By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act 1986.

The complaint in brief is as follows:- The Complainant availed Rs.25,000/- during the year 1997- 98 as agricultural loan. The debted sum became due and the repayable amount was latter turned to be Rs. 33,919/- including interest. The Opposite Party insisted the Complainant for closing of the loan and it was also offered that in case of any scheme of debt waiver if declared by the Central Government, the benefit would be given to the Complainant. Relying on the words of the Opposite party, the Complainant closed the loan remitting Rs.30,578/- on 27.2.2008. After the declaration of the debt waiver and debt relief scheme of Central Government, the Complainant was also included in the list of eligible persons for debt waiver scheme. The Complainant requested the Opposite Party to give back the amount deposited under the strength of the debt waiver and debt relief scheme. Whereas the Opposite Party was not ready to return the amount deposited by the Complainant towards the loan.

2. There may be an order directing the Opposite party to return Rs.30,578/- along with interest at the rate of 12% from the date of payment till the date of returning the amount along with cost and compensation.

3. The Opposite Parties filed version in short it is as follows:- The agricultural loan of Rs.25,000/- was given to the Complainant and the loan was closed on 27.2.2008. The allegation of the Complainant that the debted sum was cleared on the assurance of the Opposite Party is not correct. The Complainant closed the loan on 27.2.2008 the eligibility of the loanees depends on the specification of Reserve Bank of India and the amount is to be an overdue as on 28.2.2008. The account of the Complainant was not overdue on 28.2.2008 and loan itself was closed on 27.2.2008. The Complainant lost eligibility to get enlisted in the name of persons eligible for the scheme. The Opposite Party acted according to the terms and conditions for the implementation of the scheme. The Complainant is not entitled for any compensation or cost hence to be dismissed.

4. The points in consideration are:-

1. Whether any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

5. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Opposite party. Exts.A1 to A3, X1 and X2 are the documents considered in this case.

6. The points to be considered whether the Complainant was deprived of the benefit of the scheme. It is admitted that the Complainant remitted Rs.30,578/- on 27.2.2008. The Agricultural Debt waiver and Debt Relief Scheme 2008 specifies the eligible amount. In clause 4 of the circular in clause 4.1(a) (i) reads “ disbursed up to march 31 2007 and overdue as on December 31 2007 and remaining unpaid until February 29 2008”. The eligibility of the amount according to this specification is that the loan had to be overdue as on 31.12.2007 an unpaid until 29.2.2008. In this case the Complainant remitted the loan amount on 27.2.2008. It is not brought in evidence whether the name of the Complainant remained in the preliminary and final list of the persons eligible for the scheme. The amount debited from the Opposite Party was closed before the last date and eligibility is lost in that aspect. The rejection of the Opposite Party to give back remitted sum of Rs.30,578/- including the amount eligible for the benefit of the debt waiver and debt relief scheme cannot be considered as a deficiency in service and the points are found accordingly.

In the result the complaint is dismissed, no order as to cost and compensation.

Pronounced in open Forum on this the day of 29^th September 2010.

Date of filing: 15.02.2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Letter. dt:07.12.2007.

A2. Copy of Receipt. dt:27.02.2008.

A3. Coy of Letter. dt:25.03.2009.

Exhibits for the Opposite Party:

X1. Copy of Ledger Account of the Complainant.

X2. Copy of Statement of Account.