DATE OF FILING :19.01.2011

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of April, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.17/2011

Between

Complainant : Saradhamma Chellappan,

Manthadikkunnel House,

Manippara P.O,

Karimpan,

Idukki District.

(By Adv: George Thomas Mookkilikkattu)

And

Opposite Parties : 1. The Branch Manager,

Idukki District Co-operative Bank Limited,

Vazhathoppu Branch,

Idukki Colony P.O,

Cheruthony, Idukki District.

(By Adv: C.K.Babu)

2. The Special Sale Officer,

Idukki District Co-operative Bank Limited,

Vazhathoppu Branch,

Idukki Colony P.O,

Cheruthony, Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complainant, who is an age old widow availed a loan of Rs.25,000/- from the opposite party bank for agricultural purpose. She has repaid an amount of Rs.20,000/- with interest to the opposite party bank and the balance amount was included in the write off scheme of the opposite party. After that it is revealed that the property of the complainant was kept in auction by the opposite party by obtaining an award from the Joint Registrar as No.120/2003 by the opposite party. The complainant is not at all aware of the award passed by the Joint Registrar against the property of the complainant. No notice was served by the opposite party regarding the same to the complainant. Hence the petition is filed for restraining the opposite party from the auction sale of the property, for getting the statement of account of the complainant's loan and also directing the opposite party to include the complainant's loan in the Agricultural Debt Waiver and Debt Relief scheme declared by the Government.
 

2. As per the written version filed by the opposite party, it is stated that a case was filed before the Joint Registrar of Co-operative Societies as ARC No.120/2003 by the opposite party and an arbitration award was passed against the complainant on 16.12.2004. The complainant never filed any appeal against the award. The execution proceedings are progressing by the opposite party. So the complainant has no right to file a case before the Forum. The complainant availed a loan of Rs.25,000/- from the opposite party and the loan became due for an amount of Rs.48,710/- as on 3.01.2011. The complainant filed an application before the opposite party bank seeking 2 months time for repaying the loan and it was on 7.09.2009. The loan availed by the complainant was not included in the agricultural loan. So the complainant is not at all get any benefit as per the order of the Government for agricultural loans. So the petition is filed only as experimental and hence dismissed.

3. The point for consideration is whether there was any deficiency in the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
 

4. No oral evidence adduced by both parties. Heard.
 

5. The POINT :- As per the complainant, the loan availed was for an amount of Rs.25,000/- and in that amount Rs.20,000/- was repaid by the complainant with interest. No notice was served by the opposite party to the complainant. Only an advertisement was seen by the complainant stating that the property of the complainant was put in auction after getting an arbitration award from the Joint Registrar as ARC No.120/2003. The complainant is entitled to get the benefits declared in the Agricultural Debt Relief Scheme of the Government. The complainant's loan was already included in the write off scheme of the Government. No notice was served to the complainant by the opposite party for repayment of loan. As per the opposite party, the loan availed by the complainant was not an agricultural loan and the application for the loan was also produced by the opposite party. In the loan application produced by he opposite party, it is written that the purpose for the loan is to ' clear prior debts' and it was signed by the complainant. It is not an agricultural loan. The statement of accounts produced by the opposite party shows that there is a balance of Rs.48,710/- due to the opposite party. An application was filed by the complainant to the opposite party on 7.09.2009 requesting for 2 months time for the repayment of the loan because the complainant is laid up due to disease.
 

So on perusing the documents produced by the opposite party, it is very clear that the loan availed by the complainant is not an agricultural loan and the complainant is not entitled to get any relief for the agricultural loans as per the Government Order. As per the complainant she had repaid an amount of Rs.20,000/- with interest to the opposite party bank. But no evidence produced by the complainant to show that she paid any amount to the opposite party bank. So we think that the petition is only for delaying the execution proceedings of the Arbitration award. As per the counsel for the complainant she is 73 aged old widow and she is also laid up due to old age disease. So we think that eventhough the complainant is not entitled for getting any relief as per the Agricultural Debt Waiver and Debt Relief Scheme declared by the Government, the opposite party should give some time to repay the loan amount.

Hence the petition dismissed with a direction to the opposite party to give monthly instalment facility for repayment of the loan availed by the complainant not less than three. The complainant is directed to pay the first instalment within one month of receipt of a copy of this order, till that further proceedings against the complainant may be kept in abeyance.
 

Pronounced in the Open Forum on this the 30th day of April, 2011

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
 

Sd/-
 

SMT. SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER)
 

APPENDIX

Depositions :

On the side of Complainant :

Nil

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Nil

On the side of Opposite Parties :

Nil