D.of.F:2/2/2012
D. of O: 22/5/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.332/2011
Dated this, the 22nd day of May 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
1.Abdul Rahiman, S/o Poker Beary, :
2. Monu, S/o Poker Beary
Both are r/at Kodijal House,
PO. Kadambar,Manjeshwar,Kasaragod. Dt. : Complainants
(Adv.N.V.Geetha,Hosdurg)
1.The Manager,North Malabar Gramin Bank,
Hosangadi Branch, Po Hosangadi,Kasaragod
(Adv.M.Narayana Bhat,Kasaragod)
2. The Grievance Redressal Officer, North Malabar Gramin Bank,
Hosangadi Branch, Po Hosangadi ,Kasaragod
(Adv. Sathya Shankar Kasaragod)
3.The Tahasildar (RR),
Taluk Office ,Kasaragod. : Opposite parties
4.The Village Officer, Kadambar Village Office
Po.Kadambar,Kasaragod
(Ops 3 to 4 Govt. Pleader,Kasaragod)
5.The Assistant Manager, Reserve Bank of India,
Rural Planning & Credit Department,
Bekary Junction, P.B.No.6507, Thiruvananthapuram. :
6. The General Manager(Convener)
Canara Bank, State Level Bankers Committees Cell
Circle Office, Canara Bank Bldg PB No.159
M.G. Road, Trivandrum
(Adv.K.Sadanatha Kamath,Kasaragod)
ORDER
SRI.K.T.SIDHIQ: PRESIDENT
Complainants are 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 complainants could not repay the amount. Therefore the bank has initiated recovery proceedings against the property of the complainants. According to the complainants their 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 complainants. Hence the complaint.
2. According to opposite parties 1 &2 the loan availed by the complainant is not eligible for waiver under the Agricultural Debt Waiver Scheme and therefore no benefits can be granted to the complainant under the said 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
