Presented by Sri G.S. Pradhan, President . <br /> Brief fact of the case is that, the Complainant has availed an agricultural loan for cultivation of sugarcane crop over two acres of land and another loan for cultivation of paddy crop over two acres of land for a sum of Rs.28,882/-(Rupees twenty eight thousand eight hundred eighty two)only vide account No.11/29/12 in the year 1999 from the Opposite Party No.2(two). Due to drought and other natural calamities the Complainant could not repay the debt in time to the Opposite Party No.2(two). The Complainant being a small farmer has availed agricultural loan only for four acres of land. As per the debt waiver and Debt Relief Scheme-2008 introduced by the Govt. of India, the debt accrued on a small and Marginal farmer arising out of an agricultural loan including the direct investment loan and short term production loan, disbursed up to 31st March-2007 is to be waived. The Complainant being a small farmer, the loan out standing against the Complainant is eligible to be covered under Debt waiver and Debt Relief Scheme-2008. Due to negligence of Opposite Party No.2(two), the Complainant was not included in the scheme thereby debarred to get the benefit of the scheme as such he sustained pecuniary loss and physical pain. The Complainant has put forth his grievance before the Opposite Parties through Registered Post. On Dt.14/08/2008, the Deputy General Manager, State Bank of India, Bhubaneswar intimated the Complainant that the out standing loan amount against the Complainant has been “written off” instead of waived is itself an act of deficiency of service by the Opposite Parties.<br /> <br /> The Complainant claims, the outstanding loan amount i.e. Rs.40,126/-(Rupees forty thousand one hundred twenty six)only is to be waived and to pay the Complainant a sum of Rs.20,000/-(Rupees twenty thousand)only as compensation for harassment and mental agony and Rs.2,000/-(Rupees two thousand)only for litigation cost.<br /> <br /> The Opposite Parties in its version challenges the maintainability of the complaint on the ground that, the relationship between the Complainant and the Opposite Parties are that of Debtor and Creditor and the Complainant has not hired any service for consideration of the Opposite Parties and therefore the Complainant can not be classified as consumer with in the meaning of Consumer Protection Act.<br /> <br /> The Opposite Parties contend that the Complainant has availed two loan such as crop loan (ACC) for sugarcane on Dt.18/02/1997 for Rs.17,500/-(Rupees seventy thousand five hundred)only and another for Khariff Paddy and groundnut cultivation for Rs. 25,280/-(Rupees twenty five thousand two hundred eighty)only and as such two accounts bearing No. 11/29/12 D and 11/29/12 F respectively were opened in the name of the Complainant. The Complainant has also given on declaration through affidavit to the effect that he is the owner and in possession of Ac 9.95 dec. land of M.S. Khata No.2 of Mouza Samakata as his share. Under clause 3(5) of the scheme “Farmer” has bee classified in three categories in accordance with their possession/ownership of land i.e. Marginal farmer means those farmers cultivating up to 1(one) hector (A 2.5 acres), Small farmer are those cultivating up to 2 (two)hectors (A 5.00 acres) Others farmers means those cultivating more than 2 (two)hectors more than 5(five) acres. The Complainant being owner and in possession of A 9.95 acres of land is not coming under category of a Marginal farmer or Small farmer but Other farmers. The Deputy General Manager, State Bank of India, Bhubaneswar after going details into the nature of account, nature of loan and classification of farmers has rightly vide his latter Dt.14/08/2008 intimated the Complainant that his loan amount of Rs. 40,126/-(Rupees forty thousand one hundred twenty six)only has been written off. Further it had also advised the Complainant in the aforesaid letter to contact the Opposite Party No.2 (two), Branch Manager, State Bank of India, Sohella for further clarification/guidance/fresh loan. But the Complainant instead of contacting the Opposite Party No.2(two) for clarification has filed this present proceeding with out any basis.<br /> <br /> Further the Opposite Parties contends that as per the Scheme-2008 had the Complainant been a Small or Marginal farmer the entire amount out standing in the A.U.C.A (Advance Under Collection Account) amount would have been waived. But since the Complainant is coming under Other farmers his outstanding amount of Rs.40,126/-(Rupees forty thousand one hundred twenty six)only through written off would have been considered under O.T.S. Scheme-2008. Subject to paying of his contribution of 75%(seventy five percent) or Rs.20,126/-(Rupees twenty thousand one hundred twenty six)only as borrowers share amount with a relief of 25%(twenty five percent) or Rs.20,000/-(Rupees twenty thousand)only which ever is higher. The Opposite Party No.2(two) requested the Complainant several times to pay his share of contribution (Rs. 20,126/-(Rupees twenty thousand one hundred twenty six)only ) to get the benefit of 25%(twenty five percent) of the out standing of Rs.20,000/-(Rupees twenty thousand)only which ever is higher under the scheme but the Complainant remain indifferent and insisted for total waiver of the loan amount outstanding against him. The Opposite Party No.2(two) vide its letter Dt.26/07/2008 also intimated the Complainant to pay his loan amount under compromise proposal but in spite of receipt of the letter, the Complainant did not respond but filed this present proceeding which is unwarranted.<br /> The Opposite Parties have not committed any deficiency in service and have discharged their duties in accordance with law and prays for dismissal of the complaint with cost.<br /> <br /> Perused the complaint petition, version of Opposite Parties as well as the copy of documents filed by the Parties in respective of their case and find as follows:-<br /> <br /> The Opposite Parties bank being a financial organization, financed its customer like this Complainant and earns profit through interest and the Complainant has availed a loanee from this Opposite Parties are consumer under the provision of Consumer Protection Act and as such the present complaint is maintainable.<br /> <br /> It is not disputed that the Complainant has availed two loans such as a sugarcane crop loan for two acres on Dt.18/02/1997 for Rs. 17,500/-(Rupees seventeen thousand five hundred)only and another loan for Khariff paddy and groundnut cultivation for 2(two) acres for Rs. 25,280/-(Rupees twenty five thousand two hundred eighty)only vide loan account No. 11/29/12 D and 11/29/12 F from the Opposite Party No.2(two). It is also not disputed that a sum of Rs. 40,126/-(Rupees forty thousand one hundred twenty six)only is outstanding against the Complainant which is “Written off” by the Opposite Parties. The Complainant contends that he has availed loan for only four acres of land as such he is a small farmer and is liable to be covered under Debt waiver and Debt Relief Scheme-2008 and the outstanding loan amount against the Complainant is liable to be waived as per the Scheme-2008.<br /> <br /> Under clause 3(5) of the Agricultural Debt waiver and Debt Relief Scheme-2008. Farmer has been classified in three categories in accordance with their possession/ownership of land i.e. Marginal farmers means those farmers cultivating up to 1(one) hector (A 2.5 acres), Small farmers are those cultivating up to 2(two) hectors (5 acres) and Other farmers means those cultivating more than 2(two) hectors (5 acres). As per the Scheme the debt accrued on a Small and Marginal farmer arising out of an agricultural loan including the direct investment loan and short term production loan disbursed up to 31st March-2007 the entire eligible loan shall be waived. The declaration in shape of an affidavit made by the Complainant shows that he is the owner in possession and cultivating A9.95 dec. of land standing over M.S. Khata No.2(two) of Mauza Samakata as his share. The Complainant being owner of A.9.95 dec. of land is not coming under category of a Marginal farmer or a Small farmer but is other farmers. As per the A.D.W. And DR Scheme-2008 had the Complainant been a Small or Marginal farmer the entire amount outstanding against him would have been waived. But as the Complainant is Other farmers category, his outstanding loan amount i.e. Rs.40,126/-(Rupees forty thousand one hundred twenty six)only has been “written off” and are transfered to Bank's (AUCA) (Advance Under Collection Account) are loan amount due and recoverable from the borrower with interest. The Complainant was also intimated the matter vide letter Dt.14/08/2008 issued by D.G.M., State Bank of India, Bhubaneswar and further it was requested in the aforesaid letter to contact Branch Manager, Sohella for further classification/guidance/fresh loan.<br /> <br /> In view of above facts and circumstances of the case the Complainant is not coming under a Small and Marginal farmer category but is a Other farmer category as per the Debt waiver and Debt Relief Scheme-2008 and hence the loan amount i.e. Rs..40,126/-(Rupees forty thousand one hundred twenty six)only outstanding against him is not illegible to be waive. The Opposite Parties have discharged their duties in accordance with the Scheme and have not committed any deficiency of service towards the Complainant.<br /> <br /> Complaint dismissed.<br /> No cost/compensation.