Orissa

Jajapur

CC/85/2014

Gunanidhi Mahunta - Complainant(s)

Versus

Dy.General Manager Grievance Redressal Officer Netwok-1 SBI - Opp.Party(s)

Badri Narayan Panda

14 Dec 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

                                                             Present:  1.Shri Biraja Prasad Kar, President,

                                                                          2.Shri Pitabas Mohanty,Member

                                                                             3. Miss Smita Ray, Lady Member.

Dated the 14th day of December,2015.

C.C.Case No.85 of 2014

Gunanidhi Mahunta, S/O Late Gopinath Mahunta

Vill. Patramara ,Duburi ,  P.S.Sukinda

Dist.Jajpur.                                                                                             ………………………..Complainant .                                                 

           (Versus)

1.Dy General Manager, Grievance Redressal Office, Network No.1

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

    Dist.Khurda.

2. Chief Manager,S.B.I Sukinda, 123,Dist.Jajpur 

                                                                                                                  …………………………Opp.Parties.                                            

For the Complainant:                         Sri B.N.Panda , Advocate

For the Opp.Parties:                         Sri  P.K. Daspattnaik ,Advocate.

                                                                            Date of order  : 14.12. 2015.

SHRI  BIRAJA  PRASAD  KAR, PRESIDENT.

                        Deficiency in  service is the grievance of the complainant.

                        The complainant being the legal heir of his father has filed this dispute alleging deficiency in service on the part of the O.Ps. for the denial of loan waiver scheme-2008.

                        Brief facts of the complainant’s case are that his deceased father obtained an investment loan of Rs.3,99,395/- from the O.Ps. bank to purchase a Tractor. The deceased father of the complainant also paid Rs.1,84,743/- to the O.Ps. towards the installment dues. The father of the complainant died on 08.09.10 . The complainant had no knowledge of the Debt Relief Scheme. The complainant after knowing the Debt Relief & Debt Waiver Scheme requested the O.Ps. by letter to waive the loan as per the Debt Relief and Debt Waiver scheme-2008 but it was not waived. Alleging deficiency in service on the part of the O.ps. the complainant has filed this dispute with the prayer to direct the O.Ps. to waive the outstanding loan of his deceased father amounting to Rs.2,85,527/-.

                        On being noticed the O.Ps. appeared through their advocate and filed their written version. The O.Ps. resisted complaint and submitted that the father of the complainant is an agriculturist by his profession and to carry on his agricultural operation in the year 2009 approached the O.Ps. Bank for financial assistance, for purchasing  Tractor, Trolley etc to carry on his agricultural operation .  On assessing his requirements O.Ps. Bank on 08.06.2009 sanctioned an amount of Rs.49,8000/- in shape of agricultural term loan to and in favour of the complainant’s deceased father name. He has cited present complainant Gunanidhi Mohanta and Umakanta Mohanta as his guarantors.

                        It has been mutually agreed that the term loan would carry interest @12.25% per annum with half yearly rest and the complainant has to repay the loan outstanding on 18^th half yearly installment of Rs.27,667 + interest accrued thereon and the first installments would be due from November 2009. On the above cited term and conditions  the  father of the complainant as well as his two guarantors have  executed different security documents, to and in favour of the O.P’s Bank . Besides , those facts father of the complainant as well as his two guarantors by way of further more security created an equitable mortgage to and in favour of the O.P’s Bank . After due execution of security documents and creation of equitable mortgage, money was advanced to the father of the complainant for purchase of Tractor, Trolley etc to carry on his agricultural operation. Accordingly the father of the complainant had  purchased it and utilized it for his own agricultural operation and made profit out of it. But deliberately did not repay the loan outstanding amount as shown in the statement of A/C . Hence on different occasions  O.P’s Bank served notice / notices and made personal contact to him for repayment of his installments / outstanding loan amount. Unfortunately, neither the borrower nor their guarantors regularize their loan account. More or less, last time on 31.12.2012   installment due was paid  in the loan account.  Since then they have not  repaid any single amount in their loan A/C.

                        The complainant’s father  had availed loan in the year 2009 and the Debt Waiver / Relief Scheme sponsored by the Government of India is of year 2008. Hence the complainant is of no way illegible to avail any benefit under the scheme. Hence on a wrongful assumption the present complainant has filed this complaint  to harass the O.Ps.       

                        On the date of hearing we have heard arguments from learned advocates for both the sides and perused the records.

                        The brief point that falls for consideration in this complaint petition is whether the complainant is entitled to relief under Debt Waiver and Debt Relief Scheme,2008 ?

                        Perused of record and it reveals that complainant’s father obtained investment loan of Rs.4,98,000/- from O.Ps on 08.06.09( The zerox copy of the pass book filed on behalf of the complainant and written version of the O.Ps. shows)

                        As per Agricultural Debt Waiver and Debt Relief Scheme,2008 ,for the eligibility of the debt waiver, loan must have been disbursed up to 31.03.2007 and had to be over due as on 31.12.2007 and must have remain unpaid till 29.02.2008. In the case in hand as the loan was

disbursed on 08.06.09, it can not be held that this loan was disbursed up to 31.03.2007 and in such circumstances ,waiver of debit relief scheme,2008 is not applicable to the complainant’s deceased father’s loan.

                        The complainant is not entitled to Debt Waiver Scheme,2008.

O R D E R

       Consequently ,the complaint petition filed by the complainant stands dismissed against the O.Ps on contest with no order as to costs.

                  This order is pronounced in the open Forum on this the 14th day of December ,2015. under my hand and seal of the Forum.             

                                                                 

(Shri Pitabas Mohanty)                                                                            (Shri Biraja Prasad Kar)

      Member.                                                                                                      President. 

                                                                                                                                    

                                

(Miss Smita Ray)                                                                        Typed to my dictation & Corrected by me.

   Lady Member.

            .                                                                                                                                                         

                                                                                                                 (Shri Biraja Prasad Kar)

                                                                                                                President.