Date of Filing: 03-06-2013 Date of Final Order: 26-09-2014
The case of the complainant Smt. Bina Karjee, W/o. Lt. Subal Karjee, is a farmer and cultivates potato. She has filed a petition u/s 12 of the Consumer Protection Act, 1986 against the Opposite Party Nos.1 to 2 i.e. the (1) The Branch Manager, Uttar Banga Kshetriya Gramin Bank, Thaneswar Hat Branch & (2) The Chairman, Uttar Banga Kshetriya Gramin Bank, Cooch Behar alleging against the O.Ps that the complainant cultivated potato by taking KCC loan of Rs.30,000/- from the O.P. No.1 i.e. Uttar Banga Kshetriya Gramin Bank, Thaneswar Hat Branch on 04-12-2006, bearing A/c No. KCC/263, but unfortunately cultivated potatoes were rotten due to natural calamity. In this regard the complainant did not repay the said KCC loan in due time. On 22-11-2008 the complainant deposited of Rs.32,955/- to the O.P. No.1, Uttar Banga Kshetriya Gramin Bank, Thaneswar Hat Branch.
Subsequently, the complainant came to know that the Central Govt. pronounced “Agriculture Debt Waiver and Debt Relief Scheme, 2008” on 26-05-2008 which reveals that said scheme shall not apply to any loan disbursed prior to 31-03-1997 and after 31-03-2007 and shall apply only to loans disbursed on and from 01-04-1997 to 31-03-2007 and that became overdue on 31-12-2007 and remained unpaid till 29-02-2008.
Afterwards, the complainant went to the bank of O.P. No.1 for return back the said amount of Rs.32,955/- which was deposited by the complainant on 22-11-2008, but the O.P. No.1 did not take any satisfactory steps. Then the complainant also sent a letter to the O.P. No.2, The Chairman, Uttar Banga Kshetriya Gramin Bank, Cooch Behar on 16-03-2010 to return back the said deposited amount of Rs.32,955/-, but the complainant did not get any reply from the O.P. No.2. After long run the complainant further sent a letter to the O.P. No.1 for said purpose on 09-04-2013 and on 12-04-2013 the said letter received by the O.P. No.1, but the O.Ps did not pay any heed towards the complainant till now.
Thus, the complainant facing hindrance as well as suffer irreparable loss and also suffer unnecessary harassment mental pain, agony only for the deficiency in service of the Opposite Party.
In such a situation, finding no other alternative, the complainant has filed the instant complaint seeking redress and relief(s) before this Forum.
The instant complaint filed on 03-06-2013 and the complainant has filed I.P.O of Rs.100/-. The value of the complaint at valorem Rs.72,955/- and the complaint registered vide No. DF-50/2013.
The complainant prayed for direction to the O.Ps to pay (1) Rs.32,955/- which was deposited by the complainant to the O.P. No.1 on 22-11-2008, (2) Rs.25,000/- as compensation for mental pain, agony and unnecessary harassment, (3) Rs.10,000/- for deficiency in service & (4) Rs.5,000/- for litigation cost besides other relief(s) entitled to in equity, justice & good consciences.
The Opposite Parties are contesting the case contending inter-alia that the case is not maintainable in law as well as in fact. The Opposite parties denied all most all the allegation against them. The O.Ps. contended that the present Complainant is not entitled to get the benefit of Agricultural Debt Waiver and Debt Relief Scheme 2008 as per Bank’s guide lines/Rules in this regard. The further contention of the O.Ps is that the Complainant has filed the present case only to harass the O.Ps and has no deficiency in service as such the instant case is liable to be dismissed with cost.
In the light of the contention of both parties, the following moot points necessarily came up for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Has the Opposite Party any deficiency in service as alleged by the Complainant and is liable in any way?
- Whether the Complainant is entitled to get relief/reliefs as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, and perused the documents (Annexure-‘A’ ‘B’ & ‘C’) of the complainant and other materials on record and heard the argument advanced by the agents at a length. Also perused the Evidence on affidavit of the Complainant.
Point No.1.
The Complainant took KCC loan from the O.P and having an account bearing No. KCC/263 lying with the O.P Bank. The Bank is an institution to provide service to its consumer and thus, the relation of the Complainant with the O.P. Bank as came to be existed from the materials made available in the record we have no hesitation to say that the Complainant is the Consumer of the O.Ps and thus, this case is maintainable before the Consumer Forum.
Point No.2.
The O.P. No.1 & 2 in the present case is the resident of this district and also this complaint valued at Rs.72,955/- i.e. within prescribed limit as per C.P. Act, 1986 for which there is no dispute in the point of territorial as well as pecuniary jurisdiction.
Point No.3 & 4.
Both the points are taken up together for convenience of discussion. In the instant case the Opposite party entered its appearance through its Ld. Agent ,files Written Version, took several dates for filing Evidence on affidavit but ultimately did not file the same and remain absent on last two dates before argument for which the case was heard in absence of the Ld. Agent of the Opposite Parties.
It is the case of the Complainant that being a poor farmer she took loan of Rs.30,000/- from the O. P. bank for cultivation of potato in connection with her account No. KCC/263. Unfortunately, due to natural calamity the cultivated potatoes were rotten and the Complainant did not able to repay the said loan in due time. Thereafter depositing the loan amount with interest he came to know that Central Govt. pronounced Agriculture Debt Waiver and Debt Relief Schme, 2008 on 26.05.2008 and the Complainant is entitled to get the benefit of the said scheme but the Opposite Party Bank illegally received the amount of Rs.32,955/- on 22.11.2008.
On giving a close look to the Annexure “B” it appears from point No. 6 that “For small and marginal farmers, entire amount falling overdue on 31.12.2007 and unpaid till 29.02.2008 will be the eligible amount” from which it is crystal clear that the farmer who took loan within the said period and failed to repay the loan till 29.02.2008 he/she will be entitled to get benefit of the said Scheme. It is admitted fact that the Complainant obtained agricultural loan of Rs.30,000/-on 04.12.2006 i. e. after 31.03.1997 and she did not repay the loan amount till 28.02.2008. Annexure “A” shows that the Complainant deposited Rs.32,955/- to the O.Ps on 22.11.2008.
The Opposite Party in their W/V stated that as per Bank’s guide lines/rules the Complainant is not entitled to get the benefit of the said scheme. This contention of the Opposite Party is not acceptable as the O.Ps. have failed to produce any single scrap of papers in this regard. Moreover, the Opposite Parties did not come forward at the time of argument to contest the case even after filing W/V which seems that O.Ps have nothing to say in support of their contention. It appears from the Bank’s own record (Annexure “D”) that in the list under the said scheme there is name of the Complainant for which it is very crystal clear that the Complainant is the beneficiary of the aid scheme and she has been relieved from the loan she had taken. Surprisingly, the O.P bank received 32,000/- on 22.11.2008 from the Complainant which is illegal. Moreover, the Complainant preferred an application to the O.P. No. 1 on 5th April 2013 for return of the said deposited amount in connection with the scheme of Central Govt., but in vain which is tantamount to deficiency in service from the part of the O.P. Bank.
As the above points decided in favour of the Complainant then we are in a considered opinion to allow the Complaint.
Thus, the Complaint succeeds.
ORDER
Hence, it is ordered that,
The DF Case No.50/2013 is allowed in on contest against O.P. No.1&2 with litigation costs of Rs.2,000/- payable to the complainant, Smt. Bina Karjee.
The O.Ps jointly and/or severally shall pay to the complainant of Rs.32,000/- with interest @6% p.a. from 22.11.2008.
The O.Ps are also directed to pay jointly and/or severally Rs.5,000/- as compensation to the complainant for his deficiency in service. The O.Ps shall pay the ordered amount jointly and /or severally within 45 days failure of which the O.Ps jointly and/or severally shall pay Rs.50/- for each day’s delay and the amount to be accumulated shall be deposited in the “State Consumer Welfare Fund”, West Bengal.
Let plain copy of this Final Order be supplied, free of cost, to the concerned party/Ld. Advocate by hand/be sent under Registered Post with A/D forthwith for information and necessary action, as per Rules.
