BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 29th day of January, 2010
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER C.C No.203/2009 Between Complainant : Mani S/o Pappunadar, Pampukulam Puthuval, Heliberiya P.O, Elappara - 685 601, Idukki District. And Opposite Party : The Secretary, Peerumedu Taluk Co-operative Agricultural & Rural Development Bank Limited No.I-273, Head Office, Elappara, Idukki District. (By Advs: A.M.Michael & Prazeeda.K.Pillai) O R D E R SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Complainant availed 3 loans from the opposite party bank as loan Nos.280/P, 481/LD and 307/H for agriculture and housing purposes. Complainant received a notice from the opposite party bank to pay an amount of Rs.1,16,153/-. Complainant approached the bank on several times and demanded for the statement of accounts. But the opposite party denied the same. So, the loan availed by the complainant became due. The agricultural loan of the complainant was entitled to include in the write off scheme of the Central Government. But the opposite party never give any relaxation for the loan as per the circular of the Central Government. It is directed by the opposite party to pay an amount of Rs.74,357/- as interest. The opposite party never performed as per the directions of the Supreme Court in the fixation of the interest rate in Co-operative banks. The opposite party never issued any statement of account to the complainant. So the petition is filed for getting the benefit under the Debt Waiver and Debt Relief Scheme of the Central Government and also for getting instalment facility in the balance amount.
2. The opposite party filed a written version stating that the the complainant availed 3 loans from the opposite party bank and the details of the loan are mentioned as :
Loan No. | Purpose of Loan | Loan amount & Date | Duration | Repayment Dates | 481/LD | Construction of Boundary wall(Kayyala) | Rs.10,000/- 15.11.2001 | 10 years | Ist of April in every year | 280/P | For pepper cultivation | Rs.6,000/- -15.11.2001 Rs.3,000/- - 3.02.2003 Rs.9,000/- | 10 years | Ist of April in every year | 307/H | House Construction | Rs.30,000/- - 8.11.2001 Rs.40,000/- - 10.02.2003 Rs.30,000/- - 27.03.2003 Rs.1,00,000/- | 15 years | Within 3 months |
Loan No.481/LD - Repayment and Arrear details
Repayment Date | Interest | Principal | Payment Date | Penal Interest | Remarks | 01/04/02 | 488/- | - | 04/03/02 | - | - | 01/04/03 | 1300/- | 540/- | 27.03.2003 | - | - | 01/04/04 | 2368/- | 938/- | 23.06.2007 | 654/- | Amount paid togther | 01/04/05 | 01/04/06 | 1023 | 1050 | 3391 | 1988 | 01/04/07 | 897/- | 1176/- | - | 130/- | Inlcluded in the write off scheme. Not paid | 31.03.2004 | 650 | - | - | - | Claimed from Govt. Not yet received. | 01/04/08 | 758/- | 1317/- | - | 254/-(Till the date of notice 8.05.09) | Not paid | 01/04/09 | 597/- | 1476/- |
Loan No.280/P - Repayment and Arrear details
Repayment Date | Interest | Principal | Payment Date | Penal Interest | Remarks | 01/04/02 | 293/- | - | 14/05/2002 | - | - | 01/04/03 | 780/- | - | 27.03.2003 | - | - | 23/06/03 | - | - | 23/06/03 | - | - | 01/04/04 | 1130/- | - | 23.06.07 | - | - | 01/04/05 | 1020/- | - | 01/04/06 | 1020/- | - | 30/06/08 |
| Inlcluded in the write off scheme. Not paid | 01/04/07 | 1020/-
| 1435/-
| 01/04/08 | 860/- | 1599/- | 28/06/09 | - | Rs.1082/- and interest Rs.860/-included in the subsidy of the Government | 30/06/08 | - | - | 30/06/08 | 158/- | - | 28/06/09 | - | - | 28/06/09 | 314/- | - | 01/04/08 | Balance principal | 517/- | - | - | - | 01/04/09 | 677/- | 1780/- | - | - | - | 08/05/09 | - | - | - | 307/- | Not repaid |
In loan No.307/H which was availed for the construction of residential building there is a due of Rs.32,115/- as loan amount as on 8.05.2009, there is a due of Rs.55,578/- as interest, and Rs.15,326/- as penal interest as on 8.05.2009. The bank is not entitled to give any relaxation under the Debt Waiver and Debt Relief Scheme for the housing loan of the complainant. So the complainant is not entitled to get any further relaxation from the opposite party bank and the petition may be dismissed.
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(series) and P2 marked on the side of the complainant. No oral evidence adduced by the opposite party and Exts.R1 to R3 marked on the side of the opposite parties.
5. The POINT :- The complaint is filed for getting the benefit of write off of agricultural loans under the Debt Waiver and Debt Relief Scheme announced by the Central Government. Complainant availed 3 loans from the opposite party bank. Ext.P1(series) is the receipts issued by the opposite party bank for the payment of the loan amount. Loan No.481/LD dated 15.11.2001 was for the purpose of construction of boundary wall(Kayyala). The term of the loan was for 10 years. The due date for the payment of the loan was on Ist April. As per cross examination of the learned counsel for the opposite party, the complainant admitted that the entire amount and interest upto 1.04.2006 were paid on 23.06.2007. The loan instalments from 1.04.2006 to 1.04.2007 comes around Rs.1,176/- and interest Rs.897/-, were not paid by the complainant. That was included in the write off scheme of the Central Government on 30.06.2008. Rs.9,000/- was received as loan as No.280/P dated 15.11.2001 was for pepper wine cultivation. The period of loan was for 10 years. The entire dues of the loan upto 1.04.2006 were paid on 23.06.2007. The balance amount and its interest upto 1.04.2007 were included in the write off scheme of the Government on 30.06.2008. PW1 is not aware of these facts. Again on 28.06.2009 the loan instalment Rs.1,082/-and interest Rs.860/- were included in the subsidy of the Government. PW1 is not aware of these facts also. The loan No.307/H dated 8.11.2001 was availed as housing loan. The period of loan was for 15 years. That was not paid by the complainant. In that loan amount Rs.32,115/- as loan, Rs.55,578/- as interest and Rs.15,326/- as penal interest were due to the bank by the complainant. The housing loan cannot be included in the Debt Waiver and Debt Relief Scheme of the Central Government. A notice was received from the opposite party bank stating that the complainant's loans cannot be included in the write off scheme, which is marked as Ext.P2. The opposite party produced the circular of Agricultural Debt Waiver and Debt Relief Scheme 2008 from the Ministry of Finance, which is marked as Ext.R1. Another circular issued from the Ministry of Finance regarding the Agricultural Debt Waiver and Debt Relief Scheme 2008 is marked as Ext.R2. Ext.R3 is the ledger copy of the loan account of the complainant in the opposite party bank. As per the opposite party the housing loan availed by the complainant cannot be included in the Agricultural Debt Waiver and Debt Relief Scheme 2008 of the Central Government. As per the circular produced by the opposite party, the entire loan amount which are due on 31st March 2007 can be included in the scheme of the Government. The complainant was given benefits under the scheme in Loan No.280/P, which was availed for cultivation of pepper wines. The entire loan amount and interest from1.04.2007 to 30.06.2008 were included in the scheme of the Government on 30.06.2008. Loan No.481/LD dated 15.11.2001 which was availed for the purpose of constructing boundary wall(kayyala). The loan instalments from 1.04.2006 to 1.04.2007 and interest of that period were included in the scheme of the Government on 30.06.2008. So we think that the opposite party acted upon the Agricultural Debt Waiver and Debt Relief Scheme 2008, circular issued by the Ministry of Finance. As per the circular, a part of the complainant's loans were included in the write off scheme of the Government. But the housing loan cannot be included in the scheme. So there is no deficiency is seen from the part of the opposite party.
Hence the petition dismissed. No cost is ordered against the complainant.
Pronounced in the Open Forum on this the 29th day of January, 2010
Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT) Sd/- I agree SMT.SHEELA JACOB(MEMBER) Sd/- I agree SMT.BINDU SOMAN(MEMBER)
APPENDIX Depositions : On the side of Complainant : PW1 - P.Mani On the side of Opposite Parties : Nil Exhibits: On the side of Complainant: Ext.P1(series) - Cash Receipts(9 Nos) Ext.P2 - Photocopy of Notice dated 6.11.2009 issued by the opposite party On the side of Opposite Parties Ext.R1 - Photocopy of Circular regarding the Agricultural Debt Waiver and Debt Relief Scheme 2008 Ext.R2 - Photocopy of Circular regarding the Agricultural Debt Waiver and Debt Relief Scheme 2008(Implementation Circular 1/2008) Ext.R3 - Photocopy of Loan Ledger of the complainant | 
