O R D E R

By Smt. Saji Mathew, Member:-

The gist of the case is as follows:

The Complainant had taken an agricultural loan of Rs.1,00,000/- from the Opposite Party's Bank. The loan was sanctioned on the mortgage of three acres of land solely owned and possessed by the Complainant and 2 acres and 8 cents of land jointly owned by the Complainant, his brother T.E. Sunny and his father T. P. Eappen as per deed No. 1865/75 of S.R.O Sulthan Bathery as legal heirs of deceased Santha Eappen. The Complainant mortgaged 2 acres and 8 cents of land with permission of the above said co-owners as per their power of attorney dated 30.6.2006, produced before the Opposite Party. The Complainant got only 1/3 share in the property covered by the above said deed No.1865/75 of S.R.O Sulthan Bathery. The 1^st Opposite Party disbursed the entire loan amount to the Complainant. As per the Agricultural Debt Waiver and Debt Relief Scheme 2008 of the Central Government this loan is eligible for waiver including the interest and other expenses. But the 1^st Opposite Party, with some ulterior motive has included the Complainant in the category of other farmers. The reason stated by the 1^st Opposite Party is that the Complainant owned more than 5 acres of land. The Complainant has given complaint before the 2^nd Opposite Party but no benefit was given. The 1^st Opposite Party has included the Complainant in the list of 'other farmers' only to deny him the benefit of Debt Waiver. This is deficiency in service on the part of the 1^st Opposite Party. Therefore, the Complainant prays for an order directing the 1^st Opposite Party to waive the entire loan amount and interest as per loan No. KCC 4509 as per the Agricultural Debt Waiver and Debt Relief Scheme 2008 and to return the documents given as security. The Complainant also prays for a compensation of Rs.50,000/- and other costs.

2. The Opposite Parties filed their version and stated that the Complainant's claim that he is having below 5 acres of land is irrelevant since the land cultivated by him for which loan is availed is above 5 acres. The Complainant comes under the category of ' other agriculturists'. For such category, one time settlement is provided under the scheme. In such cases, the loanee is bound to deposit 75% of the overdue amount and the balance 25% will get the waiver. The Opposite Party has informed the matter to the Complainant asking him to settle the matter on or before 30.6.2009. The Opposite Parties pray for an order dismissing the complaint.

3. The Complainant filed proof affidavit and document was marked as Ext.A1 on the side of the Complainant. The Opposite Party has produced documents up on the order of the Forum and they were marked as Exts.X1 to X12. The Opposite Parties also filed proof affidavit and document was marked as Ext.B1 on the side of the Opposite Parties.

4. The matters to be decided are as follows:-

1. Whether there is any deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for any relief?

5. Point No.1:- The Complainant himself stated that he has pledged the documents of more than 5 acres of land. Of these of land, 2 acres and 8 cents property is jointly owned by 3 person, including the Complainant. The bank cannot be held liable if they did not consider and calculate the share of Complainant in the joint property. The property is pledged as a whole not the share of the Complainant itself. So, there is no deficiency in service on the part of the Opposite Parties for including the Complainant under the heading of 'other farmers'. Hence the point No.1 is found in favour of the Opposite Party.

6. Point No.2:- As there is no deficiency in service found on the part of the Opposite Parties, the Complainant is not entitled for any relief.

Hence, the complaint is dismissed.

Pronounced in open Forum on this the day of 27^th February 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

APPENDIX

Witnesses for the Complainant:

Nil.

Witnesses for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1. Copy of Letter. dt: 24.06.2009.

Exhibits for the Opposite Party:

B1. Copy of Circular No.41/2008. dt:05.06.2008.

X1. Copy of Deed. dt:18.04.1975.

X2. Copy of Power of Attorney. dt:30.06.2006.

X3. Copy of deed. dt:25.03.1986.

X4. Copy of Deed. dt:10.01.1985.

X5.(1 page) True Copy of KCCL A/C.1 (Loan Ledger)

X6. Copy of Receipt. dt:28.06.2006.

X7. Copy of Receipt. dt:10.07.2006.

X8. Copy of Certificate of Encumbrance

on Property. dt:30.09.2006.

X9. Copy of Certificate of Encumbrance

on Property. dt:28.09.2006.

X10. Copy of Possession Certificate to be

issued by Village Officer. dt:22.09.2006.

X11. Copy of Possession Certificate to be issued

by Village Officer. dt:27.09.2006.

X12. Copy of Possession Certificate to be issued

by Village Officer. dt:22.09.2006.