IN THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM
DATED THIS THE 29th DAY OF APRIL , 2013
Present: Smt. G.Vasanthakumari,President
Adv.Ravisusha, Member
C.C.NO.202/2011
Sri. Sasidharan,
Vallethu Veetil,
Pavumba,
Karunagappally,
Kollam. - COMPLAINANT
(Adv.Somasekharan Pilla, Kollam)
V/S
The Secretary,
Karunagappally Co-Operative Agricultural and Rural,
Development Bank, Ltd, No .467.
(Adv.Priyan babu, Kollam ) -OPPOSITE PARTY
ORDER
SMT.G.VASANTHAKUMARI, PRESIDENT
Complainants case is that complainant is a consumer as defined under the consumer protection Act, that he obtained a loan for Rs. 52,000/- from the
(2)
op, in the year 2004, that since the complainant being a distressed farmer he approached the Kerala State Farmers Debt Relief Commission, accordingly the said commission, after hearing the complainant as well as the op passed an order on 19.08.2008 as follows; out of the total over due amount of Rs.19427/- an amount of Rs. 1427/- shall waive by op, and from the remaining balance of Rs. 18,000/- the complainant is granted with debt relief to the extent of Rs. 9,000/-, that as per the order of the said commission the complainant approached the op and remitted an amount of Rs. 9000/- being his share, that from that day onwards the complainant approached the op inorder to get his title deed which was mortgaged with the op, which was futile, that all the time the op was saying several excuses, that they did not take any steps to get the balance amount from the Government , that on 07.02.2011 the op caused the complainant to remit the balance amount of Rs. 9000/- with advice that the amount will be given to him as and when it is remitted by the government, that also the op made the complainant believe that it will take all the steps to release the said amount of Rs. 9000/- from the Government , but no steps were taken by the op and hence the complainant was constrained to file this petition.
(3)
OP filed version contending that the complainant availed loan from the op bank vide loan no: Fe: 71 for the purpose of conducting a fish farm during the year 2004, that subsequently the complainant become a defaulter of the above mentioned loan account for Rs. 19427/-, that during 2008 the complainant filed an application before the Kerala State Farmers Debt Relief Commission vide No: 182251/08/KL , that as per the award passed in the above application it was held that from the due amount the op bank shall waive an amount of Rs. 1427/- that further the commission considering the complainant as a distressed farmer was granted debt relief to the extend of Rs. 9000/- being 50% of the overdue amount so fixed, that the complainant remitted an amount of Rs. 9000/- at the op bank on 25/10/2010 as per the order of the Commission but as a matter of fact the amount that is to be remitted to the bank by the government as per the order of the commission is not remitted till date, that in the above mentioned circumstances the complainant who was in emergent need of the tittle deed of the mortgaged property has remitted in advance the balance due amount of Rs.9000/- on 07/02/2011 which was to be remitted by the Government as per the order passed by the commission, that the complainant thus happened to release his tittle deed, that the op bank, as per the decision no:129 dated
(4)
24/11/2011 subsequent to the institution of this complaint before this forum has send an application to The Kerala State Farmers Debt Relief Commission for taking appropriate steps for directing the concerned authorities to make payment to the bank for disbursing the amount back to the complainant remitted by him in advance, that the op is ready to pay back the advance amount of Rs. 9000/- remitted by the complainant as and when the said amount is allotted to the bank from the government, that there is no deficiency of service or willful latches from the part of the op and prayed to dismiss the complaint with the cost of the op.
The points that would arise for consideration are:-
(1) Whether there is any deficiency in service on the part of the o.p?
(2) Reliefs and costs?
The evidence in this case consists of the oral testimony of PW1 and DW1 and documentary evidence Exbts.P1 and P2 and D1 and D2.
The Points:- As per Ext.P2 order of the Kerala State Formers Debt Relief Commission dated 19-08-2008 out of the total overdue amount of Rs.
(5)
19427/- an amount of Rs.1427/- shall be waived by op, and from the remaining balance of Rs. 18,000/- the complainant is granted with debt relief to the extent of Rs. 9000/-. It is in evidence that after remitting his share on 25-10-2010 complainant approached the op several times to get his title deed released which was mortgaged with the op. Since it became futile he remitted in advance the balance due amount of Rs. 9000/- on 07-02-2011 which was to be remitted by the Govt: as per the order passed by the commission and got released his title deed and filed this complaint on 22.08.2011. Thereafter on 25-12-11 O.P. has send Ext.D2 application to the Kerala State Farmers Debt Relief Commission for taking appropriate steps for directing the concerned authorities to make payment to the bank for disbursing the amount back to the complainant which he remitted in advance . Even without that letter the commission ought to have taken further steps to get the amount deposited in bank by the concerned authority. The OP is ready to pay back the advance amount of Rs. 9000/- remitted by the complainant as and when the said amount is allowed to the bank from the Govt: In view of the above discussion we have no hesitation to safely conclude that there is no deficiency in service on the part of the OP.
(6)
In the result, the complaint is dismissed but without costs.
Dated this the 29th day of April , 2013.
G. VASANTHAKUMARI
Adv.RAVI SUSHA
APPENDIX
Witness of the complainant
PW1- Sri.Sasidharan
Witness of the opposite party
Dw1- Sri. Jalandhar
Documents of the Complainant
Exbt.P1-Letter dated 02/08/2011
Exbt.P2- Order
Documents of the Opposite Party
Ext. D1- Letter given to Chief Minister from complainant
Ext.D2-Letter dated 25/11/2011
