This Complaint coming up before us for hearing on 02-02-12 in the presence of Sri K.V.R.H. Prasad, advocate for the complainant and of Sri L. Vijay Kumar, advocate for opposite party, upon perusing the material on record and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao,  President:-

        The complainant filed this complaint u/s 12 of the Consumer Protection Act to declare that the outstanding loan amount of Rs.6,02,150/- to the credit of his accounts as per the guidelines framed by the Union Government under the Agricultural Debt Relief Scheme has been discharged and for clearance certificate besides costs.

2.    In brief the averments of the complainant are hereunder:

The complainant owns and possesses Ac.1.60 in survey Nos.42/6, Ac.1.00 in survey Nos.67/2 to 7 and Ac.1.00 in S.Nos.60/3 of Pathareddypalem village.   In the year 2003-2004 the opposite party granted loans to the complainant vide A/c. Nos.30629170432; 30600784342; 30629171107 and 30629170089 and the complainant became liable to pay Rs.74,846/-; Rs.1,59,508/-; Rs.1,27,226/- and Rs.2,40,570/- under the said loan accounts.   The complainant received a registered legal notice from the opposite party on 06-05-10 and 02-05-10 informing that the complainant was due in a sum of Rs.74,846/- and Rs.1,59,508/- respectively and was eligible for 25% of concession under Agricultural Debt Relief Scheme if pays 75% of loan amount on or before 30-06-10.   The complainant gave a suitable reply.   The complainant is a small farmer and is entitled to the waiver of entire loan amount.   Inspite of reply given by the complainant, the opposite party is demanding to pay the entire amount due.   The above conduct of the opposite party amounted to deficiency of service.   The complaint therefore be allowed.

3.   The contention of the opposite party in brief is hereunder:

        The complainant is not a consumer under the Consumer Protection Act.   The complainant on 10-09-01 applied to the opposite party for sanction of short term loan of Rs.1,00,000/- stating that he is cultivating Ac.16.23 of land.  Accordingly the opposite party sanctioned Rs.1,00,000/- on 10-09-01 to the complainant towards working capital on execution of necessary documents by him.   While seeking loan the complainant declared that he owns and possess Ac.1.60 in survey Nos.42/6, Ac.1.00 in survey Nos.60/3 and Ac.1.00 in S.Nos.67/2 to 7 of Pathareddypalem village besides cultivating an extent of Ac.5.25 of land on lease and submitted lease agreement dated 26-04-99.  The complainant also created equitable mortgage over an extent of Ac.3.60 of his land for the said land in favour of the opposite party which is payable by 31-05-02.   The complainant falls under the category of other farmer and as such the opposite party got issued legal notice demanding the complainant to pay 75% of the eligible amount.   The complainant failed to pay the said amount.   Therefore the complainant is not entitled to the benefits of the said scheme and is liable to pay the amount.   The complaint therefore be dismissed.

4.   Exs.A-1 to A-5 on behalf of the complainant and Exs.B-1 to B-15 on behalf of opposite party were marked.

5.     Now the points that arose for consideration in this complaint are:

1. Whether the complainant is a small farmer within the scheme?
2. Whether the complainant is entitled to the benefits under the debt waiver scheme 2008?
3. Whether the complainant is entitled to get the entire loan waived?
4. To what relief?

6.   POINT No.1:-   Sanctioning of loan of Rs.1,00,000/- to the complainant by the opposite party and issue of Ex.A-3 and Ex.A-4 notices to the complainant were not in dispute.    Under Ex.A-3 dated 06-05-10 the opposite party informed the complainant that he was indebted in a sum of Rs.74,846/- by 30-06-10 towards loan a/c No.30629170432 and if pays Rs.75% from out of the above amount the loan gets discharged.  Under Ex.A-4 dated 02-05-10 the opposite party informed the complainant that he was indebted in a sum of Rs.1,59,508/- by 30-06-10 towards loan a/c NO.30600784342 and if pays Rs.75% from out of the above amount the loan gets discharged.     

7.    The relevant portion in the guidelines issued under the Debt Relief Scheme, 2008 are detailed hereunder:

1. Introduction:
   1. The Finance Minster, in his Budget speech for 2008-09, announced a Debt Waiver and Debt Relief Scheme for farmers.
   2. Guidelines for implementation of the Scheme are given below.
2. SCOPE:
   1. The scheme will cover direct agricultural loans extended to marginal and small farmers’ and ‘other farmers’ by Scheduled Commercial Banks, Regional Rural Banks, Cooperative Credit Institutions (including Urban Cooperative Banks) and Local Area Banks (herein after referred to compendiously as “lending institutions”) as indicated in the Guidelines.
   2. The scheme shall come into force with immediate effect.
3. Definitions:
   1. Direct Agricultural Loans means Short Term Production Loans and Investment Loans provided directly to farmers for agricultural purposes.   This would also include such loans provided directly to groups of individual farmers (for example Self Help Groups and Joint Liability Groups), provided Banks maintain disaggregated data of the loan extended to each farmer belonging to that group.
   2. Short Term Production Loan means a loan given in connection with the raising of crops which is to be repaid within 18 months.   It will include working capital loan, not exceeding Rs.1 lakh, for traditional and non traditional plantations and horticulture.
   3. -
   4. -
   5. Marginal Farmer means a farmer cultivating (as owner or tenant or share cropper) agricultural land up to 1 hectare (2.5 acres).
   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)
   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).

Explanation:

1. -
2. -
3. In case of a farmer who has obtained investment credit for allied activities where the principal loan amount does not exceed Rs.50,000/-, he would be classified as “small and marginal farmer” and, where the principal amount exceeds Rs.50,000/- he would be classified as ‘other farmer’, irrespective in both cases of the size of the land holding, if any.

4.   Eligible amount:

          4.1   The amount eligible for debt waiver or debt relief, as              the case may be (hereinafter referred to as the                           eligible amount) shall comprise of:

          a) In the case of a short-term production loan, the                             amount of such loan (together with applicable interest);

          i) Disbursed up to March 31, 2007 and overdue as on                                December 31, 2007 and remaining unpaid until                                  February 29, 2008.

          ii) restructured and rescheduled by Banks in 2004 and in                    2006 through the special packages announced by                                 the Central Government, whether overdue or not; and

          iii) restructured and rescheduled in the normal course                up to March 31, 2007 as per applicable RBI guidelines                 on account of natural calamities, whether overdue

               or not.

5. Debt Waiver:

          5.1 In the case of a small or marginal farmer the entire                             eligible amount shall be waived.

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 percent of the eligible     amount’;

8.     As per the above scheme 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) and other farmer means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres).   

09.   In Ex.A-5 reply the complainant got it mentioned that he was cultivating Ac.3.60 cents of land comprised in different survey numbers of Pathareddypalem village.  The complainant in his affidavit reiterate the extent mentioned in the complaint.  To prove it the complainant filed Ex.A-1 (copy of Pattadar pass book) even in the certificate issued by the Tahsildar, Chebrolu Mandal(EX.A-2) it was mentioned that the complainant was cultivating Ac.1.60 cents in S.No.42/6 and Ac.1.56 cents in S.No.60/3 pf Pathareddy palem Vilage.   But the complainant in his affidavit as well as complaint mentioned that he owned and possessed Ac.1.00 only in S.No.60/3 of pathareddypalem village.  The extent of Ac.1.00 in S.Nos. 67/2 to 7 of pathareddypalem village did not find place in Ex.A-2.  The complainant failed to explain the above discrepancy.  To rebut it the opposite party relied on the lease agreement (Ex.B-7) said to have been furnished by the complainant while obtaining loan.  Under Ex.B -7 the lease period was from 01-04-99 to 31-03-2005 and the extent of lease being Ac.5.25 cents of land.  The complainant no where in his affidavit denied or contradicted about Ex.B-7.  The extent mentioned in Ex.B-7 coupled with the extent in the affidavit of the complainant is taken into consideration he falls under the purview of other farmer.  The complainant in this case and the complainants in 130/11 to 133/11 And 135/11 are inter-related.   The opposite party had rightly applied the benefits of Debt Waiver Scheme, 2008 to the complainant and issued Exs.A-3 and A-4.  The complainant failed to utilize the advantage/benefit given by the opposite party under Exs.A-3 & A-4 for the reasons best known to him.  Under those circumstances the contention of the complainant cannot be accepted and the opposite party did not commit any deficiency of service.  We therefore answer this point against the complainant.

10.  POINTS 2 AND 3:-   In view of above finding, we answer these points against the complainant. 

11.  POINT No.4:-   In view of above findings, in the result the complaint is dismissed with costs of Rs.1000/- to the opposite parties.   The above amount should be paid within a period of six weeks from the date of receipt of the copy of the order.

        Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 14^th day of February, 2012.

MEMBER                                             MEMBER                                             PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party: 

                                                                                            PRESIDENT

Cc 133 of 2011

The extent of land possessed by the com as mentioned in complaint as

Ac.3.38 in S.No.60/3,

Ac.1.00 -          67/ 2 to 7

65 cents – 55/10

17 cents   - 55/16 of pathareddypalem village.

But in his affidavit the com mentioned the extent he possessed in S.No.60/3 is 1.56 cents as against 3.38 cents mentioned in the complaint.   In the complaint the extent of 1.56 cents was holder of 3.38 cents.   But the small farmer certificate issued by (Ex.A-1) issuedby Tahsildar, Chebrolu Mandal revaled the extent as 676 cents in S.No.155/10 and 17 cents in S.155/16 but this did not find place either int eh complaint or in the affidavit.  Therefore the complaint  did not approach the Forum with clean hands and complaint averments and affidavit and Ex.A-1 differed.   Even if the irrespective contention of the opposite party the extent mentioned in the complaint is taken into consideration the complaint falls under the purview of other farmer.   Therefore Ex.B-1 to B-10 need not be considered.