MR LAXMI NARAYAN PADHI, PRESIDENT… The grievance of the complainant is that, he is an young educated having diploma in engineering opted for self employment through establishing a fly ash bricks manufacturing unit at Gadabaguda village at Nabarangpur District through assistance under PMEGP. On application, the nodal committee under the head of G.M., DIC, Nabarangpur approved the project and sponsored it to the OP.1 i.e. B.M., UCO Bank, Miriganiguda Branch for financing, in March’2014. The project wqas proposed to be in the name & style as M/S Sreeya Bricks. For the purpose, the complainant had acquired a land of Ac. 01.17 cents in Gadabaguda Mouza bearing Khata No.212/649 & plot No.121/1070 categorized as Gharabari, through lease hold for 99 years from the State Govt. represented by collector, Nabarangpur vide Regd. Serial No.133110159, document No.1588-32 in book volume I on dt.26.12.11 in the file of Dist. Sub.Registrar, Nabarangpur on payment of premium of Rs.65,374/- & Regn fees of Rs.1569/-. As thus, the land is mutated to the name of M/s Sriya Bricks @ Ashok Dash, i.e. the complainant. The complainant has also been paying the revenue pertaining to the land up to date till 2013-14. The term loan applied for under the project was for Rs.18,45,000/- which is inclusive of subsidy of 25% as application under the scheme of PMEGP. After due scrutiny the bank issued sanction letter vide lr.no.60/2013-14 dtd.29.03.14, and on deposit of Rs.2,45,000/- on dt.31.03.14 by the complainant with the bank, the bank disbursed the 1st installment against the loan amounting to Rs.30,000/- against loan a/c no.28490610000632 and on dt.24.05.14 the OP.1 again debited an amount of Rs.13,475/- towards credit guarantee fees as per CGTMSE scheme. It is further stated that, the complainant being the holder of ROR over the land as above, is capable of creating mortgage on the land without intervention of any party, with additional clarification of the Collector, Nabarangpur to the effect that, as per OGLS rules though the lessee, i.e. the complainant utilize the land for purpose other than fly ash brick manufacturing, in the question of mortgage No further permission is required. Vide his lr.no.1274/XXIII/104-14 dt.5.9.14, the OP.1, 2 & 3 insisting on unlawful demand of written specific permission from Collector to mortgage the land in favour of the OP. Bank, has stopped further disbursement of the loan amount, thus inflicting great injury, to the future prospects of the complainant, including unnecessary financial burden including harassment, for which aggrieved of the arbitrary action of the OP.s the complainant is filed with prayer to allow the complaint with compensation of Rs.1,00,000/- inter alia direction to OP.1 to OP.4 to disburse the balance loan amount and OP.6 to issue no objection certificate to mortgage the land in favour of the OP Bank.
2. The complainant has adduced sanction letter no.60/2013-14 dt.29.3.14, of OP.1, loan account statement, copy of pass book of A/c no.28490110006788, copy of ROR, copy of revenue rent receipts, copy of lease agreement with Govt. lr.no. 1274 dt.5.9.14 of Collector, Nabarangpur, lr.no.670 dt.23.3.15 of A.D.M etc.
3. On notice, the OP entered his appearance on dt.14.9.15 & filed his counter, contending that, the proposal of establishing fly ash bricks industry by complainant on land at Gadabaguda bearing khata No.215 & plot no.121, Kisam Abad Joqya Arubadi measuring to Ac.1.17 cent was sponsored by DIC, Nabarangpur, which was sent to zonal office of the bank i.e. OP-2 which in turn sent the case for certain compliances vide lr.no.ZO/BBSR/ARBD/2013-14 dtd.3.2.14 with note that, lease deed or consent letter by the owner of the plot of loud where the proposed unit to be set up, permission from Govt. to offer the land as primary security”. A copy of which is handed over to the complainant on dt.7.3.14 the complainant submitted one letter stating that, he has applied for sanction of Collector to offer the land as primary security, and that after receipt of the said letter, the OP.2 sanctioned the loan amount of Rs.22,05,000/- (Rs.18,45,000/-) as term loan and Rs.3,60,000/- as cash credit with condition that, EMTD of the plot of and on which plant is to be set up, and the sanction advise was also handed over to complainant that, on 31.3.14 on the written application of the complainant loan amounting to Rs.30,000/- was disbursed only to facilitate the claim of subsidy, which otherwise would have been lapsed. The land obtained on leasehold by the complainant, as per stipulation in para 6 of the said lease agreement, it could not be offered as primary security without permission of the Collector, Nabarangpur and though after repeated reminders, the complainant could not get permission as such, and collector also was silent over creation of bank charge over the land against the loan, hence the OP. bank could not disburse the 2nd installment of the loan. The complainant also had filed the complainant on the same point, before the Ombudsman, & CMD, which was dropped, hence there is no deficiency on the part of the OP.s, as such the complaint should be dismissed.
4. The OP.no.5 appeared and filed his counter on 21.09.2015, contends that, as the plot no.121 under Khata No.215 of Gadabaguda mouza is leased out to the complainant for use of manufacture of fly ash bricks and thereafter the same plot has been mutated in the name of complainant, and that no law of the land requires further permission from the Collector, Nabarangur for offering of the said plot of land as security of the loan. He further added that, Rs.7,00,000/- to Rs.8,00,000/- has already been invested by the complainant in process initial for establishment of the fly ash bricks manufacturing unit, three phase electrification has been done, bore well dug and watchman shed already been constructed. Hence, he prayed to direct the OP.1 to disburse the loan amount in the interest of successful implementation of PMEGP scheme.
5. Pleadings of the parties stands as thus, this forum finds elements of reconciliation over the dispute, hence called upon the parties for the purpose, all the parties agreed to the proposal of re4conciliation, and as thus an order was passed fixing the date 09.11.2015 to the effect, to which all the parties subscribed unanimously.
ORDER DATED 09.11.2015 PASSED IS READ AS THUS:
The complainant is present today. The B.M. UCO Bank Branch, Miriganiguda representing the OP.1,2,3 & 4 has submitted his hazira along with his counsel Sri U.S.Tripathy. The OP.6 represented through the Lrn Govt. Pleader Sri Ahmed is also present.
All the present above has agreed to reconcile the grievance of the complainant. The only contention of the bank is that, the Collector, Nabarangpur shall permit to create charge over the land through mortgaging the same in favour of the bank.
The G.P. representing the Collector, submitted through written submission that, as the disputed land in Gadabaguda covered by Khata No.212/649 plot no.121/1070 to the extent of Ac. 01.17 cent allotted to the complainant on leasehold basis, subsequently mutated in favour of Sriya Bricks @ Ashok Dash, there is no legal impediments on the part of the R.O.R. holder, complainant to mortgage the land in favour of the OP.1 to OP.4 against the loan to be sanctioned under PMEGP scheme, and as thus, no specific permission by the Collector, Nabarangpur in this regard is necessary and any demand for the same is unwarranted.
The OP.no.1, representing OP.1 to 4 agreed with the views as above, and it is decided that, the OP.1 shall immediately recommend the case of the complainant for creation of EMTD over the land in favor of the Bank, and the OP.2, 3 & 4 shall immediately take steps for effective creation of EMTD, by executing necessary documents over the land for the purpose of the disbursement of the balance loan amount, to be executed by the complainant to the bank, without any further demand for specific permission from the Collector, Nabarangpur in this regard, as the legal issue, with the submission of the G.P. for Collector, is settled & extinguished. Of all the above, compliance shall be completed within 30 days hence this order.
The parties present, have in acquiescence of the above decision has signed in presume of one and all and the decision as above is binding to all the parties concerned.
As thus the complaint petition is disposed off. Free copies of this extract be supplied to parties on demand. Parties to bear their own cost. Pronounced in the open forum on this the 9th day of Nov' 2015.
MEMBER MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
