DATE OF FILING : 18.01.2010 BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 29th day of April, 2010
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER C.C No.21/2010 Between Complainant : K.C.Lukose S/o Chacko, Kattakkayathu House, Paravalavuputhuval, Heliberiya, Elappara, Idukki District. (By Authorised Agent ) And Opposite Party : The Branch Manager, State Bank of Travancore, Vandiperiyar Branch, Vandiperiyar P.O, Idukki District. (By Adv: Babichen.V.George)
O R D E R SMT. SHEELA JACOB(MEMBER)
The complainant availed an agricultural loan of Rs.2,00,000/- from the opposite party. But the loan account fell in default. The complainant could not pay the loan in time. The complainant is entitled to get the benefit under the Agricultural Debt Waiver and Debt Relief Scheme declared by the Government. On 7.01.2010 the opposite party issued an execution notice without any explanation demanding arrears of Rs.1,42,967/-. The claim is illegal and without any justifiable ground. The complainant is not bound to pay any amount. It is illegal and against the direction of the Agricultural Debt Waiver and Debt Relief Scheme of the Government. Alleging deficiency in service, the complaint has been filed for a direction to the opposite party to return the documents after closing the account.
2. In the written version filed by the opposite party, it is admitted that the complainant availed agricultural term loan of Rs.2,00,000/- on 29.10.2003. It is contended that the whole loan amount along with interest has not been included in the Agricultural Debt Waiver Scheme. It is included in the debt relief scheme. He is eligible only for the defaulted instalments plus interest during the eligible period. As per the account, the complainant got benefit of Rs.62,724/- on 8.07.2008 including interest and bank charges. The complainant approached the opposite party bank, they informed the complainant that his entire debt is written off. As per the condition of the agreement, if the loan is not properly repaid, the bank has every right to recover the loan in a lump. The complainant owed Rs.1,42,967/-. Intimation was given to the complainant regarding the amount. The bank has not attempted to realise any amount in violation of the instructions of Reserve Bank of India or Government. As per the Debt Relief Scheme, Rs.62,724/- including bank charges was waived from the complainant's loan account. So there was no deficiency in service on the part of the opposite party. 3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to? 4. The evidence consists of the oral testimony of PW1 and Exts.P1 and P2 marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R4 marked on the side of the opposite party.
5. The POINT :- The complainant as PW1 has admitted that he could not repay the loan amount in accordance with the provisions of the loan agreement. Ext.P1 is the execution notice dated 7.01.2010 issued by the opposite party calling upon the complainant to remit the outstanding amount Rs.1,42,967/-. Ext.P2 is the copy of the circular of NABARD. The complaint is filed for getting the benefit under the Agricultural Debt Waiver and Debt Relief Scheme declared by the Central Government in the agricultural loan availed by the complainant. The opposite party was examined as DW1. Ext.R1(series) is the copy of the complainant's loan application with connected documents. Ext.R2 is the copy of the circular of SBT No.AGRI/5/2008 dated 27th May, 2008. Ext.R3 is the copy of the circular of SBT No.19/2008 dated 4th June, 2008. Ext.R4 is the copy of the statement of account in the name of the complainant. In cross examination, DW1 admitted that the loan has sanctioned as agricultural term loan on 29.10.2003 on his application. The complainant is eligible for waiver under Agricultural Debt Waiver Scheme. He is eligible only for defaulted installments plus interest during the eligible period. As per the Agricultural Debt Waiver and Debt Relief Scheme, Rs.62,724/- including bank charges were waived from the complainant's loan account. According to the opposite party, the appropriated amount already waived from the complainant's loan account. In Ext.R4 complainant's loan account shows he is eligible for waiver of an amount of Rs.59,847/- plus interest Rs.2,877/-. Therefore from the facts and evidence of the case, it cannot be said that the opposite party has demanded any amount as violation of the condition of the agreement. Therefore no deficiency in service can be found against the opposite party and the complainant is not entitled for any relief.
In the result, the complaint is dismissed.
Pronounced in the Open Forum on this the 29th day of April, 2010 Sd/- SMT. SHEELA JACOB(MEMBER)
Sd/- I agree SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/- I agree SMT. BINDU SOMAN(MEMBER)
APPENDIX Depositions : On the side of Complainant : PW1 - K.C.Lukose On the side of Opposite Party : DW1 - A.T.Babu Exhibits: On the side of Complainant: Ext.P1 - Notice dated 07.01.2010 issued by the opposite party Ext.P2 - Copy of NABARD Circular No.CPD/1566/PL-14/2008-2009 dated 23.05.2008
On the side of Opposite Party : Ext.R1(Series) - Photocopy of Loan Application Form of complainant, Photocopyof Letter of Sanction, Photocopy of Kisan Gold Card SchemeAppraisal Cum Assessment Form, Photocopy of HypothecationAgreement etc. Ext.R2 - Photocopy of Circular No.AGRI/5/2008 dated 27.05.2008 issued by the SBT regarding Agricultural Debt Waiver and Debt Relief Scheme 2008 Ext.R3 - Photocopy of Circular No.19/2008 dated 4.06.2008 issued by the SBT regarding Agricultural Debt Waiver and Debt Relief Scheme 2008 Ext.R4 - Computer print of Bank Account Statement of Complainant
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