Presented by Smt. A.Behera, Member:-
Facts of the case:-
The Complainant is an educated unemployed person who wanted to establish a hardware store under the PMRY Scheme of the government. He applied to proper authorities and got selected after interview. He was also given certificate by the proper authority to this effect. This Complainant along with some others of the Govindpur Panchayat were allowed to get financial assistance from the Opposite Party under the PMRY Scheme.
The Complainant placed his project to the Opposite Party and got approval. Thereafter he was directed to file no dues certificates from other Banks which was done by the Complainant. He also produced quotes for hardware articles, cost of shop material use and also arranged a room on lease paying security and rent, as per the instruction of the Opposite Party the Complainant also assigned an insurance policy in favour of the Bank. But later on when approached the Opposite party for disbursement of the finance he was not heard and got avoided by the officials of the Opposite Party and finally got no where and lost money in the process and suffered mentaly, also lost a potential livelihood source. Hence this complaint.
In reply of the show cause notice Opposite Party filed their version on dated 16/09/2010 where in they explained their cause and denied the charges levelled against them by the Complainant. However, they admitted the loan being sanctioned vide loan Account No.77/84 under PMRY for Rs.50,000/-(Rupees fifty thousand)only Dt.29/03/2008. They also admitted the fact of purchase of LIC Policy and said that a sum of Rs.2,526/-(Rupees two thousand five hundred twenty six)only was released to avail the policy. Opposite Party says that they have asked several times to the Complainant to arrange the shop and except the cheque for the supplier of hardware goods which was not done by the Complainant. The Opposite Party is always ready to release the balance amount for starting the project so there is no deficiency on their part and the non cooperation is from the side of the Complainant.
Opposite Party to substantiate their version relies on the sanction leter dated 29/03/2008, computer generated transaction sheet of the loan Account No. 06380602100084 dated 24/010/2011.
Complainant to substantiate his version relies on pleaders notice served on the Opposite Party dated 19/10/2009, and reply to the same by the Opposite Party dated 11/11/2009, also on postal receipt for the pleader notice, acknowledgment card, all attached to the case record.
Hearing was done on Dt.15/05/2013. Both the Parties presented their submissions through their respective counsels. Heard the matter at length and found the following:-
(1) A loan under the PMRY Scheme has been sanctioned by the present Opposite Party for the Complainant to establish a hardware store for Rs.50,000/-(Rupees fifty thousand)only vide sanction letter dated 29/03/2008.
(2) A life insurance is purchase to cover the merchandise of the hardware store from enforcer troubles and lossess.
(3) Complainant deposited the 5%(five percent) margin money on requirement which is established from the computer generated transaction sheet filed by the Opposite Party.
(4) The Opposite Party assures disbursement of balance loan once the shop is ready and cheque can be issued any time in the name of hardware supplier who supplies the articles.
(5) The complaint fulfills the prerequisites like the eligibility issue. Complainant a consumer under the Consumer Protect Act.
(6) Although the Complainant submits that he suffered pecuniary losses to the tunes of one lakh he produces no bills, or copies of the quotations or any other supporting documents in support of his claim.
(7) The Opposite Party is ready to release the balance loan at any time provided the fulfillment of terms and condition of the sanction of the project.
(8) At a point in their reply to the show cause Opposite Party mentioned about claim of Rs.7,500/-(Rupees seven thousand five hundred)only as subsidy but to what is not clear. If it is meant that the subsidy is of the PMRY financing, it is astonishing that subsidy is being disbursed before release of loan founds and starting of the project in actual.
(9) Complainant prayed for a compensation of Rs.1,00,000/-(Rupees one lakh)only along with litigation expenses for the negligence and deficiency in service. How Complainant arrived to this calculation is not clear. No documentary evidence is attached to any costs incurred if any in the process.
(10) Whether the Complainant still wants to continue with the project is also not clear though the Opposite Party is ready to disburse the remaining part of the loan of the Complainant wishes to proceed with the project.
(11) A question rises is that as per the submission of the Complainant, if this project was meant to earn livelihood and support himself and its family why he has not made his intentions clear with the project at present to the Forum is not clear.
Under the facts and circumstance described above the Forum orders that:-
The Opposite Party is directed to disburse the loan as per the terms and conditions provided the Complainant wishes to continue with the project within one month of time.
The Complainant is directed to provide all necessary conditions to release the sanctioned loan as per the term and condition within one month of time, if fails to comply with the formalities and this order the Opposite Party Bank is free to take necessary action as per rules.
The Opposite Party will charge the interest only after the project starts and funds released and will not burden the Complainant with interests from the date of sanction of the loan.
Further the Opposite Party is directed to pay a sum of Rs.5,000/-(Rupees five thousand)only to the Complainant for the discrepancies occurred in procedure, including litigation expenses within one month of this Order failing which an interest of 18%(eighteen percent) per annum will be levied on the compensation amount till the final realization of the award.
Typed to my dictation
and corrected by me.
I agree, I agree, I agree,
(Smt Anjali Behera) ( Sri. Pradeep Kumar Dash) (Miss Rajlaxmi Pattnayak)
M e m b e r. M e m b e r. P r e s i d e n t.
