IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday, the 31st day of January, 2011
Filed on 16.10.2009
Present
1. Sri. Jimmy Korah (President)
2. Sri. K. Anirudhan (Member)
- Smt. N. Shajitha Beevi (Member)
in
CC/No. 337/2009
between
Complainant:- Opposite Party:-
Sri. P.R. Venugopal The Secretary
Perumaparambu Nedumudi Village Service
Vaishyabhagam P.O. Co-operative Society Ltd.
Alappuzha No. 2331, Champakkulam P.O.
(By Adv. P. Rajesh) (By Adv. R. Rajendra Prasad)
O R D E R
SRI. K. ANIRUDHAN (MEMBER)
Sri. P.R. Venugopal has filed this complaint on 16.10.2009 alleging deficiency in service on the side of the opposite party. The allegations are as follows:- He had availed a loan of Rs.6530/- and another loan of Rs.7600/- from the opposite party on 3.12.2003 and 5.3.2004 respectively vide A/c No.949/03 and 1097/03. For the security of the said loan, he had pledged gold ornaments having 50 gram before the opposite party. The above said loan was for his agricultural purpose. He had remitted a total sum of Rs.11,000/- by way of interest before the opposite party, and renewed the loan. Due to the failure of the corps, he could not close the account. The opposite party had not issued receipts for the said remittance of interest. The security ornaments have the value of Rs.90,000/-. Since the co-operative department of the state had written off the above two loan, he is entitled to get back the said gold ornaments and the opposite party is bound to do so. But the opposite party had intimated him orally that they have auctioned the said amounts during the period 2008. The opposite party had not intimated any details of the auction proceedings to him. Joint Registrar (General) had directed the opposite party stating that the issue involved in the transaction is to be settled. But the opposite party had not turned up, so far . Hence this complaint seeking relief.
2. Notice was issued to the parties. The opposite party entered appearance and filed detailed version.
3. In the version field by the opposite party, it is stated that the complainant had not availed of any loan from them, under the Agriculture Loan, after pledging the gold ornaments and they had not given any loan under agriculture purpose. The complainant had availed two loans from them vide No.949/03 and No.1097/03. The duration of the said loan was only 3 months minimum and 6 months maximum. Since there was violation of the agreements and defaulted payment by the complainant, they have requested the complainant to remit the loan amount, since there was no positive steps by the complainant, they auctioned the gold ornaments as per the terms of the agreement. Earlier the complainant had taken two loans for agriculture purpose, and that was written off after including the loan in the eligible list for exemption. The loan amounts availed by the complainant, after pledging the gold ornaments are not included in the Project under “Co-operative Navaranam Keraleeyam” and it cannot be written off since the said loan was not included in the above category. So they have auctioned the ornaments and the complainant is not entitled to get back the same. Since they have intimated the details of the auction proceedings to the complainant in time, there was no deficiency in service on their part.
4. Considering the contentions of the parties, this Forum has raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) Whether the complainant is entitled to get compensation and costs?
5. Issues 1 and 2:- Complainant has filed proof affidavit in support of his case and produced documents in evidence – Exts.A1 to A3 – marked and he has been cross examined by the opposite party – Documents – Ext.A1 is the gold loan token issued by the opposite party to the complainant at the time of releasing the loan amount of Rs.6530/-. Ext. A2 is the gold loan token issued to the complainant by the opposite party at the time of payment of the loan of Rs.7600/-. Ext.A3 is the letter 20.1.2009 issued to the opposite party by the Joint Registrar (General), Alappuzha directing to settle the matter relating to the complainant.
6. Opposite party has filed proof affidavit and produced documents in evidence; and he has been cross examined by the complainant. Documents of the opposite party – Exts. B1 to B3 marked. Ext.B1 is the details of the loan taken by the complainant and his wife from the opposite party under the agriculture scheme vide loan No.154/01 and 155/01. Ext.B2 is the copy of the despatch register showing that the opposite party sent intimation to the complainant regarding the gold loan. Ext.B3 is the letter sent by the opposite party to the Inspector of Co-operative Society, Alappuzha stating the details of the disputed matter of the complainant.
5. We have examined the whole aspects of this case and verified the document produced by both parties in evidence and perused the deposition of both parties. Complainant alleged that he had taken the loan amount mentioned above was in the scheme of agriculture purpose. The Exts.A1 and A2 show that the loan was under the heads of gold loan. Exts.A1 and A2 is silent with regards to the details of agriculture purpose. The exhibits show that the repayment of the loan was 4.3.2004 and 4.7.2004. The opposite party has contended that since the complainant had not repaid the loan amount and violated the conditions of the agreement, the opposite party had auctioned the item. Since the Exts. A1 and A2 is silent with regard to the purpose of the loan, it cannot be treated that the said loans was for agriculture purpose. The Exhibits further show that the period of the said loan was only for 3 months. It is further contended that the opposite party had waived two loan taken by the complainant and his wife vide loan No.154/01 and 155/01 was written off by the opposite party, since those loans were taken for agriculture purpose and which comes in the purview of Agriculture debt waiver scheme, 2008 (Ext.B1). Considering the details stipulated in the Exts.A1 and A2, the said loan was comes within purview of loan after pledging the ornaments. Complainant had not produced any documents to show that he had paid amounts before the opposite party by way of installments relating to the said loan. Exts. A1 and A2 further shows that complainant have to close the loan within 3 months. But he had not remitted the loan amount in time and violated the conditions. So, for the realization of the loan amount and its interest, the opposite party auctioned the gold item, after furnishing the details of auction steps to the complainant (Ext.B2). It is to be noticed that the complainant have filed the complaint on 16.10.2009 before the Forum, stating the allegations against the opposite party. The cause of action relating to this issue arises in the year 2004. There was inordinate delay was also occurred in filing the complaint. So, after considering the whole aspects of the matter, we are of the view that the allegations raised by the complainant cannot be treated as genuine, since it has no merit and we have further view that the steps taken by the opposite party was reasonable and cannot be treated as illegal. After verification of the documents in evidence, we are of the view that there is no deficiency in service or negligence on the side of the opposite party in conducting the auction of the pledged item. Since there was no deficiency in service or negligence on the side of the opposite party, complainant is not entitled to get any compensation and costs from the opposite party.
In the result, we are of the view that the prayer in the complaint cannot be allowed. Hence the complaint is to be dismissed.
Complaint dismissed.
Pronounced in open Forum on this the 31st day of January, 2011.
Sd/- Sri. K. Anirudhan:
Sd/- Sri. Jimmy Korah:
Sd/- Smt. N. Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
PW1 - P.R.Venugopal (Witness)
Ext.A1 - Gold loan token for Rs.6530/-
Ext.A2 - Gold loan token for Rs.7600/-
Ext.A3 - Letter dated 20.1.2009
Evidence of the opposite party:-
RW1 - Gopinadhan D. (Witness)
Ext.B1 - Copy of the Individual details of farmers eligible under
Debt waiver relief scheme – 2008
Ext.B2 - Copy of despatch register page Nos.65 & 67
Ext.B3 - Copy of the letter from the opposite party
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
