D.of.F:29/3/2012
D. of O: 3/7/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.88/2012
Dated this, the 3rd day of July 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Sujatha.K.V W/o Sajeevan,
Perichazhiyadukkam, Panathur Po.Panathur, Kasaragod, :Complainant
(Adv. E.Sukumaran, Hosdurg)
1.The Manager, North Malabar Gramin Bank,
Panathur Branch Po. Panathur ,Hosdurg,Kasaragod.
(Adv.P.V.Harish,Hosdurg)
2.The Tahasildar (RR),
Taluk Office Hosdurg, PO.Kanhangad. : Opposite parties
3.The Village Officer, Panathur Village Office
Po. Panathur ,Kasaragod
4. The General Manager(Convener)
Canara Bank, State Level Bankers Committees Cell
Circle Office, Canara Bank Bldg PB No.159
M.G. Road, Trivandrum
(Adv.Sadanada Kamatha,Kasaragod)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Complainant in brief is as follows:
Complainant availed ` 25000/- as loan from Ist opposite party for running a diary unit. With the amount complainant purchased two milch cow. Later one of the cow died. It was told by the Ist opposite party that since the cows are insured he will make necessary arrangements to get the compensation from the insurer. But there after nothing was done by them. The loan availed by the complainant was eligible for waiver under the Agriculture Debt Waiver and Debt Relief Scheme 2008. But Ist opposite party has not waived the loan and initiated recovery proceedings.
2. According to opposite party the complainant was very irregular in repaying the amount she has paid ` 8281/- only till 9/10/2009. The death of cow is never informed them and the manager never gone to the house of complainant with veterinary surgeon. The death of the cow is only a myth. Moreover the complainant was entitled for a waiver to the tune of ` 8727/-. This amount has been credited in the account of complainant on 15/7/2008. Now as on 31/3/2012 there is a due of `19419/- with 12.5% interest per annum. Though several reminders were sent to complainant, she did not repay the amount. Hence the complaint is liable to be dismissed.
3. Heard both sides.
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
