FIRST ADDITIONAL BENCH

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,  PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                   First Appeal No.1146 OF 2012

                                                          Date of Institution: 31.08.2012  

                                                          Date of Decision:   07.04.2015

The Gurdaspur Primary Co-op Agriculture Development Bank Ltd. (New name in Punjab) (The Gurdaspur Primary Sahkari Khetibari Vikas Bank Ltd) Gurdaspur, through its Manager

                                                                                                                                                                   …..Appellant/Opposite party

                                      Versus

Kewal Krishan son of Karam Chand, resident of Village Bhagwanpur, Tehsil and District Gurdaspur.

                                                          …..Respondent /Complainant

First Appeal against order dated 21.05.2012 passed by the District Consumer Disputes Redressal Forum, Gurdaspur.

Quorum:-

          Shri J. S. Klar, Presiding Judicial Member.

          Shri Vinod Kumar Gupta, Member

Present:-

          For the appellant                       :         Sh.A.S Manaise, Advocate

          For the respondent                    :         Sh.Vipin Mahajan, Advocate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

J.S KLAR, PRESIDING JUDICIAL MEMBER :-

          The appellant (the opposite party in the complaint) has directed this appeal against the respondent of this appeal (the complainant in the complaint), challenging the order dated 21.05.2012 of District Consumer Disputes Redressal Forum Gurdaspur, accepting the complaint of the complainant. The instant appeal has been preferred against the same by the OP now appellant.

2.      The complainant Kewal Krishan has filed the complaint U/s 12 of the Consumer Protection Act, 1986 (in short, "the Act") against the OP on the allegations that he has been holder of the 37 kanals 15 marlas of the land to the extent of 1/3rd share out of 113 kanals 15 marlas in village Bhagwanlpur, H.B No.672, Tehsil & District Gurdaspur. The complainant took agricultural loan of Rs.50,000/- from OP in the year 2002 by mortgaging his land measuring 8 kanals and mutation was also sanctioned to this effect, vide mutation no.217 dated 4.02.2001. The complainant deposited sum of the installments, out of the loan amount, to the OPs. The government exempted all agricultural loans of small land owners of land in the year 2007-2009. The complainant is, thus, not liable to pay any amount to the OPs under the above debt waiver scheme. The complainant was surprised, when auction notice without any date was received by him regarding the advance loan of Rs.50,000/- , amount exempted Rs.29,891/- and balance Rs.54150/-. The auction notice is undated without any signatures and without any memo number and has been issued in spite of, enforcement of the exemption of agricultural loans of the Punjab Government and is also time barred. The complainant has prayed that above-referred demand of Rs.54150./- be set aside along with interest, if any as claimed by the OP from the complainant. The complainant has further prayed that compensation of Rs.10,000/- for mental harassment and Rs.5000/- as costs of litigation be also awarded.

3.      Upon notice, the OP appeared and filed the written reply raising preliminary objections that complaint is not maintainable in the present form and is bad for want of notice under Section 79 of Cooperative Societies Act. The jurisdiction of District Forum is excluded. The complaint was also resisted even on merits by the OPs contending that complainant repaid Rs.4000/- of principal amount, Rs.6000/- as interest on 27.06.2003, Rs.5000/- on 30.06.2004 as interest, as interest of Rs.5000/- on 22.12.2005. The complainant took loan of Rs.50,000/- on 20.05.2002 for underground channel. The complainant is still liable to pay Rs.31,654/- as principal amount and Rs.14,482/- as interest calculated up to 31.03.2011 and hence OP prayed for dismissal of the present complaint.

4.      The complainant tendered in evidence the affidavit of complainant Kewal Krishan Ex.C-1, Union Budget 2008-09 Announcement of Waiver and OTS Scheme for Farmers Ex.C-2, copy of Jamabandi for the year 2000-01 Ex.C-3, copy of Jamabandi Ex.C-4, copy of document Ex.C-5, copy of voucher no.74 dated 17.08.02 Ex.C-6, copy of voucher no.13 dated 27.06.2003 Ex.C-7, copy of voucher no.83 dated 30.06.2004 Ex.C-8, copy of voucher no.8 dated 22.12.2005 Ex.C-9, copy of auction notice Ex.C-10. As against it, OP tendered in evidence affidavit of Sh. Samir Gupta, P.A.D.B Gurdaspur Ex.R-1 and copy of ledger Ex.R-2. On conclusion of evidence and arguments, the District Forum, Gurdaspur,  accepted  the complaint of the complainant directing the OPs that the entire amount along with interest would be waived off as per loan agreement before 31.03.2007 and interest up to 31.03.2007 is also to be waived off. Dissatisfied with the order dated 21.05.2012 of District Forum, Gurdaspur, the OP now appellant has preferred this appeal against the same.

5.      We have heard learned counsel for the parties and have also examined the record of the case. The factual matrix in controversy in this case is not much in dispute. The affidavit of Kewal Krishan complainant is on the record to the effect that the demand raised from him of Rs.54,150/- by virtue of auction notice by the OP is illegal and unauthorized. This amount cannot be  raised in the presence of the debt waiver scheme for small scale holders by the government. The complainant also placed on record circular No.HOPSC/91/2007-08/523 dated 05.03.2008, vide Ex.C-2 on the record, Ex.C-3 and Ex.C-4 are copies of jamabandi, Ex.C-5 is report of circle patwari to the extent that complainant is owner of 37 kanal15 marlas of the land. Ex.C-6 is receipt of Rs.1000/-, Ex.C-7 is receipt of Rs.10,000/-, Ex.C-8 is receipt of Rs.5000/-, Ex.C-9 is receipt of 5000/-, Ex.C-10 is copy of auction notice. The OP relied upon affidavit of Samir Gupta Manager P.A.D.B Gurdaspur Ex.R-1 is on the record. He stated in his affidavit that exemption was not for all agricultural loans, but the same for the defaulter amount only by the government. He further stated that complainant was covered under the under the said scheme of loan waiving on the default amount on 31.12.2007 and hence the amount of Rs.29,891/- was exempted by the Central Government. Rs.14,346/- as principal amount and Rs.15,545/- as interest thereon. He further stated that complainant is still liable to pay the loan amount to the OP and due to this reason No Due Certificate was not issued to him. The OP also relied upon ledger Ex.R-2 is on the record.

6.      We find that this fact is undisputed in this case between the parties that complainant took loan of Rs.50,000/- from the OP by mortgaging his loan. The complainant had been making the payment of loan amount to the OPs and this fact is evident from the receipts Ex.C-6 to Ex.C-9 on the record. They proved that sum of the amount, which was deposited by the complainant in the year 2002-2003 and 2005. It is, thus, evident that complainant incurred the loan from the OPs either in the year 2002 or prior thereto. The auction notice Ex.C-10 was issued by the OPs without any date thereupon. It cannot be ascertained on which date it was issued by the OPs, so whatever case may be, we have to examine the scheme Ex.R-2 on the record. The debt waiver clause indicates that small landholders above 1 hectare up to 2 hectare and marginal farmers up to one hectare are eligible under the above scheme. All loans disbursed up to March 31, 2007 and overdue as on December 31, 2007, but remained unpaid until February 29, 2008 shall be eligible.  Complete waiver of eligible loans shall be permissible i.e full outstanding as on 29.02.2008. Beneficiaries shall be eligible for fresh loans. This clause indicates that there is complete waiver of eligible for full outstanding as on 29.02.2008 and beneficiaries shall be eligible for fresh loans. Even debt relief clause Ex.C-2 further lays down that for farmers other than small farmer/marginal farmer holding more than 2 hectare are eligible. All loans disbursed up to March 31, 2007 and overdue as on December 31, 2007 but remained unpaid until February 29, 2008 shall be eligible. Rebate of 25% against payment of balance 75%. It is not disputed that complainant is small land holder on the record between the parties. The debt waiver clause is applicable in this case and there is provisions of the complete waiver of eligible loss i.e. full outstanding loan amount as on 29.02.2008 and beneficiaries shall be eligible for fresh loans. This debt waiver scheme is issued by the Central Government and all financial institutions are bound by it. It is, thus, evident by this circular that installments of loan along with interest, which were due  up to 31.03.2007 and remained unpaid up to 29.02.2008 have been waived off. The District Forum, thus, correctly passed the order that loan cases of the complainant is before 31.03.2007and entire loan amount along  with interest has to be waived off under the above scheme. We find no infirmity in the order of the District Forum, Gurdaspur under challenge in this case calling for any interference therein.

7.      As a result of our above discussion, there is no merit in the appeal and same is hereby dismissed.

8.       Arguments in this appeal were heard on 31.03.2015 and the order was reserved. Now the order be communicated to the parties.

9.      The appeal could not be decided within the statutory period due to heavy pendency of court cases.

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

                                                                   (VINOD KUMAR GUPTA)

                                                                          MEMBER

April 7  2015.                                                                 

(ravi)