MR LAXMI NARAYAN PADHI, PRESIDENT… The case of the Complainant is that, he has two kishan credit cards with the O.P.1 vide A/C No. 84021907372 and 12331046361 and in the year 2004, he had availed financial assistance of an amount of Rs. 50,000/-from the O.P.1 under Kisan Credit Card scheme vide A/C No. 12331046361, after creation of mortgage for an amount of Rs. 3,00,000/- by executing a mortgage deed against his agricultural land of Ac.09.25 Cents and House site of Ac.0.08 Cents under Khata No. 49 and Plot No. 861 and 862 respectively vide Document No. 89/2004 of Dist. Sub Registrar, Nabarangpur on dt.31.01.2004. After full payment of the loan amount, he for purpose of Development of his agricultural, land took another loan amount of Rs.1,00,000/- vide other account No. 84021907372 and that too is repaid till date 27.08.2015. For further development he approached again the O.P.1 to advance an amount of Rs.3,00000/- to which the O.P.1 insisted on raising the financial assistance to Rs.4,40,000/- and as thus sought clearance from all other banks in the region, and legal opinion report, encumbrance certificate from the dist sub registrar, all which is complied by the Complainant, but after all the compliances met by the Complainant, incurring substantial expenditures and efforts, the O.P.1 for no reasons denied to have any further process to avail the assistance, arbitrarily. The Complainant approached the O.P. bank to at least renew the previous loan, with the same assistance of Rs.1,00,000/-, which request also denied. The Complainant further approached at least to cancel the mortgage of the Land, so that he could avail from another bank. To that request also the O.P.1 did not pay any heed, for which act of overtness and arbitrariness, the Complainant failed to have required development of his agricultural land, nor could he avail loan from other banks, thus sustained a great social, agricultural, financial injury, for the arbitrary action of the O.P.s for which he has filed this complaint with prayer to admit and allow the Complaint against all the O.P.s with compensation of Rs.50,000/-and cost of Rs. 5,000/-
The Complainant has filed the account statement of the previous loan amount, copy of encumbrance certificate by DSR, Nabarangpur, clearance letter from banks, copy of ROR for lands.
2. The O.P.No.2 and O.P.No.3 entered their appearance 23.05.2016 through their Counsels Mr.J.Khadanga and his associate advocates to file Vakalatnama and seeking adjournments. Further adjournments were also granted to dt.13.06.16, 29.06.16. 11.07.16, 25.07.16, 17.08.16 .03.09.16 and 19.09.16, but the O.P.s failed to file their counter version against the complaint, hence this forum proceeded to decide the case on merit.
The Notice along with Complaint sent to O.P.1 vide registered post returned with note that, the addressee is on leave. The higher ups of the O.P.1 as has entered their appearance, it is assumed that, the O.P.1 has got the notice, hence he is set exparte.
3. Kisan Credit Card is a credit card to provide affordable credit for farmers in India. Started in 1998 by the joint efforts of Government of India, Reserve Bank of India (RBI), and National Bank for Agriculture and Rural Development (NABARD) to help farmers access timely and adequate credit. It is an innovative credit delivery mechanism to meet the production credit requirements of the farmers in a timely and hassle-free manner. The scheme is under implementation in the entire country by the vast institutional credit framework involving Commercial Banks, RRBs and Cooperatives. The Scheme aims at providing adequate and timely credit to farmers in a comprehensive manner through a single credit limit. It will provide a simple procedure and eliminate repeated documentation and helps the farmer to get the credit at least inconvenience. It will provide the farmer the much needed flexibility in drawing money at the time of need. It takes care of both crop loan and investment credit requirement of the farmer.
4. In the instant case the Complainant has approached the O.P.1 for financial assistance under KCC Scheme of the Central Government, for facilitating adequate and timely credit to farmers in a comprehensive manner through a single credit limit in a timely and hassle-free manner. The O.P. bank, is a regional rural bank, established under Cooperative Act, has assumed a single time of mortgage in his favour for an amount of Rs.3,00,000/- by executing a mortgage deed against his agricultural land of Ac.09.25 Cents and House site of Ac.0.08 Cents under Khata No. 49 and Plot No. 861 and 862 respectively vide Document No. 89/2004 of Dist. Sub Registrar, Nabarangpur on dt. 31.01.2004. The KCC scheme does not require repeated documentation, and on the same documentation the Complainant can avail loan up to Rs.3,00,000/- for his agricultural purpose. Once, the bank has accepted the documentation, obviously at the cost of Complainant, unless there is contrary or repugnant to the purpose of the scheme, or viability , there is no reason why the bank should refuse, when he has already sanctioned an amount, and the amount is cleared in due time.
5. And at least, the bank could have released the mortgage, as above, and the Complainant could have approached the other banks for assistance, but the O.P.1 having failed, amounts to deficiency in service on the part of the OP.s, as defined under Sec.2 (i) (g) & (o) of the C.P.Act. Therefore the case of the complainant has been established by cogent, oral and documentary evidences. Due to inaction on the part of the OP-1 the complainant suffers from mental agony, financial losses & harassment and there by the complainant is entitled for compensation too, and as the malfeasance of the O.P.1 who is under the O.P.2 and O.P.3, the representatives of the Bank, all are vicariously and ostensibly responsible for the sufferance of the Complainant. In the result the complaint succeeds against the OP.s.
ORDER
i. The O.P.s are, hereby jointly and severally liable to pay the Complainant a Compensation of Rs.50,000/- in addition to a cost of Rs.5,000/-.
ii. The O.P.3 is hereby directed to inquire into the whole matter at his end, and pass direction to the O.P.2 and O.P.1 either to sanction financial assistance to the Complainant or release all the documents with liquidation of the mortgage as referred in para 5 above with immediate effect, within 30 days hence receipt of this order.
iii. The O.P.3 may also recover the above compensation amount from the erring officer, who is responsible for emergence of this litigation, with requisite proceeding against them.
iv. All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 19th day of Sept’ 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR
