D.of.F:15/3/2012
D. of O: 31/5/2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.NO.67/2012
Dated this, the 31st day of May 2012
PRESENT:
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT.BEENA.K.G : MEMBER
Vasantha Rai, S/o Kijanna Rai,
Kolambe House, Kumbadaje Po.Kasaragod, :Complainant
(Adv. Geetha N.V Hosdurg)
1.The Manager, Syndicate Bank,
Badiadka Branch ,PO. Badiadka ,Kasaragod.
(Adv.M. Ramakrishna Bhat,Kasaragod)
2.The Tahasildar (Revenue Recovery),
Taluk Office Kasaragod,PO.Kasaragod. : Opposite parties
3. The Village Officer,
Kumbadaje Village, Kumbadaje Po
(Ops 2&3 AGP,Kasaragod)
ORDER
SRI.K.T.SIDHIQ : PRESIDENT
Complainant is an 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 complainant could not repay the amount. Therefore the bank has initiated recovery proceedings against the property of the complainant. According to the complainant his 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 complainant. Hence the complaint.
2. Ist opposite party in his version has stated that they have given all benefits to the complainant as per law and deduct the amount due to the bank as per the scheme and the recovery proceedings are initiated only for the balance amount and there is no deficiency in service on their part.
3. Both sides heard.
4. In a similar case 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 the circular of NABARD explaining the directions for granting the Debt Waiver Relief to the beneficiaries. Clause 10-3 of the said scheme envisages that the beneficiaries of the said scheme can approach the Grievance Redressal Officer for the redressal of their grievances if they have a contention that their names were not included in the lists or the relief calculated is wrong.
5. In view of the above, we direct the complainant to approach the Grievance Redressal Officer 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.
The complaint is disposed as above.
Sd/ Sd/ Sd/
MEMBER MEMBER PRESIDENT
/Forwarded by Order/
eva SENIOR SUPERINTENDENT