Kerala

StateCommission

A/14/30

THE REGIONAL MANAGER, BANK OF BARODA - Complainant(s)

Versus

MATHEW P A - Opp.Party(s)

B BABURAJAN

21 Nov 2014

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL

COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM

 

APPEAL NO.30/2014

JUDGMENT DATED 21/11/2014

 (Appeal filed against the order in CC No.37/2013 on the file of CDRF, Idukki dated, 27/09/2013)

 

 

PRESENT:

 

SMT. A. RADHA                                       :         MEMBER

SHRI. K. CHANDRADAS NADAR          :         JUDICIAL MEMBER

SMT. SANTHAMMA THOMAS              :        MEMBER

 

APPELLANTS:

 

1. The Regional Manager,

Bank of Baroda, Regional Office, Ernakulam.

 

1. The Branch Manager, Bank of Baroda,

Thodupuzha Branch, Thodupuzha.

 

(By Adv:  B. Baburajan)                   

 

                   Vs

 

RESPONDENTS:

 

1. Mr. Mathew.P.A., S/o. Abraham,

Punchathazhathu House, Elamdesom P.O.,

Alakkodu, Idukki District.

         

1. The Deputy Tahsildar (R.R), Taluk Office,

Thodupuzha, Thodupuzha P.O., Idukki District.

 

1. The Deputy Collector (R.R), Collectorate,

Idukki, Painavu P.O., Idukki District.

 

(By Adv:  K.R. Haridas)                    

                                      

JUDGMENT

 

SMT. A. RADHA  :  MEMBER

 

          Aggrieved by the order passed in C.C.No.37/13 the opposite parties preferred this appeal wherein the Forum Below allowed the complaint and directed the opposite parties to pay Rs.5000/- as compensation and Rs.2000/- as cost.

          2.  The case of complainant is that the complainant availed a loan on 01/09/2005 (the Baroda Kisan Credit Card Facility) from the opposite party Bank for an amount of Rs.50,000/-.  The loan period was fixed for a period of 12 months which is renewable when the party makes the payment of the earlier credit and availed the credit facility further.  It is stated in the complaint that in the month of September, 2007 the complainant closed his account with the 2^nd opposite party by remitting Rs.52,100/-.  Thereafter no transactions were taken place between the complainant and the opposite parties.  It is stated in the complaint that if at all any amount was due it is time barred and the Account No.3175 of the complainant is also non-operative.  The allegation of the complainant is that he was issued with a Revenue Recovery Notice Under Section (7) to recover an amount of Rs.88,423/- with 12.5% interest and 5% collection charge from the complainant.  It is stated in the complaint that the Revenue Recovery Proceedings caused lot of mental agony to himself and his family members.  The residential house belongs to his father and his elder brother is also the legal heir of property who is a patient.  Moreover he lost his 4 children who born together and died together.  The Revenue Recovery Proceedings resulted in the unhealthy situation for his wife and also for himself.  Though approached the Collector no further action was taken and filed this complaint before the Forum Below for Rs.4,00,000/- and to stay the recovery proceedings against the complainant.

          3.  It is admitted in the version that the complainant availed a cash credit loan from the opposite party for Rs.50,000/- which is to be repaid within 12 months.  It is also admitted that the complainant remitted Rs.52,100/- on 14/9/2007 thereafter on 18/9/2007 the complainant availed the very same facility under the credit cash facility by drawing an amount of Rs.50,000/-.  The complainant issued a cheque dated 18/09/2007 for withdrawing Rs.50,000/- from the Kisan Credit Card Account.  The complainant had not repaid any amount towards this account and the account fell in arrears.  On 27/11/2012 the opposite parties had to approach the Revenue Recovery Authorities to recover for arrear amount under Revenue Recovery Act.  The opposite parties acted for legal remedies due to the non-payment of the loan account.  The complainant is not entitled for any relief prayed for in the complaint.

          4.  The complainant was examined as PW1 and Exbts. were marked as P1 to P5 and on the part of opposite parties DW1 and DW2 were examined and Exbts.R1 to R7 were marked.

          5.  The counsel for the appellant submitted that the loan availed by the respondent under the Kisan Cash Credit    Facility for Rs.50,000/- was due for repayment.  It is also admitted fact that the complainant repaid the loan amount on 14/9/2007 and thereafter availed another Rs.50,000/- on 18/9/2007 which is evidenced by the cheque leaf issued by the complainant on 18/9/2007 (Exbt.R1) in Account No.CC-552129 which is evidenced by the account statement produced as Exbt.R5 by the opposite parties.  The complainant had not remitted any amount in this account after 18/9/2007.  The complaint is filed on 1/2/2013 which is subsequent to the receipt of the Revenue Recovery payment notice issued to the complainant in November 2012.  The counsel argued that there is an amount of Rs.88,423/- with 12.5% is due to the 1^st and 2^nd appellants.  It is also argued that the respondent had not remitted the amount in time and he was informed earlier regarding the outstanding amount which was not taken into consideration by the respondent.  This resulted in the Revenue Recovery Proceedings as per law.  It is also argued that the Forum lacks jurisdiction to entertain a case coming under Recovery Proceedings.  Hence the complaint is only to dismiss and the appeal is to be allowed in favour   of the appellants.

          6.  It is submitted by the standing counsel for 3^rd and 4^th respondents that the Revenue Proceedings initiated as per the instruction received regarding the outstanding debt due from the 1^st respondent.  As per Section-7 of the Revenue Recovery Proceedings a demand notice was issued for Rs.88,423/- with its interest to the 1^st respondent as per law.  The counsel also pointed out that the Consumer Forum has no jurisdiction to entertain Revenue Recovery Proceedings as per Consumer Protection Act.  In this case, there is no question of deficiency in service on the part of 2^nd and 3^rd respondents and the complaint is only to be dismissed.

          7.  Heard the counsel for parties and gone through the documents.  We find that the complaint is filed on receipt of the Revenue Recovery Demand Notice.  It is an admitted fact that the 1^st respondent/complainant availed a Kisan Cash Credit facility of Rs.50,000/- as on 1/9/2005 for Rs.50,000/- which was repaid on 14/9/2007 as Rs.52,100/-.  It is clear from documents that the complainant availed the same facility for Rs.50,000/- evidenced by Exbt.R1 and thereafter no payments were made by the 1^st respondent.  The appellants initiated for the recovery of the amount through the District Collector for an amount of Rs.88,423/- for the loan amount with interest.  There is no case for the complainant that he had remitted the loan amount availed on 18/09/2007.  In the instant case, the Revenue Proceedings are under process and we are of considered view that the Consumer Forum lacks jurisdiction to entertain a case coming under Revenue Recovery Proceedings.   We are not inclined to go into the details whether the proceedings are time barred or not.  Hence the complainant is at liberty to seek remedy under Civil Proceedings.

          In the result, appeal is allowed setting aside the order passed by the Forum Below.

The office is directed to send a copy of this order to the Forum below along with LCR.

 

 

A. RADHA           :        MEMBER

 

K. CHANDRADAS NADAR  :        JUDICIAL MEMBER

 

 

SANTHAMMA THOMAS     :        MEMBER

 

 

Sa.

 

 

 

 

 

 

 

 

 

 

 

KERALA STATE CONSUMER

                                                                  DISPUTES REDRESSAL

                                                           COMMISSION

THIRUVANANTHAPURAM

 

 

 

 

 

 

 

 

APPEAL NO.30/2014

JUDGMENT DATED 21/11/2014

 

 

 

 

 

 

 

 

Sa.