Orissa

Jajapur

CC/4/2015

Bimbadhar Biswal - Complainant(s)

Versus

Dy. General Manager Grievances Redressal Officer,Network-1 - Opp.Party(s)

B.N Panda

13 Oct 2015

ORDER

   IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                        Present:  1.Shri Biraja Prasad Kar, President,

                                                                        2.Sri Pitabas Mohanty, Member,

                                                                        3.Miss Smita Ray, Lady Member.

                                       Dated the 13th day of October,2015.

                                       C.C.Case No.04 of 2015

Bimbadhar Biswal  S/O Kushadhwaja Biswal

Vill. Krushnapada, P.O. Adampur

P.S. Kuakhia  ,Dist.Jajpur.                                                                    …… ……....Complainant .                                                                       . 

                                                (Versus)

1.Dy General Manager,Grievances Redressal Officer,Net work.1,

   State Bank of India, Local Head Office,J.N.Marg,Bhubaneswar.

2.UCO Bank, Dharmasala, Dist. Jajpur.                                          …………………..Opp.Parties.                                                                                                         

For the Complainant:                Sri B.N.Panda, D.K.Nath, Advocates.

For the Opp.Party No.1            Sri P.K.Daspattnaik, Advocate. 

For the Opp.Party No.2            Sri H.K.Pradhan, Advocate.                                                                                                                    

MISS  SMITA  RAY , LADY  MEMBER.                               Date of order:   13. 10. 2015.                                                                 

                        The petitioner has filed the present dispute  alleging deficiency in service on the part of the O.Ps.

                        The brief of the fact of the dispute  in short is that as per complaint petition  that the complainant availed a loan from UCO Bank, Dharmasala under Agriculture Scheme vide term loan account no.071060014266 and the sanction of loan amount was  Rs.4,92,580/- which was sanctioned on 08.10.2005  for purchase of a Tractor . The complainant admittedly was a defaulter to repay the installment dues till 2007 so also the complainant is a small farmer having Kissan credit card.

                        That on 05.11.2014 the O.P no.2 issued a demand notice amounting to Rs.5,34,622/- plus unapplied interest from the date of NPA. After receipt of the said notice the complainant contacted the concerned authority to waive out  the loan under the Central Agriculture Debt Waiver and Debt relief scheme,2008 .

                        The complainant also challenged by interim petition that during pendency of this dispute the O.P. no.2 trying to seize the complainant’s property under “SARFAESI” Act. which is not acceptable according to law.

                        Accordingly finding no other way the petitioner filed the present dispute with the prayer for appropriate direction to the O.Ps. for exemption of the total dues / defaulted amount standing against the complainant as per Debt Relief  and Debt waiver  Scheme issued by Central Govt.

                        After notice the O.Ps have appeared through their learned advocate . The O.P.no.1 filed the written version denying the allegations made in the complaint petition taking the main ground that the O.P. no.1 is not the proper party for the alleged grievance of the petitioner, for which the dispute against the O.P no.1 is liable to be dismissed.

                        The O.P.no.2 appeared and filed the written version along with the  objection to the interim petition. In the written version the O.P no.2 has stated

That the complaint is not maintainable.

The dispute is barred by limitation.

As regards the prayer of the petitioner in the  complaint petition which has been demanded is not justified. That the Govt. of India declared AGRICULTURAL DEBT WAIVER AND DEBT RELIEF SCHEME,2008 .In this declaration according to Govt. of India and as per guide line  of clause no.3 it is stated that

“in the case of farmer who has obtained investment credit for allied activities where the principal loan amount does not exceed rs.50,000/- ,he would be classified as ‘ small and marginal farmer” and ,where the principal amount exceeds Rs.50,000/- it would be classified as “ other farmer” irrespective in both cases of the size of the land holding if any.”

In para-3 of the complain petition the complainant admitted that he availed loan from UCO Bank Dharmasala under Agriculture Scheme vide Term loan A/c No.07410600014266 and the sanction loan amount is Rs.4,92,580/- . Further  it is clear that as per provision of Govt. of India the complainant comes under category of “ other farmer” in the clause no.6.1 of Debt Relief of this declaration it indicates that “ in the case of “ other farmers’ , there will be a one time settlement (OTS) scheme under which the farmer will be given a rebate of 25 percent of the ‘ eligible amount’ subject to the condition that the farmer pays the balance of 75 percent of the ‘eligible amount’ provided that in the case of revenue districts listed in Anex-1, other farmers will be given OTS rebate of 25 percent of the ‘eligible amount’ of Rs.20,000/-.which ever is higher, subject to the condition that the farmer prays the balance of the ‘eligible amount’. Taking into consideration of all these facts UCO bank ,Dharmasala Branch Jaraka exempted Rs.1,89,792/- as mentioning “ By DEBT WAIVER’  on dt.30.06.2008.

                        In the clause no.7.3 of implementation of paragraph it says that “ A farmer classified as ‘ other farmer’ eligible for OTS relief shall give an undertaking agreeing to pay his share ( that is eligible amount minus the amount of OTS relief) in not more than three installments and the first two installments shall be for an amount not less than one-third of his share. The last  dates of payment in the case of three installments will be September,30 ,2008 ,March-31,2009 and June-30,2009. “ Again in the clause no.8.1 in the paragraph of interest and other charges it says that “ The lending institution shall not charge any interest on the ‘ eligible amount’ for any period after February-29 ,2008 . however ,the in case of an ‘other farmer’ who defaults in paying his share of the eligible amount on or before June-30,2009 and becomes ineligible for OTS relief, the bank may charge interest for the period after June-2009 . It was seen the complainant did not care to pay the rest amount of the loan to the O.P no.2. So O.P. no.2 requested the complainant to clear the loan amount but he remained silent and lastly  on dt.07.07.2014 this loan account was declared as NPA.

                        As regards the objection on interim petition filed by the complainant, the O.P. no.2 objected  that when the O.P no.2 takes steps under SARFASI Act 2002 and Regd. Notice was already sent to the complainant on 19.09.2014 prior to filing of the present dispute .The C.C.Case is not maintainable and is liable to be dismissed with cost.

                        On the date of hearing we heard the argument of learned advocate of both the parties . After hearing we have perused the record along with documents of both the parties in details.

                        Admittedly the complainant has filed the present dispute against the O.Ps. since the O.Ps. have not exempted the complainant loan dues under Debt Waiver Scheme.

The complainant also alleges that the O.P. no.2 taken step to seize the complainant’s property under SARFASI Act.2002 during pendency of the dispute.

            In this circumstances and pleadings we are verified that the notice given by O.P.no.2 on dt.19.09.2014 under SARFASI Act,2002 which is prior to filing of the present dispute. We have also gone through the judgement of Hon’ble Odisha High Court W.P(C) No.688 of 2011 along with Hon’ble National Commission R.P No.1600/2014 reported in 2015(2) CLT-Bank of India Vrs.Sudershan Kumar Mital.

In the instant case , it is revealed from the record and copy of the notice under SARFASI Act 2002 that the regd. Notice has been dispatched on 19.09.2014 and thereafter the petitioner filed the consumer complaint on 05.02.15.

                        Basing on the pleadings and documents available on record and circumstances of the case and decisions cited above we are of the opinion that when the O.P.no.2 has  initiated  action under SARFAESI Act,2002  the subsequent above C.C.Case filed by the petitioner is not maintainable. The interim application filed by the complainant is also not maintainable .

                        We have also verified the Debt Waiver and Debt Relief Scheme-2008 .It is not disputed that the complainant is coming under “ other farmers” as per the Debt Waiver and Debt Relief Scheme-2008. As per clause-6.1 the complainant is entitled to OTS scheme under which the complainant will be given a rebate of 25 percent  of the eligible amount subject to the condition that the complainant pays the balance 75 percent of the eligible amount . As  per the account statement filed by the bank, the bank   has   deducted   Rs.1,89,792   from   the   loan  of  the complainant on 30.06.2008.mentioning it as Debt Waiver. Hence, in our opinion there is no deficiency in service on the part of bank. The complainant is not entitled to any relief under Debt Relief Scheme-2008 and the C.C.Case is not maintainable.

                                                                    O R D E R

                                    In the net result the dispute is dismissed.  While dismissing the dispute we are in the opinion that the petitioner is at liberty to approach the proper forum / Court  in respect of his grievance if he so likes. No cost.

            This order is pronounced in the open Forum on this the 13th day of October ,2015. under my hand and seal of the Forum.

                                                                                              

 

                                                                                                   (Miss Smita  Ray )                                                          

 (Shri Biraja Prasad Kar )                                                            Lady  Member.                                                                      

            President.                                                  Typed to my dictation & corrected by me

                                                                                   

                                                                                       

 (Shri Pitabas Mohanty)                                                            (Miss Smita  Ray)                                                         

            Member.                                                                           Lady  Member.