By Smt. Saji Mathew, Member:-

The gist of the complaint is as follows:- The Complainant, her mother, 3 sisters and 2 brothers have jointly taken a loan of Rs.1,98,000/- from the Opposite Party bank NT/KBT/140 (ACC 01670068480, 01572068479). The loan was availed by mortgaging 11.09 acres of land jointly owned by the 7 persons of which 4 acre was obtained by them by succession and the rest 8 acres were obtained by gift deed No.449/66. The loan was availed jointly and each of the 7 has signed the loan application and other documents. An amount of Rs. 69,000/- was remitted towards the loan. The rest amount of loan, and the interest is eligible for debt waiver under the scheme of Central Government for debt relief. But the Opposite Party has refused to include the Complainant's loan for debt relief. As a reply to the application, the Grievance Redressal Officer of the Opposite Party stated that the Complainant is not eligible for debt waiver as she is having more than 5 acres of land. The grievances redressal officer informed the Complainant that they are entitled only for one time settlement. This is not correct. As per S. 3.5 of Agricultural Debt Waiver and Debt Relief Scheme 2008, small farmer means a farmer cultivating (as owner of tenant or share croppers) agricultural land of more than 2 hector and up to 2 hectors (5 acres). As per section 3.7 other farmer means a farmer cultivating ( as owner or tenant or share cropper) agricultural land of more than 2 hectors (5 acres). Explanation of S. 3.7 also states that in the case of borrowing by more than one farmer by pooling their landholdings the size of the largest landholding in the pool shall be the basis for the purpose of classification of all farmers, Here, each of the loanee have below 1 hector of land as there share. The Opposite Party has taken decision without making proper investigation and without considering the facts. This is deficiency in service on the part of the Opposite Party. The Complainant therefore prays for an order directing the Opposite Party to waive the loan NT/KBT/140 (ACC 01670068480, 01572068479) as per the scheme and return the documents of the property mortgaged. The Complainant also prays for a compensation of Rs.20,000/- and other cost.

2. The Opposite Party filed version stating that the loan was availed by 7 persons jointly by mortgaging their joint property having an extent of 11.9 acres. As per definition given is clause 3 of the scheme, farmers having land holdings of not more than 2.5 acres either as owner, tenant or share cropper have been classified as 'marginal farmer' those having not more than 5 acres as small farmer and those having more than 5 acres as other farmers. As per clause 3-7 is the explanation of the scheme, it is very clearly stated that the classification of eligible farmers as per the land holding criteria under the scheme would be on the total extent of land cultivated by the farmer at the time of sanction of the loan irrespective of any subsequent charges in ownership or possession. Accordingly the borrowers in this case are classified as other farmers under the scheme. The loan was single loan jointly taken by mortgaging properly having an extent of 11.91 acres of land. It is only in the case of borrowing by more than one farmer by pooling their land holdings the size of the largest land holding in the pool is to be taken as basis for the purpose of classification of all farmers in that pool as 'marginal farmer or small farmer or other farmer'. In the case of joint ownership the classification of eligible farmers under the scheme would be based on the total extend of land owned by the farmer as joint holder. In this case the Complainant and other borrowers cannot be treated as marginal farmers since the total extend of land jointly owned by them exceeds more than 5 acres. So there is no deficiency in service on the part of the Opposite Party. Therefore the Opposite Party prays for an order dismissing the complaint.

3. The Complainant was examined as PW1 and documents were marked as Exts.A1 to A8. The documents produced by the Opposite Party as per the order of the Forum on the application of the Complainant were marked as Exts. X1 to X14. Opposite Party has not adduced any oral evidence.

4. The matters to be decided are:-

1. Whether there is any deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for any relief.

5. Point No.1:- In this case, the documents show that the joint owners of land have taken a single loan mortgaging their joint property, which is 11.91 acres extent. The property is mortgaged as a whole. It is not a case where the different owners have pooled their holdings together and took a single loan. In that case, the size of the largest land holding is to be considered for classification of farmers as marginal farmers, small farmers or other farmer. The Complainant has produced Ext.A8 a deed of partition dated 27.10.2009. That is evidently subsequent to the loan. As per the agricultural debt waiver and debt relief scheme, 2008 the banks are not expected to calculate the individual share in a joint property and classify the farmers accordingly. Therefore no deficiency in service can be attributed on the Opposite Party in this case.

6. Point No.2:- As there is no deficiency in service on the part of the 1^st Opposite Party, Complainant is not entitled to any relief.

Hence the complaint is dismissed.

Pronounced in open Forum on this the day of 31^st May 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Jagathambika Complainant.

Witness for the Opposite Parties:

Nil.

Exhibits for the Complainant:

A1. Copy of the Letter. dt:02.07.2008.

A2. Letter. dt:30.08.2008.

A3. Letter. dt:04.09.2008.

A4. Copy of Agricultural Debt Waiver and Debt Relief Scheme 2008.

A5. Power of Attorney dt:19.01.2010.

A6. Power of Attorney. dt:19.04.2010.

A7. Letter. dt:09.02.2010.

A8. Deed of Partition. dt:28.10.2009.

Exhibits for the Opposite Parties:

X1. Copy of the Deed of Lease Hold Right No. 2014/1957.

X2. Copy of Deed.

X3. Copy of Receipt No.49. dt:15.11.1997.

X4. Copy of Receipt No.50. dt:15.11.1997.

X5. Copy of Possession Certificate. dt:15.11.1997.

X6 series. Copy of Encumbrance Certificate.

X7. Copy of Family Membership Certificate. dt:25.11.1997.

X8. Copy of Certificate of Death. dt:22.05.1995.

X9. Copy of Agricultural Loan Application.

X10. Copy of Agreement.

X11. Copy of Letter. dt:6.12.1997.

X12. Copy of Letter. dt:25.5.2002.

X13. Copy of Letter. dt:12.10.2000.

X14. Copy of Possession Certificate. dt:17.11.97.