Act for an order directing the opposite party to refund `1,25,000 and an amount of `10,000 as compensation.

          The brief facts of the complainant’s case are as follows :  Complainant availed an agricultural loan of `60,000 from 1<sup>st</sup> opposite party/Bank.  Thereafter he has suffered much loss out of disease caused to his areccanut tree and also due to wild fire.  He had applied for debt relief of Central Government when enquiry was made Bank authority replied that they have not received any order upon his application. Moreover, they filed case before the Munsiff court to recover the loan dues and obtained a favourable order.  As a result complainant paid `1,25,000 on 25.06.2010.  Meanwhile he could find the letter from the shop where he used to collect his postal letters informing him that his debts were written off from 31.12.2007.  When it was shown to Bank they told him that one instalment deserved for him had already been given.   They did made entry of his payment in the passbook. His demand to refund, the amount paid on 25.06.2010, on the reason of written off the debt upto 31.12.2007, were denied by opposite party saying that one instalment deserved for her had already been written off.  But they have not made entry of her last payment in the pass book.   Opposite party denied her demand to refund the amount paid by her after 31.12.2007 since the dues upto 31.12.2007 had written off by the debt relief scheme of Central Government. Hence this complaint.

Pursuant to the notice opposite party entered appearance and filed version denying the main allegation of the complainant.  The contentions of the opposite party is as follow.  Complainant availed a loan for an amount of `60,000 on 10.08.1993.  The averment in the complaint as to preferring of application for debt relief is not true.  Clause 4-3 of the scheme specified that nothing contained in the scheme shall apply to any loan disbursed by a lending institution prior to 31.03.1997.  The complainant was granted the last instalment of `13,000 in June 1997 and all other earlier instalments disbursed were prior to 31.03.1997.  Only an amount of `13,000 as disbursement is covered by the scheme.  With interest an amount of `26,000 was granted as relief on 14.07.2008.  Complainant voluntarily applied for one time settlement.  He paid `1,25,000 on 29.06.2010 and he was given interest concession. The ledger in respect of the loan account will show the remittance made by the complainant.  Complainant is not entitled for the relief sought for.  Hence to dismiss the complaint.

On the above pleadings the following issues have been taken for consideration.

1.     Whether there is any deficiency on the part of complainant?

2.     Whether the complainant is entitled for any relief as prayed in the complaint?

3.     Relief and cost.

The evidence in the above case consists of oral testimony of PW1 and DW1 and Ext.A1 to A5 and Ext.B1 to B7.

Issues No.1 to 3 :

          Admittedly complainant availed Farm Loan of `60,000 for opposite party bank on 10.08.1993. Complainant’s case is that he could not repay the debt because of crop failure.  Opposite party obtained order from Munsiff  Court to recover the loan due and the complainant paid `1,25,000 on 25.06.2010.  Meanwhile he could collect the letter informing him that his debts were written off under debt relief scheme from 31.12.2009.  But opposite party told him that he was deserving only one instalment which had already been adjusted to his account.  His demand to return the amount paid on 25.06.2010 on reason of writen off the debt upto 31.12.2007, were denied by opposite party.  Opposite party on the other hand contended that clause 4-3 of the scheme specified that nothing contained in the scheme shall apply to any loan disbursed by a lending substitution prior to 31.03.1997.  The complainant was granted the last instalment of `13,000 as disbursement is covered by the scheme.  Complainant was granted `26,000 including interest as relief on 14.07.2008.  Loan account would show all the remittance.  All other earlier installments disbursed were prior to 31.03.1997.

          Ext.A1 letter from the Secretary to Kerala State Agricultural Debt Relief Commission goes to show that as per Central Debt Relief Scheme, the entire amount of due amount upto 31.12.2007 from the debt of complainant were being written off.  On the basis of this there is no need to allow relief again.  Ext.A2 receipt confirms the payment of `1, 25,000 on 25.06.2006. Ext.A3 is the pass book.

          Opposite party has produced implementation circular 1/2008 of Agricultural Debt waiver and Debt Relief Scheme, 2008 issued dated 28.05.2008 by Ministry of Finance Department of Financial Service, New Delhi : Para 2(1) of the circular provides that only those direct agricultural loans which fulfill the following three conditions will be eligible for debt waiver/debt relief under the scheme. 

ie  (a) disbursed between March 31, 1997 and March 31,2007

     (b) over due on December 31, 2007 and

     (c) remaining unpaid until February 29, 2008.

          Ext.B2 Annexure-1, Guide lines of implementation of the scheme 4-3 provides this :  Nothing contained in this scheme shall apply to any loan disbursed by a lending institution prior to March, 1997.”  It can be seen except the last instalment all other instalments were disbursed prior to 31.03.1997.  Opposite party contended that altogether complainant was given `26,000 ie the amount of last instalment of the complainant on June 1997  `13,000/- together with interest concession.  The remittance was made by the complainant on 29.06.10. Ext.B6 reveals the details regarding the dues thus

          1.  The amount disbursed

               Between March 31,1997              :                  `13,000

               And March 31, 2007

2.     Over due on December 31,

2007 and remaining                              :                  `26,000

Unpaid until February 29, 2008                     Dated 14.07.2008

          Opposite party contended that complainant was granted `13,000, the last instalment in June 1997 and all other earlier instalments disbursed were prior to 31.03.1999.  This was not denied by the complainant.  If the scheme excluded the loan disbursed prior to 31.03.1997, the amount for which complainant entitled is the amount disbursed between 31.03.1997 and 31.03.2007 which `13,000 as shown in Ext.B6.  2008 scheme reveals that only instalments of such loans that were disbursed upto March 31, 2007 and overdue on Decemeber 31, 2007 and remains unpaid until February 29, 2008 will be eligible for debt waiver/ debt relief.

          Affidavit evidence of complainant states that “31.12.2007 hsc-bp-ff IpSn-ÈnI ]qÀ®-ambpw Xf-fn-b-Xn Rm³ AS¨ tem¬ XpIbpw DÄs¸-Sp-¶p-­v.  Bb-Xn-\m 25.06.2010-þ Rm³ AS¨ XpI F\n¡p Xncn¨p \ÂI-W-sa¶ Fsâ Bh-iyw _m¦v \nc-kn-¨p.”  Complainant has not denied the contention of opposite party that complainant was granted `13,000 which was the last instalment on June, 1997.  Opposite party has taken specific contention that only an amount of `13,000 as disbursement is covered by the scheme. It was also not denied by the complainant.  Complainant cannot establish that he is entitled as per the application of scheme for the amount that he had paid prior to March, 1997.  There is no substance in the allegation of the complainant. Hence the issues No.1 to 3 are found against complainant.

          In the result, the complaint stands dismissed.

          Dated this the 28^th day of July, 2012.

                 Sd/-                    Sd/-                    Sd/-

President              Member               Member

APPENDIX

Exhibits for the Complainant

A1.  Letter issued by Secretary, Kerala State Farmer’s Debt Release

       Commission dated 30.07.09.

A2.  Receipt issued by bank dated 25.06.10.

A3.  Pass book.

A4.  Copy of letter issued to Agriculture Minister.

A5.  Proclamation of sale of immovable property in EP 82/09 of

       Payyannur Munsiff.

Exhibits for the opposite party

B1.  Circular issued by Finance Department.

B2.  Circular by NMGB.

B3. Ledger extract.

B4. Settlement proposal dated 23.06.2010.

B5. Settlement report by head office.

B6. Certificate of relief.

B7. Letter by complainant.

Witness examined for the complainant

PW1.  Complainant.

Witness examined for opposite party

DW1.  Vijayan V.

                                                                          /forwarded by order/

                                                                     SENIOR SUPERINTENDENT