DATE OF FILING :19/03/2020
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI
Dated this the 31st day of January 2022
Present :
SRI.C.SURESHKUMAR PRESIDENT
SMT.ASAMOL P. MEMBER
SRI.AMPADY K.S. MEMBER
CC NO.67/2020
Between
Complainant : Shaiju N.G.,
Nedumpurath House,
Parathodu P.O., Parathodu, Konnathady Village.
(Adv.K.B.Selvam)
And
Opposite Party : 1 . The Manager,
KSFE, Thopramkudy Branch,
Vathikudy Village
2 . The Manager,
KSFE, Regional Office,
Kattappana.
(Both by Adv.N.K.Vinodkumar)
O R D E R
SRI.AMPADY K.S., MEMBER
Allegations of the complainant are as follows.
1 . The complainant is a taxi driver and an agriculture labourer who had obtained a loan from opposite parties that is used for the promotion of agricultural land by pledging the patta of his father in law. The last several years crop failure was common and in the last two years farming was thoroughly a failure because of great flood, on that time government declared moratorium for all loans. But opposite parties send several notices demanding the due amount and now the manager and staffs visited complainants home and threatened that soon the patta holder will be vacated from the home and for that opposite party is making hasty steps for this. Complainant's financial background is very poor and his day today life is in a question mark because all income sources is pending or obstructed, his pick up van involved in an accident, he is the head of a shattered financial status family.
(Cont.....2)
-2-
2 . Opposite parties are warned that the name of the complainant will be send to CIBIL and revenue recovery, if it is happened then it will make so many crisis to him, but he was willing to start to repay the due amount, and as he approached, opposite party was not ready to accept the part payments and not ready to issue balance statement of arrears.
3 . Complainant requested some more time to clear dues and it was orally recognized but on 28/02/2020 opposite party directly came to the home of the complainant and declared that if entire amount is not paid, immediately they will take steps to recover within no further time. Complainant is suffering very much mental agony due to the acts of the opposite parties. Complainant has no other way other than to approach this Hon'ble Court, her life is hang in balance.
4 . Complainant pulled to irreparable mental agonies, and it is a grave deficiency of service and it to be compensated and it is happened at Vathikudy kara is in the jurisdiction of this Hon'ble court and can be traible by this Commission.
Hence he prayed for the following reliefs.
1 . May be directed to the opposite parties to give some more time to disburse the dues.
2 . May be directed to reduce the rate of interest on the time of flood, penal interest and notice charges may be excluded, may be granted rupees 10,000/- as cost of this petition and rupees 50,000/- as compensation to the complainant for his sufferings.
3 . Any other relief that is fit to the ends of justice in the course of this complaint may be allowed.
(Cont.....3 )
-3-
Opposite parties filed written version and petition challenging the maintainability of complaint. Contentions in the petition are that this Commission has no jurisdiction to restrain the opposite parties from taking any legal action under Revenue Recovery Act. Complainant is a defaulter of chitty loan. Legal steps taken by a lender to recapture the dues from a loanee cannot be considered as a deficiency in service. Legal steps were taken by opposite parties. It was done after direct consultation with complainant. Property was pledged as security. It is the right of opposite parties to recover the defaulted amount from the security property. Only superior courts with its constitutional power can restrict the liberty of a person to act according to Revenue Recovery Act. If any restriction is imposed, it will make great loss to opposite parties and will be a denial of justice.
Complainant produced only one document ie, notice dated 02/03/2020 issued by Regional Manager, KSFE, Kattappana intimating the complainant that one more opportunity was given for settling the arrears within 7 days. It was also stated therein that if the arrears were not paid as requested, he will be compelled to grant permission to collect the amount through revenue recovery from complainant, surety and pledged property. Responsibility for any consequences arising therefrom would be upon the complainant and surety.
Since the opposite parties have raised objection regarding maintainability of the complaint, petition was heard. Counsels for both sides re-iterated the contentions stated in complaint, stay petition and objection respectively.
We have examined the contentions of both sides and the document produced by complainant.
Complainant's main contentions are that crop failure happened due to flood and government declared moratorium but opposite parties sent several notices demanding the due amount and opposite parties were taking hasty steps to recover the amount.
As per version of opposite parties, complainant had received prize money of Rs.1 Lakh and availed chitty loan of Rs.5 Lakhs. Property was mortgaged also. Since revenue recovery is legal, it cannot be restrained.
(Cont.....4)
-4-
On going through the complaint and document produced, it is seen that opposite parties have taken only legal steps for recovery of dues. No government orders regarding moratorium conditions were produced by complainant. Besides, conditions of loan agreement were also not produced. Complainant has not made out a specific case of deficiency in service. He has not made out proper cause of action also for filing the complaint. Deficiency in service cannot be alleged against steps taken as per law. In these circumstances, we are of the considered opinion that complaint is not maintainable before this commission.
In the result, complaint is dismissed however, without any order as to costs.
Pronounced by this Commission on this the 31st day of January, 2022.
Sd/-
SRI.AMPADY K.S., MEMBER
Sd/-
SRI.C.SURESHKUMAR, PRESIDENT
Sd/-
SMT.ASAMOL P., MEMBER
APPENDIX
Nil
Forwarded by Order
SENIOR SUPERINTENDENT
