Present :    Biswanath De  ….   President

            The case of the complainant extracted from the vast written complaint can be reproduced in a precise form that the complainant took KCC short term crop loan of Rs.22,000/- from the oP Bank , A/c no. 31022382007 in the year 2011 for

agricultural purposes with the help of Julfikarily and Manash Kodali . The complainant gave his Pass Book to those two persons Julfikarly and Manash Kodali .The complainant has no fixed no fixed job so he has to move here and there. Those two persons did not hand over the Pass Book to the complainant. On 16.1.2014 the complainant got one notice from Bank showing sum of Rs.64,570/- due in the said loan account. After going through the statement complainant came to know that the oP/Bank in collusion with Julfikarily and Manash Kodali have increased the loan limit for three times without the knowledge of the complainant. Now the complainant deny this loan enhancement from 22,000/- to Rs.64,000/-. He attributes guilt upon the said two persons and Bank . Complainant requested the Bank to adjust his loan amount but the oP Bank did not hear him. The complainant sent legal notice on 6.2.2015 requesting the Bank to enquire into the matter and unearth the truth and taking  proper action against the two persons who involves themselves in the illegal act. But the Bank took no step as per request . Hence, this complaint.

            Op /Bank has contested the case denying inter alia all material allegations and stated that complainant himself took the agricultural loan although the complainant is not an agriculturist . Complainant with the help of those two persons arranged to taking loan and enhancement of loan . They have misappropriate the money . Now to avoid payment , the complainant has fabricated the story. Hence the case is required to be dismissed.

           Complainant filed some documents mainly Advocate’s letter , statement of account , Evidence in chief , Written Notes of argument and Bank notice. OP has filed Evidence in chief and Written Notes of argument.

POINTS FOR DECISION :

1. Whether the complainant is a consumer ?                                              
2. Whether there is any deficiency in service on the part of the oP ?                                                                                               
3. Whether the complainant/petitioner is entitled to get relief as prayed for ?                              

DECISION WITH REASONS :

            All the points are taken together for the sake of convenience and brevity of discussion.

            In evidence in chief complainant stated his case . The advocate letter also reflected the written complainant. Bank statement shows that due amount is Rs.54,521/- . Notice of Bank shows present position of amount of loan before the date of filing of the case is Rs.64,570/-. The complainant did not file the Pass Book. The complainant made allegations against the two persons namely Julfikarily and Manash Kodali. But complainant also stated those two persons with bank personnel has enhanced the loan amount . But he did not file any FIR or allegation before the Police to institute case or take proper action as per law. Those two persons are living in his village but complainant is silent regarding any action. There is no evidence adduced by the complainant that he is entitled to get agricultural loan . Bank alleges that he is not agriculturist. In collusion with those two persons he took the loan and misappropriate the same by those two persons along with complainant. This case has been instituted at the best of the complainant. But complainant is unaware and not in action to take help of the police for punishment and did not inform the matter to the local authority . He only requested the Bank authority to take action against those two persons. Such circumstances by which the complainant has placed his case is itself is doubtful for want of any evidence that he had some land and he was an agriculturist and entitled to get crop loan. But complainant has miserably failed to prove his case by cogent evidence before us. The story adduced by the complainant is unreasoned and incredible . This Forum is unable to rely faith upon the complainant. So, the case fails miserably. Accordingly after deliberation over the material it is –

                                                                                     Ordered

            That the complainant’s case no. 66 of 2015 be and the same is dismissed on contest. But no order as to cost.

            Let a copy of this order be made over to the parties free of cost.