IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR Present: Sri.K.Gopalan: President Smt.K.P.Prethakumari: Member Smt.M.D.Jessy: Member Dated this, the 8th day of October 2009 CC.131.2007 Louis Areekkattu, Edavaramba P.O., Pulingome Amsom, Complainant Taliparamba Taluk. (Rep. by Adv.Joe George) Secretary, The Taliparamba Primary co.op. Agriculture and Rural Development Bank Opposite party H.O.Payyannur, Perumba, P.O.Payyannur. (Rep.by Adv.K.P.Ramesan) O R D E R Smt.K.P.Preethakumari, Member This is a complaint filed under section 12 of consumer protection Act for an order directing the opposite parties to pay Rs.7129/- with 12% interest, compensation and cost. The case of the complainant is that he is an agriculturist and a regular and prompt customer of opposite party for the last more than15 years and had availed several loans including loan nuymber285 for diary development to the tune of Rs.26, 900/- in the year 2000 and for Vanilla cultivation to the tune of Rs.35, 000/- in the year 2004. Since the both loans are for agricultural and diary development, the complainant is entitled to get one year interest subsidy as per the terms and conditions of the loan transactions. He has remitted the whole balance amount pending on 4.3.06 and 31.10.65 and the accounts were closed. But the opposite party compelled the complainant to remit Rs.1, 474/- and Rs.5155/- towards subsidy adjustments and the complainant remitted the amount to opposite party and hence the benefit of interest subsidy was denied to the complainant by the bank. But on enquiry the complainant came to know that the opposite party is reluctant to give the subsidy benefit to the customers and for that reason they are creating misconception regarding the policy of subsidy in the minds of the customers. It is evident from the fact that it has closed the complainant’s accounts on receiving the balance amount first and then collected the interest subsidy from the complainant through another payment. So the complainant has issued a registered lawyer notice on 20.12.06 calling upon the opposite party to repay the amount with interest. But opposite party instead of repaying issued a reply notice with untenable contentions. Hence this complaint. On receiving the notice from the Forum opposite party appeared through Adv.K.P.Rameshan and filed version with the following contentions. The opposite party admits that the complainant had availed loans including loan account No.285 for Dairy development to the tune of Rs.26, 900/- in the year 2000 and loan account 11/03-04 for an amount of Rs.35, 000/- in the year 2004. But denied the contention that the complainant is entitled to get one year interest subsidy as per the terms and conditions of the loan transactions etc. The opposite party further admits that the complainant has remitted the whole balance amount pending on 4.3.06 and 31.10.06 and was closed on the same day. The opposite party further denied the contentions that they had compelled the complainant to remit Rs.1, 474/- and Rs.5, 155/- towards interest subsidy and remitted the amount to opposite party bank and the benefit of interest subsidy was denied to the complainant etc. According to opposite party as per the norms and government orders prevailing time to time, the complainant is not entitled to get the interest subsidy. As per the G.O.No.62968/2004 Revenue dt.16.3.05, the interest subsidy is entitled to those who are availed a loan in between 29.12.01 to23.1.04for an amount of Rs.50, 000/- from the co-operative bank for agricultural purpose. The complainant was availed the loan on 24.1.2000 and 9.3.04 respectively. The bank has claimed interest subsidy as per the provisions of the government orders and the total amount claimed was Rs.1, 52, 21,455/-. But the government has sanctioned an amount of Rs.30, 11,336/- and the bank has given benefit of interest subsidy to those persons who are entitled. The opposite party denied the averment that the complainant is entitled to get interest subsidy. The complainant was not paid any excess amount to the bank. He is not entitled to get any excess amount. More over the opposite party contended that the complaint is not maintainable before the Forum. Since it is a dispute between the member and a co-operative society and hence the complaint is liable to be dismissed. Upon the above contentions the following issues have been raised for consideration. 1. Whether the complaint is maintainable. 2Whether the opposite party has shown any deficiency/ 3. Whether the complainant is entitled to get any relief? 4..Relief and cost. The evidence in this case consist of the oral testimony of PW1, DW1 Exts.A1 to A8, and B1 to B4 Issue No.1 The opposite party contended that the subject matter to the case is a dispute between the member and a cooperative society and hence it is not maintainable before the Forum as per section 69 of co-operative societies Act. But it is a well settled principles that the dispute between the member and a co-operative society is maintainable before the Forum since the Hon’ble supreme court in Secretary, ThiruMugham co. operative Agricultural Credit society Vs.M.Lalitha was held that the C.P.Act 1986 was in addition to and not in derogation of any other law for the time being in force and the same was reported in 2004(I) CPR 35 SC. So the complaint is maintainable before the Forum and the issue No.1 is found in favour of the complainant. IssueNo.2 to 4 The case of the complainant is that he had availed two loans as Agriculture in the year 2000 and 2004 for an amount of Rs.26,900/- and Rs.35,000/- respectively and is entitledto get one year interest subsidy from 23.1.04 up to one year since his loan is below Rs.50,000/- as per government orders. The opposite party admits that he had taken the above loans for Agricultural purposes. The opposite party also admits that he had repaid the loan and closed the account on 4.3.06 and 31.10.06. The complainant has produced Exts.A2 and A4 receipts which shows that opposite party has received Rs.1474/- and Rs.5155/- as interest subsidy for the above said loans. According to the opposite party as per the Govt. Order No.62965/P3/2004 revenue dt.16.3.05, ie.B1, the interest subsidy benefit is entitled to those who are availed a loan in between 29.12.01 to 23.1.04 for an amount below Rs.50, 000/-. But the Ext.B3 i.e. Photocopy of circular No.15/05 issued from Registrar of co. operative societies, it is seen that those persons who had availed loan before 29.12.01 which is pending on 23.1.04 is eligible for the subsidy amount. So according to the Ext.B3, the loan availed as per account No.285 during 2000 is eligible for the interest subsidy from 23.1.04 up to one year. More over the DW1 deposed that”]cm-Xn-¡m-c\v loan subsidy In«m³ AÀlX-b-p-s-¶p-Im-Wn¨ Kh¬saân-te¡v claim Ab-¨n-«pv . Circular No.41/02 dt.1.11.02 {]Im-cT ]cm-Xn-¡m-csâ loan account 285  Bdvam-ks¯ ]eni Cf-hn-\v-AÀl-X-bp-v. Circular No.24/04 dt.16.7.04 {]Im-cT 23.1.04 apX Hcp hÀj-t¯¡v ]cm-Xn-¡m-c-\p ]eni Cf-hn-\p-AÀl-X-bpv ` More over in Ext.B4 which is also issued from Registrar of co. operative society’s office dt.22.10.08. It is stated that “ tIcf ImÀjnI ISm-i-zk ]²-Xn-bnÂIo-gn kT-k-v-Ym-\s¯ kl-I-c-W-k-T-L-§Ä¡v /_m¦p-IÄ¡v 29.12.01 \p ap³]pT AXn-\p-ti-j-hpT hn-X-c-WT sNbvX 50000 cq] hsc-bp-ff ImÀjnI IS-§Ä¡v 23-.1-.04 apX Hcp hÀj-s¯- ]-en-Ä-C-fhp A\p-Iq-e-ambn C\n-e-`n-¡m³ AÀl-X-bp-f-f-Xmbn Is¯n “. So as per this the complainant is entitled to get interest subsidy for the other loan which is taken during 2004 also. Above all DW1 deposed that ]cm-Xn-¡m-csâ claimKh¬saân\p sImSp-¯n-«p-v. AXp \ne-hn-ep-v. So from the available evidence on record it is clear that the complainant is entitled to get the subsidy of loan interest from 23.1.04 up to one year ie.23.1.05. InExt.B3 it is clearly stated the way of crediting the subsidy amount in the account. It clearly says that hb--\mSv PnÃ-sbm-gn-sI-bp-ff PnÃ-I-fn-se-IÀj-IÀ¡v 23-.1-.04-ap-X 1 hÀj-s¯¡v Ah-sc-Sp-¯n-«p-ff ImÀjnI hmbv]¡v samtdm-t«m-dn-bT A\p-h-Zn-¨n-«p-f-f-Xn-\m-epT Sn Ime-b-f-hnse ]en-i-bpT ]ng-]-en-i-bpT kÀ¡mÀ dnC-T-t]gvkv sNbvXp \ÂIp-sa-¶-Xn-\m-epT Sn XpI hmbv]¡m-csâ IW-¡n hc-hp-sh¨ tijT kÀ¡m-cnÂ\n-¶pT e`n-¡m-\p-f-f-Xmbn dnt¸mÀ«n ImWn-t¡--XmWv“. The DW1 deposed that Bank  subsidy In«m-dp-p. subsidy bank \p t\cn«v e`n-¡p-I-bpT AXp hmbv]¡m-cpsS loan hc-hp-sh¨p sImSp-¡p-I-bp-am-WvsN-¿m-dv. Kh¬saâp \nÀtZ-i-ap-s-¦n hmbv]-¡m-cpsS account At¸mÄXs¶ hc-hp-sh-¡p-¶-XmWv. But instead of this the opposite party has received the interest subsidy from the complaint for the two loans. So it is clear that there is deficiency on the part of the opposite party for which they are liable to compensate the complainant by refunding the received amount of Rs.1474/- from loan account No.285 and Rs.5155/- from loan account.011/0304 with a compensation of Rs/1000/- with Rs.500/- as cost and the complainant is entitled to receive the same. In the result, the complaint is allowed directing the opposite party to refund Rs.1474/- from loan Account No.285 and Rs.5155/- from loan account No.011/0304 along with a compensation of Rs.1000/- with Rs.500/- as cost to the complainant within one month from the date of receipt of this order, failing which the complainant is at liberty to execute the order against the opposite party under the provisions of consumer protection Act. Sd/- Sd/- Sd/- President Member Member APPENDIX Exhibits for the complainant A1 to A4.Receipts issued by OP dt.4.3.06 and 31.10.06 A5.Copy of the lawyer notice sent to OP A6.Postla AD A7.Reply notice A8.Copy of the circular No.25/04 dt.16.7.04issued byCo.op.Registrar TVM,. Exhibits for the opposite party B1.Certified copy of the reg. gehan No.3/00 executed by complainant B2.Copy of the Govt.Order No.62968/p3/2004 Revenue B3. Copy of the circular No.15/04 dt.28.5.05issued by Co.op.Registrar TVM,. B4.Copy of the letter dt.22.10.08 No.6030/08 of Co.op,Registrar, Tvm. Witness examined for the complainant PW1.Complainant Witness examined for the opposite party DW1.B.Chandramathi /forwarded by order/ Senior Superintendent Consumer Disputes Redressal Forum, Kannur
......................GOPALAN.K
......................JESSY.M.D
......................PREETHAKUMARI.K.P | | 
