Orissa

Cuttak

CC/37/2014

Prafulla Kumar Biswal - Complainant(s)

Versus

Secretary,Kasikiary SCS Ltd - Opp.Party(s)

D Dash

24 Dec 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.37/2014

         Prafulla Kumar Biswal,

                       Vill:Khanduali Nuagaon,

                       PO:Khuntakata,P.S:Badamba,

                       Dist:Cutack.                                                                          … Complainant.

 

                Vrs.

 

1. Secretary,

Kasikiary SCS Ltd.,

Represented through its Chief Executive,

At:Kasikiary,PO:Mahulia,

                    P.S:Badamba,Dist:Cuttack.                                   

 

2. Branch Manager,

                   BCC Bank Ltd.,

                At/PO:Maniabandha,

              P.S:Badamba,Dist:Cuttack.

     3.   Secretary,BCC Bank Ltd., 

             At/Po Banki,Cuttack

        4.Depputy Director,Horticulture,Cuttack.                                 … Opp. Parties.

Present:               Sri Dhruba Charan Barik,LL.B. President.

​                            Sri Bichitrananda Tripathy, Member

 

Date of filing:   28.02.2014

Date of Order: 24.12.2016.

 

For the complainant:                             Sri D.K.Das,Adv. & Associates.

For the Opp.Party No.1,2 & 3:             Sri B.P.Das,Adv. & Associates.

For the O.P No.4:                                    Sri B.Pradhan(A/R)

 

Sri Dhruba Charan Barik,President.

                The complainant has filed this complaint before this Forum against the O.Ps on the allegation that they are deficient in rendering service to him and as such praying for a direction against them for appropriate relief in terms of his prayer in the complaint petition.

1. The facts of the complainant’s case stated in brief are that the complainant is a member of Kasikiary Service Co-op. Ltd. which is a registered body and carrying on its business of accepting deposits and lending money to its member only for the production activities within the area of its operation.  The O.P.1 is affiliated to O.P.3 and getting finance from O.P.3 through O.P.2.  The complainant had applied for a loan of Rs.5 lakhs to the O.P.3 through O.P.2 to establish a small nursery as per the report of the National Horticulture Scheme and he is also entitled to subsidy of Rs.1,50,000/- on the basis of the same amount of loan.  The said loan amount had already been sanctioned in favour of the complainant by the O.P.3 vide letter No.773 (3) dt.25.3.2009.  O.Ps 1 & 2 have also taken blank cheques from the complainant drawn on his S.B Account No.02930 on 22.7.2009 for the purpose of securing share capital amount to avail the above loan.  But the complainant has also deposited the required amount from his own fund on different dates for the said purpose.  Ultimately the loan amount of Rs.3,70,000/- was released in favour of the complainant in three installments on 22.7.2009,29.7.2009 and 30.3.2010.  He has also availed subsidy of Rs.91,990/- and the same amount has been kept by O.P.2 which would be adjusted after completion of the project.
2. His nursery project was  inspected by the O.Ps and the officers of the Horticulture Department.
3. On 20.5.2011 the complainant personally requested the O.P.2 to release the balance loan amount of Rs.1,30,000/- but the later refused to release it without any reason.  Therefore the progress of the project work was affected substantially.  On 19.5.2011 the complainant sent a representation to O.Ps.1,2 & 3 for release of the balance loan amount to complete the project work but of no avail.
4. It is specifically stated that the loan availed by the complainant is a need base loan and the O.ps are deficient in rendering services to him by not releasing the balance loan amount of Rs.1,30,000/- and the balance subsidy of Rs.58,110/- although the project work has already been completed in the mean time by incurring expenditure at his personal level.  The activities of the O.Ps are tantamount to deficiency in service on their part and as such they are liable to indemnify him in the interest of justice.
5. It is therefore prayed that the O.Ps 1,2 & 3 be directed to release the balance loan amount of Rs.1,30,000/- as well as balance subsidy of Rs.58,110/-  and to adjust subsidy against the loan amount and also to pay cost of litigation to him in the interest of justice.
6. Copies of loan sanctioned letter by O.P.3 which has been marked as Annex-1.  Copy of the loan ledger abstract of the complainant supplied by O.P.2 has been marked as Annex-2.  Copy of the representation as made by the complainant to O.Ps 1,2 & 3 for release of the balance loan amount has been filed and marked as Annex-3.  Though it has mentioned that copy of the joint verification report of the authorities has been filed but it is not available in the case record.
7. All the O.Ps entered appearance in this case.  But it is only O.P.4 who filed the written version of his case.  As such O.Ps 1 to 3 are set exparte.
8. The O.P.4 has not materially disputed the averments of the complainant in the written version of his case.
9. It is further revealed from the said written version  that as per the operational guideline, the project should be completed within one year for nursery having existing mother plants and 3 years in newly established nursery from the date of actual disbursement of first installment of loan.  The grace period of 6 months may be allowed in both the cases for completion of the work if necessary.
10. It is also revealed that the subsidy of Rs.91,990/- has already been released in favour of the complainant in two installments and thereafter the complainant requested the Deputy Director of Horticulture,Cuttack for release of the balance subsidy amount of Rs.58,110/- without mentioning the detailed balance work undertaken by him.  Therefore the Horticulturist,Athagarh had intimated the complainant vide his letter  No.144 dt.4.2.2012 to complete the remaining work by 10^th March,2012 positively  failing which the entire subsidy would be withdrawn.  The copy of the said letter has been filed and marked as Annex-13.  After completion of the project work the final joint verification is to be made for taking further course of action in the matter.
11. O.P.4 has filed copies of a bunch of documents about 15 in numbers relating to this case which are detailed below:

a.    Letter No.2490 dt.19.12.2008 of Dy. Director,Horticulture,Cuttack to Director of Horticulture- Annex-A.

b.    Letter No.2/137 dt.19.1.2009 of Director Horticulture to Dy. Director,Horticulture,Cuttack – Annex-B.

c.     Letter No.279 dt.23.9.08 of Branch Manger,Banki CCB Ltd. to Dy. Director Horticulture,Cuittack- Annex-C.

d.    Memo No.773( C ) dt.25.3.2009 of B.M,Banki  CCB  Bank to Dy. Director,Horticulture,Cuttack- Annex-D.

e.    Letter No.284 dt.29.7.09 of B.M,Banki  CCB Bank to Dy. Director,Horticulture-Annex-E.

6. Letter no.698 dt.2.3.2010 of Dy. Director,Horticulture,Cuttack to The Horticulturist,Athagarh- Annex-F.

 

7. Memo No.175 dt.4.3.10 of Horticulturist,Athagarh to The B.M,Banki Central Co-op. Bank- Annex-G.

 

 

8. Letter No.2290 dt.16.7.10 of Dy. Director,Horticulture,Cuttack to the complainant. Annex-H.

 

1. Letter no.1 dt.4.8.2010 of complainant to Director,Horticulture. Annex-I.

 

10. Letter No.140 dt.14.1.2011 of Dy. Director,Horticlture,Cuttack to The Horticulturist,Athagarh. Annex-J.

 

 

11. Memo No.65 dt.25.1.2011 of Horticulturist,Athagarh to B.M,Banki Central Co-op Bank. Annex-K.

 

      l.Letter no.2820 dt.19.8.2011 of Dy. Director,Horticulture,Cuttack to The Horticulturist,Athagarh – Annex-L.

 

 

13. Letter No.144 dt.4.2.12 of Horticulturist,Athagarh, to complainant- Annex-M.

 

     n.Letter No.234 dt.3.3.12 of Horticulturist,Athagarh to B.M,Banki Central Co-op Bank Ltd.Maniabandha- Annex-N.

 

• Letter No.254 dt.20.3.12 of Horticulturist,Athagarh to Dy. Director of Horticulture,Cuttack Annex-o.

 

12. We have gone through the case record and documents filed by both the sides carefully and heard the learned counsel for the complainant. 
13. It is an admitted fact that the balance loan amount of Rs.1,30,000/- and balance subsidy amount of Rs.58,110/- have been kept with the O.Ps to be released in favour of the complainant after completion of the project work.  But the complainant has emphatically stated that he has already completed the project work by incurring expenditure at his personal level and requesting the O.ps to release the balance loan amount as well as the subsidy in his favour.  Not a single scrap of paper has been filed by the O.Ps 1,2 & 3 to the contrary and as such they have been set exparte.
14. From the written version of the case filed by O.P.4 it is found that final joint verification of the project work of the complainant is to be made for taking further follow up action at his level.  This written version of the case was filed on 21.4.2014 i.e. after lapse of about 2 years of the last date given to the complainant by the O.P for completion of his project work.  It is not known as to why no joint verification of the project work has been done as yet even after lapse of 2 years of the date line given by the O.P to the complainant.  Hence ordered;

ORDER

                The prayer of the complainant is allowed on contest against O.P.4 and exparte against O.Ps1,2 & 3.  The O.Ps 1,2 & 3 are directed to release the balance loan amount of Rs.1,30,000/- together with balance subsidy amounting to Rs.58,110/- in favour of the complainant after being satisfied and on making joint verification that the project work undertaken by the complainant has been duly completed in time.  In the facts and circumstances of the case there is no order as to cost.  This order shall be given effect to after expiry of 45 days of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 24^th    day of December, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                        President.

                                                                                                                (Sri B.N.Tripathy )

                                                                                                                        Member.