D.o.F.7/12/11
D.o.O:9/5/12
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.335/2011
Dated this, the 09thth day of May 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.RAMADEVI.P : MEMBER
SMT.BEENA.K.G : MEMBER
Sarojini,W/o Kunhiraman,
Pollayi House, Cheruvathur .PO : Complainant
Hosdurg,Kasaragod. Dt.
(Adv.E.Sukumaran,Hosdurg)
1.The Manager,
Hosdurg Primary Co-operative Agricultural & Rural
Development Bank Ltd, Cheruvathur Branch,
Po Cheruvathur, Hosdurg,Kasaragod.Dt.
2.The Senior Inspector/Special Sale Officer
Hosdurg Primary Co-operative Agricultural & Rural
Development Bank Ltd, Kanhangad Po ,Kasaragod. : Opposite parties .
(Ops 1 &2 Adv.Vipin .T.Jose,Hosdurg)
3.The Assistant Manager, Reserve Bank of India,
Rural Planning & Credit Department,
Bekary Junction, P.B.No.6507, Thiruvananthapuram. :
(Exparte)
4.The General Manager(Convener)
Canara Bank, State Level Bankers Committees Cell
Circle Office, Canara Bank Bldg PB No.159
M.G. Road, Trivandrum (Exparte)
ORDER
SRI.K.T.SIDHIQ: PRESIDENT
Complainant is an agriculturist who availed agricultural loan from the Ist opposite party Bank. But successive natural calamities and fall in price of agrarian products resulted in crop loss and complainant could not repay the amount. Therefore the bank has initiated recovery proceedings against the property of the complainant. According to the complainant her loan ought to have been waived as per the Agriculture Debt Waiver Relief Scheme formulated by the Central Govt. in 2008. But opposite party did not give the benefits of the said scheme to the complainant. Hence the complaint.
2. Opposite parties 1 & 2 the main contesting opposite parties in their version has stated that they have given all benefits to the complainant as per law and deducted the amount due to the bank as per the scheme and the recovery proceedings are initiated only for the balance amount and there is no deficiency in service on their part. It is also contended that some of the loans in dispute are not agricultural loans and they are not eligible to be considered under the Debt Waiver Scheme.
3. Both sides heard.
4. The Hon’ble High Court of Kerala in WPC Nos. 12552, 12554,12569,and 12570/2011 has directed the beneficiaries of the said Agriculture Debt Waiver and Debt Relief Scheme 2008 to approach the grievance redressal officer for ventilating their grievance in terms of clause 10-3 of the scheme formulated by NABARD to settle the disputes like the rate of interest, eligibility of the beneficiary for the benefits of the said scheme etc.
5. In view of the judgment of the Hon’ble High Court of Kerala cited above we direct the complainant to approach the Grievance Redressal Officer, appointed for the said purpose within one month from the date of receipt of copy of order. The Grievance Redressal Officer shall consider representation and dispose the same expeditiously. Till the disposal of the said representation all further proceedings for recovery of the amounts involved in agricultural loans availed by the complainant shall be kept in abeyance. It is made clear that if no representation is filed by the complainant as stipulated within the time mentioned above, then the opposite parties shall be free to continue recovery proceedings initiated by them. It is further made clear that the opposite parties are at liberty to proceed with the recovery proceedings against the loan dues other than agricultural loans without awaiting the orders of Grievance Redressal Officer.
The complaint is disposed as above.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
eva /Forwarded by Order/
SENIOR SUPERINTENDENT
