D.o.F:10/12/10

D.o.O:22/5/12

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                             CC.No.264/2010

                        Dated this, the 22nd day of May  2012

PRESENT

SRI.K.T.SIDHIQ                                 : PRESIDENT

SMT.RAMADEVI.P                       : MEMBER   

SMT.BEENA.K.G                             : MEMBER

Jaisamma Louis,W/oLouis Chirayilparambil      :

Vallikochi,Konnakkad PO

Parappa, Kasaragod. Dt.                                          : Complainant

(in person)

The  Manager,

 North Malabar Gramin Bank                          : Opposite party

 Vallikadavu Po, Parappa, Kasaragod

(Adv.Kodoth Narayanan,Kasaragod)

                                                              ORDER

SRI.K.T.SIDHIQ: PRESIDENT

              The  case of the complainant is that she availed agricultural loan under Krishi Card scheme from  opposite party bank and the opposite party informed that her loan is  ought to have been waived as per the Agricultural Debt Waiver Relief Scheme  formulated by the Central Govt. in 2008.  But the  opposite party did not give the benefits of the said scheme to the complainant.  Hence the complaint.

 2.    According to the opposite party the  loan account of the complainant  was irregular  and it will not  come into the  purview of  Agricultural Debt Waiver &Relief Scheme 2008.  The relief under the above scheme is eligible for the farmers whose account was over due as on 31/12/2007 but the complainants account was regular as on 31/12/2007 only and  this fact was  convinced to her.  There after she failed to repay the loan amount and there is no deficiency in service  on their part.

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 party shall be free to continue recovery proceedings initiated by them. It is further made  clear that the opposite party is 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.

MEMBER                                            MEMBER                                     PRESIDENT

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