For the O.P No.1 :- In person.
For the O.P. No.2 & 3:- Sri S.K.Mund, Advocate, Bhawanipatna.
For the O.P. N0.4:- In person.
.
ORDER.
The present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.Ps for non payment of subsidy amount. The brief facts of the case is summarized here under.
1. The complainant had availed Agriculture allied term loan i.e. Goat Farming and poultry a sum of Rs.10,20,000/- as per the scheme of the Govt. and the complainant is entitled for subsidy of Rs.3,40,162.00 to be released by the O.P. No.1. The complainant was advanced with the loan amount from the O.P. No.2 on Dt. 12.6.2009 vide loan account No. 12231040736. from time to time for the well being of the goats and poultry the complainant had constructed proper shed and other required constructions with water, electric and other facilities for safe and health care of the goats and pultry as per the norms prescribed under the scheme and accordingly purchased 124 Nos. of goats. The O.P.No.4 had inspected the gottary and poultry farm and submitted his inspection report with his verification notes vide letter No. 4348(3) Dt. 24.12.2009 to the O.P. members regarding the satisfactory completion of the scheme. As a principle the complainant is entitled to the subsidy amount of Rs.3,40,162. The complainant had already paid entire loan amount with interest to the O.P. No.2(bank). The O.P. No.4 has categorically recommended the name of the complainant vide letter No. 3661 DT. 27.10.2008 addressing to the O.P. No.1 where in it is laid down that after completion of project in all respect the beneficiary will get 25% capital investment subsidy which will be released by the O.P. No.1. Although after completion of the project the loan amount has been repaid but till date no subsidy amount of Rs. 3,40,162/- has been released in favour of the complainant by the O.P. No.1. The complainant prays the forum direct the O.P. No.1 to release subsidy amount a sum of Rs.3,41,162/- in favour of the complainant and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.
2. On being noticed the O.P. No.1 filed written version and submitted that on completion of the evaluation by the appropriate authority, the KSK O.P. No.4 will place the proposal (having project cost up to Rs. 25.00 lakhs for sanction of subsidy before the District level committee (DLC). The O.P. No.4 will send the claim of Capital Investment subsidy CIS with respect to the commercial l Agriculture enterprise along with the proceedings of the DLC meeting in which the sanction has been accorded to O.P. No.1 . The entrepreneur is required to execute an agreement with KSK . The O.P. No.1 in turn on receipt of the claim will scrutinize all the documents and disburse the eligible amount of subsidy through the financing agency where as to the entrepreneur directly through cheque in case of self financed cases. The DAO will send the claim of Capital Investment subsidy with respect to the commercial Agri Enterprise along with the proceedings of the DLC meeting in which the sanction has been accorded to APICOL. The entrepreneur is required to execute an agreement with KSK. The O.P. No.1 in turn on receipt of the claim will scrutinize all the documents and disburse the eligible amount of subsidy through the financing agency in bank financed cases where as to the entrepreneur directly through cheque in case of self financed cases. The Capital Investment subsidy will be disbursed after the unit is completed; trial production is made in case of manufacturing unit and completion of project in all other cases. The O.P. NO.1 submitted that the subsidy proposal of the complainant has not been received from the O.P. No.4 till date. Unless the proposal is received by the O.P. No.1 from the O.P. No.4 the subsidy amount can not be released in favour of the complainant. The O.P. No.1 prays the forum to dismiss the complaint petition against the O.P. No.1 for the best interest of justice.
3. The O.P. No. 2 & 3 appeared through their learned counsel and filed written version. The O.P. No. 2 & 3 submitted that the complainant executed necessary loan documents with the O.P. No.2 as per the terms and conditions of the bank and so far the subsidy is concerned it is the duty of the Agriculture Department to look after the matter and the O.P. No.2 & 3 is no way concerned hence denied. The complainant has settled/closed his dues/ loan account through compromise. As such the said case against the O.P. 2 & 3 is to be dropped.
4. The O.P. No.4 filed written version and submitted that the complainant had applied to establish a Goatary and poultry unit at Santpur. The S.D.V.O., Bhawanipatna had prepared the project report in favour of the complainant for estimating one Goatary farm ( 150 does + 5 C.B. buck) and one poultry farm (4000 Broiler) having project cost of Rs.13.70 lakhs and submitted to this office vide his letter No. 1519 Dt.19.11.2008. The O.P. No.4 had allowed the project to execute @ 25% subsidy on capital investment excluding cost of land and send to the Branch Manager, UGB, Santpur for sanction of loan vide this office Lr. No. 4223 Dt. 2.12.2008. The complainant has not submitted the project completion project report as well as subsidy claim application to this office till date. The O.P. No.4 further submitted this office had informed the O.P. No.2 and S.D.V.O., Bhawanipatna and Assistant Agriculture Engineer, Kalahandi to submit the inspection/verification report of the said project vide this office Lr. No. 4348 Dt.24.12.2009. But no report has been received by this office till date. The Krushi Sahayak Kendra functioning at District Agriculture officer level has been shifted to the direct control of the Deputy Director of Agriculture from 1.4.2014 with a a new guide lines. The Director of Agriculture and Food production, Odisha, Bhubaneswar directed the District Agriculture offiers to submit the subsidy proposals of all complete and DLC approved CAE projects (go-ahead issued issued up to Dt. 4.3.2014 to the O.P. No.1 by Dt. 15.2.2015 for release of subsidy amount. Hence the O.P. No.4 is unable now to consider the case of the complainant for release of subsidy amount. The O.P. No.4 prays the forum to drop the proceeding against the O.P. No.4 for the best interest of justice.
The O.Ps appeared and filed their written version. Arguments from the learned counsel for the complainant and O.Ps heard. Perused the record, documents, written arguments filed by both the parties.
The parties vehemently advanced arguments touching the points both on the facts as well as on law.
FINDINGS.
5. On perusal of the record it is revealed that a scheme “Commercial Agri Enterprises” had executed in Agriculture Department for unemployed youth. The purpose of scheme was (1) create self employment and (2) employment opportunity for others through commercial Agri. Enterprises. The present case in hand we observed the complainant being an unemployed youth without any income source for maintaining his family had encouraged by the above scheme of State Govt. in Agricultural Deptt. regarding avail of loan with subsidy for goat farming and poultry. The complainant had availed Agricultural allied loan a sum of Rs.10,20,000/- from the O.P. No.2 (bank) with entitlement of @ 25% subsidy on capital investment of Rs.3,40,162/- to be released by the O.P. No.1. The said loan had sanctioned and advanced to the complainant by the O.P. No.2 on Dt.12.6.2009 vide loan account No.12231040736 . Further it is revealed the O.P. No.4 vide his Letter No. 4348(4) Dt.24.12.2009 sent to the Branch Manager, Utkal Gramya Bank, Santpur, S.D.V.O., Bhawanipatna, Asst. Agriculture Engineer, Bhawanipatna for submission of Inspection/verification report on Goatary & poultry project of the complainant under Commercial Agriculture Enterpises Scheme which is marked as Annexure-I. In the above letter the O.P. No.4 had clearly mentioned the complainant has completed the above project in his field and furnish details inspection report in the prescribed format.
On perusal of all the documents filed by both the parties we observed the complainant had availed loan with subsidy for goat farming and poultry. The complainant had availed Agricultural allied loan of Rs.10,20,000/- with entitlement of @ 25% subsidy on capital investment of Rs.3,40,162/- . Now the complainant is entitled to get subsidy a sum of Rs.3,40,162.00 from the O.P. No.1.
The S.D.V.O., Bhawanipatna had prepared project and estimate report for establishing of Goatary and poultry farm and the same submitted to the O.P. No.4 vide his letter No. 1520 Dt.19.11.2008 which is marked as Annexure- 2. The V.A.S., Narla on Dt.30.10.2009, Dt.6.11.2009 had issued health certificate “Certified that the animals mentioned below presented by the complainant are found to be free from any disease or defects and the animals are ear tagged” marked as Annexure-3.
The O.P. No.1 (APICOL, BBSR) in para No.13 of their written version clearly mentioned that on receipt of the subsidy claim documents of the complainant the subsidy will be released forthwith.
The O.P. No.2 (UGB bank) in para No.9 of their written version clearly mentioned that the complainant has settled his dues/loan account through compromise and there is no loan outstanding against the complainant.
The Deputy Director, Kalahandi Range, Bhawanipatna has already issued letter to the O.P. No.4 vide his Letter No. 3204 Dt. 30.4.2015 for release of subsidy for goatary & poultry unit in favour of the complainant which is marked as Annexure-4.
Hence to meet the ends of justice, the following order is passed. ORDER.
In the result with these observations, findings, discussions the complaint petition is allowed in part on contest against the O.Ps 1 & 4 and dismissed against 2 & 3.
The O.P.No.4 D.A.O., Bhawanipatna is ordered to submit all the papers relating to the above project to the Mananging Director, APICOL, BBSR immediately for release of subsidy amount in favour of the complainant with in 30 days from the date of receipt of this order . The O.P. No. 1 Mananging Director, APICOL, BBSR is directed to sanction the Subsidy amount and pay the same to the complainant within 30 days after receipt of the papers from the O.P. No.4.
The Extract copies of the order be served on the Deputy Director of Agriculture, Kalahandi Range, Bhawanipatna, /S.D.V.O., Bhawanipatna/ Assistant Agriculture Engineer,Bhawanipatna for early action at their end.
The O.Ps are ordered to comply the above direction within stipulated period as stated above failing which the complainant is at liberty to take resort further proceedings U/S- 25 & 27 of the C.P. Act. Service the copies of the order to the parties.
Dictated and corrected by me
Pronounced on this 17th. day of February, 2017.
Member. President
Documents relied upon:-
By the complainant.
1.Xerox copies list of applicants/entrepreneurs for preparation of commercial agriculture enter priges project issued by the O.P.No.4
2. Xerox copies of the Lr. No. 3661 Dt.29.10.2008 of the O.P. No.4 addressed to the O.P. No.1.
3.Beneficiary list for conducting VES test of the O.P. No.4
4. Letter No.3664 Dt.27.10.2008 of the O.P. No.4 addressed to the Joint Director of agriculture(Engineering) the Director of Agriculture and food production during 2008-09.
5.Letter No. 1521 Dt. 19.11.2008 of SDVO., Bhabanipatna addressed to the O.P. No.4.
6.Health certificate of animals issued by VAS, Narla on Dt.30.10.2009 & on Dt.6.11.2009.
7.Letter No.4223 Dt. 2.12.2008 of O.P. No.4 addressed to the O.P. No.2 Bank.
8.Letter No.4348 Dt. 24.12.2009 issued by the O.P.No.4 addressed to the O.P. No.2,SDVO., B.Patna, Asst. Agriculture Engineer,Bhawanipatna,Kalahandi.
9.Letter Dt.4.12.2013 of the complainant addressed to the O.P. No.1.
10. Legal notice Dt.11.2.2014 issued by the complainant addresseed to the O.P. No.2.
11. Letter Dt. 6.6.2014 of the O.P.No.3 addressed to Sri Ganeswar patnaik, Advocate.
12.Letter No.3204 Dt. 30.4.2015 of Deputy Director of Agriculture,Kalahandi Range, Bhawanipatna addressed to the O.P. No.4, O.P. No.2
13. Pass book issued by the UGB, Santpur in favour of the complainant.
By the O.P No.1
- Xerox copies of the Guidelines on special drive on self employment for unemployed youth during the 10th. Five year plan.
By the O.P No.2 & 3.
Nil.
By the O.P No. 4
1, Letter No. 4223 Dt. 2/12/2008 issued by the O.P. No.4 addressed to the O.P. No.2
2.Letter No.4348 DT. 24.12.2009 issued by the O.P. No.4 addressed to the No.2,SDVO., B.Patna, Asst. Agriculture Engineer,Bhawanipatna,Kalahandi.
3.Letter Dt.24.4.2015 of the O.P. No.2 addressed to the O.P. No.4
4.Letter No.1113 Dt.03.5.2014 of Director of agriculture and food production,Odisha.
5.Letter No. 274 Dt.3.2.2014 of Director of agriculture and food production,Odisha addressed to the Deputy Director, and D.A.O.
PRESIDENT.
