Haryana

StateCommission

A/596/2016

BANK OF INDIA - Complainant(s)

Versus

RIYASAT ALI - Opp.Party(s)

RANJEET SINGH KHURAL

21 Nov 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

First Appeal No.596 of 2016

Date of Institution: 01.07.2016

Date of Decision: 21.11.2016

 

1.      Bank of India, Branch Near Fountain Chowk, Yamuna Nagar through its Branch Manager.

2.      Bank of India, SCO No.181-182, Sector 17, Chandigarh through its Zonal Manager, now shifted to SCO No.76-82, Sector 31B, Chandigarh.

3.      Rajesh Kumar, Field Officer, Bank of India, Near Fountain Chowk, Yamuna Nagar.

                                      Appellants-Opposite Parties

 

Versus

 

Riyasat Ali (44) son of Shri Ashraf Ali, resident of Village and Post Office Bhambol, Sub Tehsil Mustafabad,Tehsil Jagadhari, District Yamuna Nagar.

Respondent-Complainant

 

CORAM:             Hon’ble Mr. Justice Nawab Singh, President.

                             Mr. B.M. Bedi, Judicial Member.

                             Mr. Diwan Singh Chauhan, Member.                                                                                                                                           

Argued by:          Shri Ranjeet Singh Khural, Advocate for appellants.

                             Shri Diwan S. Adlakha, Advocate for respondent-complainant.

 

                                                   O R D E R

 

B.M. BEDI, JUDICIAL MEMBER:

 

This appeal has been preferred by Bank of India and its functionaries-opposite parties against the order dated 31.05.2016 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short, ‘District Forum’) whereby complaint filed by Riyasat Ali-complainant was partly allowed.  The appellants were directed to issue No Objection Certificate/Clearance Certificate to the complainant within a period of 30 days without charging any amount and also to pay Rs.5000/- as compensation.  

2.      In brief, the facts of the present case are that Riyasat Ali-complainant availed Kisan Credit Card Limit of Rs.1,84,000/- from Bank of India-opposite parties (appellant).  The Government of India introduced Debt Waiver & Debt Relief Scheme, 2008 (hereinafter referred as ‘Scheme’) for those poor farmers who were having small piece of agricultural land. The scheme was available for farmers who had taken loan after March 31^st, 1997. In the said scheme, there was classification of farmers reproduced as under:-

“3.5   ‘Marginal Farmer’ means a farmer cultivating (as owner or tenant or share cropper) agricultural land up to 1 hectare (2.5 acres).

3.6    ‘Small Farmer’ means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 1 hectare and up to 2 hectares (5 acres)

3.7    ‘Other Farmer’ means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres)”.

3.      The scheme provided for waiver of eligible amount.  Since the complainants falls under the category of ‘Other Farmers’, the relief permissible to said category as provided in Clause 6, which is reproduced as under:-

          “6. Debt Relief

          6.1. In the case of ‘other farmers’, there will be a one time settlement (OTS) Scheme under which the farmer will be given a rebate of 25 per cent of the ‘eligible amount’ subject to the condition that the farmer pays the balance of 75 per cent of the ‘eligible amount’;”

 

Under this scheme, the loan disbursed upto March 31^st, 2007 and overdue as on December 31^st, 2007 and not paid till February 29^th, 2008 was to be waived of to farmers as per their land holding and classified above.  The complainant requested the appellants to provide benefits of the scheme.  The appellants asked the complainant to deposit Rs.1,23,097/- to liquidate the loan, which the complainant deposited.  Thereafter, the complainant was again asked to deposit Rs.61,000/- (which was already waived off) in order to get No Objection Certificate/Clearance Certificate.  The appellants refused to issue No Objection Certificate/Clearance Certificate to the complainant without depositing Rs.61,000/-.  Hence, the complainant filed complaint under Section 12 of the Consumer Protection Act, 1986 before the District Forum.

4.      The appellants-opposite parties in their written version pleaded that complainant availed a loan of Rs.1,25,000/- under Kisan Credit Card on 23.11.2002 however he was a chronic defaulter in making the payment.  His account was irregular till 30.06.2010.  The complainant owned more than 5 acres of land.  As per the scheme, only those farmers who were defaulters in the year 2007 were to be given relief, if the loanee makes the payment of balance defaulted amount.  In this case, an amount of Rs.1,28,972/- was in default on 29.12.2007 and a waiver of Rs.32,243/- was to be given to the complainant if he deposits the balance amount till 31.12.2007 however the scheme was extended from time to time and interest was calculated in his account from 29.12.2007. The complainant deposited Rs.1,23,097/- on 30.06.2010.  At that time a total outstanding amount was Rs.1,84,575/-.  In this way, an amount of Rs.61,478/- plus interest was outstanding against the complainant, which he was liable to pay.  Since the complainant did not deposit the defaulted amount till 30.06.2010, therefore, an amount of scheme of Rs.32,243/- could not come in the account of complainant as per Government Scheme, though the bank had already sent a proposal to Government for relief of Rs.32,243/- to the complainant.  Denying the remaining contents of the complaint, it was prayed for dismissal of the complaint.   

5.      It is not disputed that amount of Rs.61,000/- upto December 31^st, 2007 was to be waived. The complainant owned more than five acres of land and thus fell in the category of other farmer. The grievance of the complainant was that despite deposit of Rs.1,23,097/- as demanded by the appellants towards lump sum, appellants did not issue ‘No Objection Certificate’ to him.  The loan amount was disbursed before 31.03.2007. The complainant fell in the category of ‘Other Farmer’ and was entitled to get 25% rebate under the Waiver Scheme, 2008.  An amount of Rs.1,84,575.70 was stated to be outstanding against the complainant on 22.06.2010.  In pursuance to the letter dated 16.05.2010 issued by the appellants, complainant deposited the amount of Rs.1,23,097/- towards full and final settlement.  Thereafter, the appellants raised the plea that since the complainant did not deposit the amount of his share prior to the date of outstanding, therefore subsidy amount of Rs.33,903/- was refunded to the government.  Had that been so, there was no bar or restriction for the appellants to have demanded amount by adding that amount also.  Whatever amount was demanded, complainant has already paid.  Thus, there is no illegality or infirmity in the impugned order passed by the District Forum. Accordingly, the appeal is dismissed.

6.      The statutory amount of Rs.2500/- deposited at the time of filing the appeal be refunded to the appellant against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

Announced 21.11.2016

(Diwan Singh Chauhan) Member

(B.M. Bedi) Judicial Member

(Nawab Singh) President