By. Sri. K. Gheevarghese, President:-
The complaint filed against the Opposite Party for denying the debt Relief offered by the Debt Relief Commission.
2. The complaint in brief is as follows:- The Complainant availed a loan from the 1st Opposite Party Bank and it was due from 2003 onwards. The Farmers Debt Relief Commission ordered a benefit of Rs.9,000/- to the Complainant and the conditions required by the Complainant was also satisfied. The 1st Opposite Party when ever approached by the Complainant they were not ready to give the benefit offered by the Debt Relief Commission. The Opposite Party's act is nothing less than deficiency in service and an unfair trade practice.
3. There may be an order directing Opposite Party to give the Complainant Rs.9,000/- with an interest at the rate of 12% from 29.06.2010 onwards along with cost and compensation of Rs.7,000/-.
4. The 1st Opposite Party filed version in short it is as follows:- The Complainant is admitted as a loanee from the 1st Opposite Party's Bank. The loan was closed on 09.02.2010 the order of the Kerala State Farmers Debt Relief Commission is subsequent to repayment of the loan amount. The 1st Opposite Party bank has no liability since the loan was closed by the Complainant. The Complainant suppress the fact that the entire liability was already repaid. The 1st Opposite Party's act is only according to the directions norms and provisions. The petition is frivolous and unsustainable and it is to be dismissed with cost.
5. The 2nd Opposite Party is declared exparte.
6. Points in consideration are:-
Is there any deficiency in service on the part of the Opposite Parties?
Relief and cost.
7. Points No.1 and 2:- The evidence in this case consists of the proof affidavit of the Complainant and Opposite Party, Ext.A1 to A3 and B1. The oral testimonies of the Complainant and 1st Opposite Party are also considered.
8. The dispute in issue is in respect of the non performance of the order of the State Debt Relief Commission. Ext.A1 is the final order of the Farmers Debt Relief Commission dated 26.08.2010. Ext.A1 undertakes the liability of the loanee towards the indebtedness of Rs.9,000/-. As per this order the balance amount Rs.7,500/- (out of the total amount fixed as Rs.16,500/-) shall be remitted by the loanee within one year from the date of the final order dated 26.08.2010. The Complainant in this case closed the liability repaying the entire amount. The complaint filed is to get back the amount Rs.9,000/- repaid by the Complainant. It is admitted by the Complainant that the Complainant closed the entire liability on 16.02.2010 and the documents kept in security were taken back. On examination of the Opposite Party as OPW1 it is stated that the type of loan availed by the Complainant belongs to non agricultural category. Ext.B1 is the copy of the circular issued by the Government of Kerala as a clarifications for the relief scheme. In Ext.B1 it is stated that if a loanee closes the loan liability and take back the documents pledged the benefit of the Debt Relief Commission is not considerable. The Complainant in this case closed the liability and had taken back the title deed pledged as security. The benefit of the Debt Relief Commission of Rs.9,000/- is not considerable in this case as the loan was closed earlier . There is no deficiency in service on the part of the Opposite Party.
In the result, the complaint is dismissed no order as to cost.
Pronounced in open Forum on this the day of 30th September 2011.
Date of filing:17.03.2011
PRESIDENT:Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:
PW1. Thankachan @ Varkey. Complainant.
Witness for the Opposite Parties:-
OPW1. Mathew. Manager, Co-operative Bank.
Exhibits for the Complainant:
A1. Copy of Final Order. dt:29.06.2010.
A2. Copy of Notice. dt:08.02.2010.
A3. Postal Acknowledgment.
Exhibits for the Opposite Parties:
B1. Copy of Circular.
