BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 270/2004 Filed on 02.07.2004<br /> Dated : 30.06.2008<br /> <br /> Complainant:<br /> <br /> V.R. Sukumaran Nair, Raja Bhavan, Chemboor, Ottasekharamangalam P.O, Thiruvananthapuram – 695 125.<br /> <br /> (By adv. Indusekharan Thampy)<br /> <br /> Opposite parties :<br /> <br /> 1.The Branch Manager, State Bank of Travancore represented by its Manager, Poovachal Kattakkada, Thiruvananthapuram.<br /> <br /> 2.The Special Tahsildar(RR), Civil Station, Neyyattinkara, Thiruvananthapuram.<br /> <br /> 3.The Village Officer, Keezharoor, Kezharoor P.O, Neyyattinkara, Thiruvananthapuram. <br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 17.12.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008 and re-heard the complaint. This O.P having been heard on 19.05.2008, the Forum on 30.06.2008 delivered the following:<br /> ORDER<br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> The facts of the case are as follows: The complainant V.R. Sukumaran Nair had availed an agricultural term loan for an amount of Rs. 5000/- in the year 1987. The complainant had repaid the entire amount to the 1st opposite party as per the terms and conditions. In the meantime, the Central Government had announced a policy to write off all the agricultural loan below Rs. 10000/- issued to farmers and agriculturists. The complainant was of the bonafide belief that the above loan amount was closed as per the policy of Central government. The 1st opposite party is legally bound to follow the directions and guidelines. The complainant had repaid the entire loan amount. Moreover, the 1st opposite party had already written off all the agricultural loan below Rs. 10000/- as per the direction of RBI and Central Government. The complainant received a post card on 22.06.2004 as urgent message from the 3rd opposite party stating that if the loan amount is not paid they will initiate R.R proceedings against the complainant. As per the complainant the loan was sanctioned in the year 1987. The period of repayment was one year. The 1st opposite party ought have recovered the amount within 3 years as per law. The opposite parties have no legal right to take R.R. Proceedings as the debt is time barred. The complainant alleges that the opposite parties have no right to initiate R.R. Proceedings as it is time barred and the non-mentioning of the amount and non-issuing of proper notice is defect and default in the manner of performance of the opposite party. It amounts to unfair trade practice and deficiency in service. Hence the complainant approached before this Forum and prays for quashing the claim made in the post card dated 16.06.2004 issued by the opposite party as illegal and improper and for an order of prohibitory injunction restraining the opposite parties from initiating the R.R. Proceedings against the complainant and for compensation for his grievances. <br /> <br /> The opposite parties remained exparte. The complainant has filed affidavit and was examined as PW1 and a document was marked as Ext. P1. Ext. P1 is the only document produced by the complainant in this case which is the post card sent by the 3rd opposite party, the Village Officer, Keezharoor. In this document the 3rd opposite party stated that if the loan amount availed by the complainant from 1st opposite party is not paid, the 3rd opposite party will initiate R.R.Proceedings against him if the amount will be paid within 7 days from the date of receipt of the post card. As per the complainant he has paid the entire loan amount and moreover the complainant argued that the Central Government announced a policy to write off all the agricultural loans below Rs. 10000/- sanctioned to farmers and agriculturists. The Reserve Bank of India also issued circular as per the above policy and all the scheduled and non-scheduled banks had written of all loan debts which were subsisting at the time of circular issued by the Central Government and Reserve Bank of India. The complainant also alleges that he had taken the loan in the year 1987. The opposite parties demanded the repayment only on 16.06.2004. The 1st opposite party ought have recovered the amount within 3 years as per law. The opposite parties have no right to take R.R.Proceedings as the debt is time barred. The complainant has produced rulings for that matter.<br /> <br /> But in this case the complainant has not produced any document to prove his complaint. The complainant has not produced any evidence to show that when did he take the loan or how much amount was taken or what is the purpose of the loan whether it was agricultural loan or not, how much amount he has refunded.<br /> <br /> Even though the opposite parties are exparte in this case, the complainant has to prove his complaint beyond doubt. For the foregoing discussions we cannot allow the case without sufficient evidence. <br /> <br /> <br /> Hence the complaint is dismissed. No cost. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30th June 2008.<br /> <br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> O.P.No. 270/2004<br /> <br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS : <br /> <br /> PW1 - Sukumaran Nair<br /> <br /> II COMPLAINANT'S DOCUMENTS :<br /> <br /> P1 - Post card dated 16.06.2004 sent by the 3rd opposite party to the complainant. <br /> <br /> III OPPOSITE PARTIES' WITNESS :<br /> <br /> NIL<br /> <br /> IV OPPOSITE PARTIES' DOCUMENTS :<br /> <br /> NIL <br /> <br /> PRESIDENT<br />