BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of November, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.147/2009

Between

Complainant : John John,

Madathettu House,

Ponnamala P.O,

Mavadi, Nedumkandam – 685 553,

Idukki District.

And

Opposite Parties :

1. The Manager,

Nedumkandam Service Co-operative Bank

Limited No.K-326,

Branch Manjappara,

Nedumkandam – 685 553,

Idukki District.

2. The Secretary,

Nedumkandam Service Co-operative Bank

Limited No.K-326,

Head Office, Nedumkandam P.O,

Nedumkandam – 685 553,

Idukki District.

(Both by Adv: Mary Syriac)

O R D E R

SMT. BINDU SOMAN (MEMBER)
 

The complaint is filed against the deficiency in service of the opposite party, Co-operative Bank. The complainant is a resident of Nedumkandam Panchayath. He availed a loan of Rs.10,000/- from 1^st opposite party on 7.3.2005. The complainant paid interest regularly. He paid interest Rs.850/- on 7.3.2006, paid Rs.789/- on 5.3.2007 and on 28.2.2008 paid Rs.552/-. The complainant remitted only the interest of the loan. On 13.6.2007 the complainant filed an application in front of Agricultural Debt Relief Commission and on 4.8.2008, he filed an application in the District Bank Disputes Redressal Cell. On 27.5.2009 complainant received a demand notice from the opposite party demanding to pay Rs.11,280/- within 7 days. After receiving the notice the complainant approached the opposite party but have no satisfactory reply from them. The complainant is a poor agriculturist have only 50 cent of non-patta land, is not in a position to repay the amount. He expected that his loan is also come under the provisions of the Agricultural Debt Relief Scheme. Bank imposed excessive interest from him and no service have rendered to write off his loan. In this circumstance, the complainant filed a petition before the Forum alleging deficiency in the service of opposite party.
 

2. Opposite party filed a written version. Opposite party admitted that the complainant is having Kissan Credit Card loan of Rs.10,000/- availed on 7.3.2005. His loan number is 58/05. Opposite party stated in the written version that the complainant had renewed his loan periodically. His loan had renewed up to 6.3.2007. Bank had never charged high interest. Only agreed rate of interest was charged on loan. Opposite party stated in the written version that Agricultural Debt Relief Scheme of Central Government was came into force in 2008. According to the provision of the scheme loans which are pending up to 2007 and loans which are taken between 31.3.1997 and 31.3.2007 will come under the provisions of this scheme. Complainant's loan is not a pending one. It was renewed yearly. Bank had made an agreement with the complainant. The agreed rate of interest is 8.5%, but on 1.4.08, the bank reduced rate of interest to 5.5%. That reduced rate is imposed on complainant's loan.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts. P1 to P5(series)marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R14(series) marked on the side of the opposite parties.
 

5. The POINT :- The complainant was examined as PW1 and marked Exts.P1 to P5(series). Opposite party was examined as DW1. While cross examination of the complainant, the opposite party marked Ext.R1 to Ext.R14. Ext.P1 is a demand notice received by the complainant. Ext. P2 is a petition of the complainant filed before opposite party bank. Ext.P3 is its reply. Complainant filed a petition in the Nodal Officer of the bank, Ext.P4(a) and Ext.P4(b) are the postal Acknowledgement Due Card and receipt of that petition. Cash Receipts of complainant in the year 2006, 2007 and 2008 are marked as Ext.P5(series). Ext.R1 is the bond signed by the complainant. Ext.R2 is also a bond signed by the complainant. Ext.R3 is a pro-note signed by the complainant. Ext.R4 is the loan application of the complainant. Ext.R5, Ext.R6 and Ext.R7 are cheque leaves of the complainant. Ext. R8 is the copy of the Crop Detail Register (Vilavu Vivaram Register). Ext.R9 is the copy of the cash receipt for Rs.850/- from the Nedumkandam Service Co-operative Bank Ltd., Manjappara branch. Ext. R10 is the copy of cash receipt for Rs.789/- from the same bank. The copy of the receipt for the loan amount Rs.10,000/- at the time of renewal of the loan dated 10.3.2006 is marked as Ext.R11. Ext.R12 is the copy of receipt of loan amount Rs.10,000/- dated 5.3.2007. Ext. R13 is the copy of transcription of guidelines of the Debt Waiver and Debt Relief Programme of Central Government. The loan repayment ledger of the loan No.58/2005 of Nedumkandam Service Co-operative Bank Limited of the complainant is marked as Ext.R14(series).

PW1's deposition clearly revealed that his loan is not a pending one. Every year he renewed his loan by paying interest. Loan had taken on 7.03.2005 for Rs.10,000/-. The complainant paid interest on 7.3.2006 and 5.3.2007. Up to 5.3.2008, his loan is not a defaulted one. As per provisions of the Debt Relief Commission, loans which defaulted on 31st December,2007 and which are due on 29.02.2008 will come under the provisions of this scheme. The opposite party is a Service Co-operative Bank. A banking institution has their own rules and conditions. So we think

that there is no deficiency in the part of opposite party.

Hence the petition is dismissed. No cost is ordered against the opposite party.

Pronounced in the open Forum on this the 30^th day of November, 2009

Sd/-

SMT. BINDU SOMAN (MEMBER)

Sd/-

I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

I agree SMT. SHEELA JACOB (MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - John John

On the side of Opposite Parties :

DW1 - K.C.Chacko

Exhibits:

On the side of Complainant:

Ext.P1 - Demand Notice dated 27.05.2009 issued by the Ist opposite party

Ext.P2 - Photocopy of Notice dated 17.06.2009 issued by the complainant to the Ist opposite party

Ext.P3 - Reply letter dated 13.07.2009 isued by the Ist opposite party

Ext.P4(a) - AD Card of complainant's letter addressed to the Nodal Officer of the Idukki District Co-operative Bank, Vazhathoppu

Ext.P4(b) - Postal Receipt of complainant's letter addressed to the Nodal Officer of the Idukki District Co-operative Bank, Vazhathoppu

Ext.P5(a) - Receipt dated 1.03.2006 for Rs.850/-

Ext.P5(b) - Receipt dated 5.03.2007 for Rs.789/-

Ext.P5(c) - Receipt dated 28.02.2008 for Rs.552/-

On the side of Opposite Parties :

Ext.R1 - Photocopy of Bond dated 5.03.2005 executed by the complainant

Ext.R2 - Photocopy of Bond dated 7.03.2005 executed by the complainant

Ext.R3 - Photocopy of Pronote signed by the complainant

Ext.R4 - Photocopy of Application for Kissan Credit Card/Overdraft

Ext.R5 - Photocopy of Cheque leaf dated 7.03.2005 for Rs.10,000/-

Ext.R6 - Photocopy of Cheque leaf dated 11.03.2006 for Rs.10,000/-

Ext.R7 - Photocopy of Cheque leaf dated 6.03.2007 for Rs.10,000/-

Ext.R8 - Photocopy of Crop Detail Register(Vilavuvivaram Register)

Ext.R9 - Photocopy of Cash Receipt for Rs.850/-

Ext.R10 - Photocopy of Cash Receipt for Rs.789/-

Ext.R11 - Photocopy of Cash Receipt dated 10.03.2006 for Rs.10,000/- as loan

Ext.R12 - Photocopy of Cash Receipt dated 5.03.2007 for Rs.10,000/- as loan

Ext.R13 - Photocopy of transcription of guidelines of the Debt Waiver and Debt Relief Programme of Central Government(Circular No.NB(Kerala) No.CPD/1566/PL- 14/2008-2009 dated 23.05.2008

Ext.R14(series) - Photocopy of Loan repayment ledger of complainant(2 pages)