ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to disburse the subsidy amount of Rs.3,00,000/- and pay Rs.1,00,000/- towards compensation and cost of litigation”.
The brief fact of the case is that, the complainant being influenced by the opposite party No.2 applied to the Blue revolution Scheme for renovation of Tank and Pisciculture and opposite party No.1 after due verification of the spot and the records was pleased to sanction the said scheme in favour of the complainant in the year 2018. There after complying all the formalities the opposite party No.1 sanctioned a sum of Rs.7,03,500/- in favour of the complainant vide letter dtd.05.9.2017 with relevant plan and estimate and sent to the Manager, UBI, Dihasahi/PNB, Dihasahi and there after the bank disbursed the loan in favour of the complainant. The bank after disbursement of loan vide his letter dtd.29.8.2018 informed the opposite party No.1 for sanction of subsidy amount of Rs.3,00,000/-. The opposite parties although well aware about the completion of the project work in all respect by the complainant but till date has not sanctioned the subsidy amount and the loan interest increased day by day and the bank pressed on the complainant for repayment of the loan installments.
Opposite parties submitted written version as stating below;
On the basis of the application submitted by the complainant for renovation of his existing tank, the opposite party No.1 took necessary action to consider the case of the complainant under Blue Revolution Scheme. As per the guidelines of the said scheme, the complainant had to deposit user fees of an amount of Rs.4,710/- for preparation of the project report. Accordingly the project report was prepared and same was sponsored to the financing bank i.e. the United Bank of India, Dhihasahi, Jagatsinghpur vide his letter No.1423 dtd.05.9.2017 with a request to sanction the loan observing all sorts of formalities and to release the loan amount in suitable installments i.e. 30%, 40% and 30% and again to release the said installments only after getting full utilization certificate of the previous installments from opposite party No.2. On receipt of the recommendation of opposite party No.1, the concerned bank in his letter dtd.29.8.2018 has intimated that the bank has financed Rs.7,03,500/- but have disbursed an amount of Rs.3,00,000/- to the complainant. In the aforesaid letter the bank had also requested the opposite party No.1 to release the subsidy. Due amount of subsidy was not disbursed to the complainant due to shortage of funds towards subsidy under the component of General Category in Blue Revolution Scheme. However, in the mean time, the matter has been taken up by the opposite party No.1 with the Director of Fisheries, Odisha, Cuttack for necessary provisions of funds to release the proportionate subsidy amount in favour of the complainant. As it is revealed from the reply, an amount of Rs.3,00,000/- has been disbursed to the complainant by the concerned bank. Hence the proportionate amount of subsidy is to be released to the concerned bank.
The opposite parties have received Rs.4,710/- as user fees towards BFDA Blue Revolution Scheme as consideration for providing loan of Rs.7,03,500/- as such complainant can be termed as a consumer as defined U/s.2 (7) of Consumer Protection Act, 2019.
The opposite parties sanctioned a sum of Rs.7,03,500/- in favour of complainant vide letter No.1423 dtd.05.9.2017 but due to shortage of fund only Rs.3,00,000/- loan was sanctioned but no subsidy was paid.
The contention of the complainant is that as per the assurance of opposite parties to sanction the loan and pay subsidy he has renovated the pond spending the amount and he has been subjected in unfair manner.
No doubt opposite parties have sanctioned Rs.7,03,500/- and assured 50% subsidy i.e. Rs.3,51,750/- but sanctioned only Rs.3,00,000/- as loan.
Since the opposite parties have assured to pay subsidy of 50% i.e. Rs.1,50,000/- to complainant, we direct the opposite parties to pay 50% of subsidy amount of loan to complainant provided, complainant has paid the loan to bank otherwise pay the subsidy to bank for repayment of loan. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.