अलीगढ

Complaint Case No. CC/245/2021 ( Date of Filing : 30 Dec 2021 )   1. SMT ASHA DEVI W/O LATE NIRAJAN DEV AGE 51 YEARS R/O HASANPUR PARAI TEH GHABHANA ALIGARH 2. PREM KISHAN S/O LATE NIRAJAN DEV AGE 31 YEARS R/O PARAI HASANPUR TEH GHABHANA ALIGARH ...........Complainant(s) Versus 1. BRANCH MANAGER STATE BANK OF INDIA GHBHANA ALIGARH 2. ZILA KRISHI ADHKARI ALIGARH 3. ZILA ADHIKARI ALIGARH ............Opp.Party(s)

BEFORE:     HON'BLE MR. HASNAIN QURESHI PRESIDENT   HON'BLE MR. ALOK UPADHYAYA MEMBER   HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER

PRESENT:

Dated : 25 May 2023

Final Order / Judgement The present complaint has been filed by the complainant before this commission for  the following reliefs-  The Ops be directed to provide the benefit Rs.100000/ to the complainant under the loan relieving scheme. The ops be directed to pay the damages caused by the new KCC. Litigation expenses. Complainant stated that they are farmers and they were advanced loan to the tune of Rs.100000/ in KCC account no. 31132922505 SBI bank branch Ghabhana. They could not repay the loan amount due to illness of complainant no.2. As per government order the marginal farmers were relived from the loan amount Rs.100000/ under the loan relieving scheme. The complainant fall within the category of aforesaid category and the bank had also included the complainant in said category The district lavel committee had also relieve the complainant from the KCC account loan Rs.100000/ and it was informed to the complainant by District Agriculture Officer vide  his letter पत्रांक/कृषि संख्या 1010/फ0 ऋण मोचन /2019-20. The copy of said letter was made available to the bank by the complainants. Under the RTI Act it was informed by the bank that the loan amount was not deposited in their account under the scheme till 2.3.2020 and it was informed that the complainants account was within the eligible  criteria of relieving the loan. The bank sanctioned new KCC loan having adjustment of the previous loan amount and  the complainants came to know about new KCC loan on 17.10.2020 when the loan recovery notice was given to them. And complainant were asked to pay the outstanding dues Rs.243573.84 by the last date 21.8.2020. Complainants were not extended the benefit of the scheme . OP no. 1 has stated in WS that the complainant was sanctioned KCC loan account no. 31132922505 and he was liable to make the payment in accordance with the contract and the loan relieving scheme was not under the control of bank. Bank had to merely send the list of farmer and names of the complainant were sent by the bank to the government but no amount was remitted into the account of the complainants by the government. When the loan amount was not paid by the government, complainants requested to close the account and to the new KCC account. The application moved by the complainant in this regard was accepted by the bank and the new account was opened in which earlier KCC account was transferred. Complainants have wrongly alleged that their signatures were obtained by fraud opening the new account. Op no.2 stated in WS that the complaint has failed to show any cause of action again the answering OP which is prerequisite to file the complaint. Complainant has no locus standi again the answering op to file the complainant.  Op no.2 and 3 have stated that the loan of those farmers could not be waived. Those farmers as per GO no. 540 B./Ka.Ni.-6-2017-01 (B) /2017 dated 24.6.2017 they were provided facility to make complainant on line on the website UP Kisan Karj Rahat upsdc.gov.in. On complaint no. 171430014789 and KCC account no. 31132922505 the complainants were found eligible on verification made by bank and tehsil but on generating the demand by the district level committee complaintant was find incomplete and the complainants were deprive a from giving the benefit by the District level Committee. Thereafter the farmers were given last opportunity to available the facility as per GO dated 6.12.2018 and the facility of Online complaint was substituted by district level help desk whereby the District Level constituted the help desk in which complainants  complaint no. 143006427 was  lodged and on verification by the bank and tehsil the complainants were found eligible. The district level committee generate the demand and send to the government but all closure of the complainants KCC account no. 31132922505 on 22.8.2019 by making payment of Rs.109813/, the loan amount could not be set off in the KCC account by the GO dated 19.9.2019 GO scheme has been closed .     Complainant has filed his affidavit and papers in support of his pleadings. And Ops have also filed his affidavit and papers in support of his pleadings. We have perused the material available on record and heard the parties counsel. The first question of consideration before us is whether the complainant is entitled to any relief? Admittedly, the complainants were found eligible on verification made by bank and tehsil on complaint no. 143006427 on District help desk under the GO dated 19.6.2019. It is evident  that account of the complainants was closed on 22.8.2019 and  the account was transferred to the new account and the loan amount could not be transferred by the government to the account of the complainants due to closer of the account by the op bank and the complainants were deprived from availing the facility provided by the government on account of closing the KCC account.  Op bank has not stated the contractual or statutory obligation to close the account. Thus the complainants have suffered the loss by the act of  commission or omission and negligence of the OP bank. There was deficiency in service on the part of OP Bank and OP bank is liable to reimburse the complainants for same.     The question formulated above is decided in favour of the complainant. We hereby direct to Op no.1 bank to reimburse the complainants against the loss amount Rs.100000/ with pendente lite and future interest at the rate 9% per annum. Op no.1 bank also pay to the complaint Rs5000/ as litigation expenses . OP no.1 shall comply with the direction within a month failing which OPs shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties. File be consigned to record room along with a copy of this judgment.

[HON'BLE MR. HASNAIN QURESHI] PRESIDENT     [HON'BLE MR. ALOK UPADHYAYA] MEMBER     [HON'BLE MRS. PURNIMA SINGH RAJPOOT] MEMBER