DATEOF FILING : 10.12.2009.

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of March, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.234/2009

Between

Complainant :  Mohanan,

Kapyarukunnel House,

Konnathady P.O.,

Idukki District.

(By Adv: Praveen K. George)

And

Opposite Party : The Secretary,

Konnathady Service Co-operative Bank,

Konnathady P.O.,

Idukki District.

(By Adv: Manoj. T.K.)

O R D E R
 

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)
 

The complainant who is an agriculturist availed a loan of Rs.5,000/- from the opposite party bank as loan No.KCC 1466. The complainant was not able to repay the amount promptly because of the loss of income. The central government has declared an Agricultural Debt Waiver and Write off scheme in 2009. The loan of the complainant is also entitled to get the benefit under the scheme. The opposite party has included the other loans of the same category in the Write off scheme, but the loan of the complainant was not included in the Write off scheme declared by the Government. The complainant filed a petition before the Redressal Officer of the Debt Relief scheme because the explanation given by the opposite party is not genuine. The Redressal Officer replied, stating that the complainant is not entitled to get the benefits under the scheme because the loan of the complainant was not due on 31.12.2007. On enquiry, the complainant revealed that the loan of the complainant was due on 31.12.2007 and the opposite party submitted false details to the Redressal Officer so the application by the complainant was rejected. A notice was issued by the opposite party to the complainant stating that the loan of the complainant was due on 31.12.2007. So this petition is filed for giving direction to the opposite party to include the loan in the Debt Waiver and Relief scheme declared by the Government.
 

2. The opposite party filed a written version admitting that the complainant received the loan of Rs.5,000/- as KCC 1466 from the opposite party bank. As per the bond signed by the complainant and the sureties on 15.3.2007, it is written that the amount will be repaid on 14.3.2008. So the loan become due only on 15.3.2008, if the complainant makes default in payment. As per the scheme declared by the government, the agricultural loan availed up to 31.3.2007, which are due in 31.12.2007 are entitled to get the benefits of the scheme for due amount up to 29.2.2008. So the complainant's loan was not included in the scheme because it was not eligible for the same. The date fixed for the repayment of the complainant's loan was on 15.3.2008, 15.3.2009 and 15.3.2010. The loan become due only on 15.3.2008 because of non-payment. These details were informed to the complainant and there is no deficiency in the part of the opposite party.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Exts. P1 to P3 marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R5 marked on the side of the opposite parties.
 

5. The POINT:- The complaint is filed for getting benefit under the Agricultural Debt Waiver and Debt Relief Scheme declared by central government, in 2008. The complainant was examined as PW1. Ext.P3 series are receipts issued from the opposite party for the payment of money. Ext.P1 is the letter issued from the Redressal Officer to the complainant stating that complainant's loan is not eligible to get benefit under the scheme declared by the government. PW1 is working as sweeper in government L.P.School, he was working for last 5 years. The loan availed by the complainant was to be renewed in every year. The last renewal was in 2006. There is no order received from the opposite party as per the scheme. The interest received by the opposite party is Rs.95/- last year instead of Rs.400/-. So the complainant thought that he was included in the scheme. No application was filed by the complainant to include in the Debt Waiver scheme and a letter was received from the opposite party on 31.12.2007 stating that the loan of the complainant was due on 13.12.2007. Total due is written as 5,429/-. So the loan amount was due on 13.12.2007. The manager of the opposite party was examined as DW1. Ext.R2 is loan application given by the complainant for Rs.5,000/-. Ext.R3 is the circular issued from the Kerala Co-operative Bank Ltd. Ext.R4 is the circular issued from NABARD on 23.5.08. Copy of the ledger of the complainant's loan account is Ext.R5.
 

The opposite party issued a notice to the complainant dated 13.12.2007 stating that “

“

So as per PW1, the letter was received from the opposite party stating that loan availed by the complainant is due on 13.12.2007. So the complainant is entitled to get the benefit under the Agricultural Debt Write off and Debt Relief scheme declared by the government as per Ext.R4 circular. But the opposite party contended that Ext.P2 is only the reminder and it was sent for intimating the complainant that the loan is going to be due. The loan received on 15.3.2007 and it was a KCC loan, it should be renewed in every year. The dates for renewal of the loan are on 15.3.2008, 15.3.2009 and 15.3.2010 etc.. If the complainant is not paying the loan after expiry of 1 year that is on 15.3.2008, the loan becomes due. So the loan of the complainant is not due at 31.12.2007. As per Ext.R4 circular, in clause No.4b ( i ), the loan which are availed within 31.3.2007 and which are due on 31.12.2007 are eligible for the benefit of the scheme for the amount due up to 29.2.2008. But the complainant was not a defaulter of loan and the loan was not due on 31.12.2007. So the complainant is not entitled to get the benefit under the Agricultural Debt Write off and Debt Relief Scheme of the Central Government. This matter was duly informed to the complainant by the Redressal Officer of the Debt Waiver Scheme by Ext.P1 reply notice. So there is no deficiency is seen from the part of the opposite party.

Hence the petition is dismissed. No cost is ordered against the complainant.

Pronounced in the Open Forum on this the 31^st day of March, 2010.

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Mohanan.

On the side of the Opposite party :

DW1 - Janardhanan Nair V.K.

Exhibits :

On the side of the Complainant :

Ext.P1 - The letter issued by the Redressal Officer, District Co-operative Bank, Idukki, dated 24.7.2008, to the complainant.

Ext.P2 - Notice dated 13.12.2007, issued by the Secretary, Konnathady Service Co-operative Bank Ltd.

Ext.P3 (series) - Cash receipts dated 22.2.2006, 7.3.2007 and 7.3.2007issued by the opposite party for the payment made by the complainant.

On the side of the Opposite party :

Ext.R1 - Copy of the surety bond signed by the complainant towards the Konnathady Service Co-operative Bank Ltd.

Ext.R2 - Copy of the loan application given by the complainant for Rs.5,000/- dated 20.3.2007.

Ext.R3 - Copy of the circular dated 11.3.2008, issued by the Kerala State Co-operative Bank Ltd.

Ext.R4 - Copy of the circular No.CPD/1566/PL-14/2008-09 dated 23.5.2008, issued by the NABARD.

Ext.R5 - Copy of the ledger of the complainant's loan account.