DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 24^th day of February 2011

Present : Smt.Seena H, President

: Smt. Preetha.G. Nair, Member

: Smt. Bhanumathi.A.K, Member Date of filing: 15/03/2010

(C.C.No. 37/2010)

Suseela

W/o.Late Prabhakaran

12/150, Okarapallam, Thenari Post,

Palakkad - Complainant

(By Adv.P.C.Sivadas)

V/s

1.The Branch Manager

Bank of Baroda, Palakkad Branch

Mangalam Tower,

Near Town Bus Stand, Palakkad

(By Adv. M.Udayasankar)

2.The Dy.Regional Manager

Bank of Baroda, Regional Office

T.D.Road, Ernakulam.

(By Adv. M.Udayasankar)

3.The Asst.General Manager

The Grievance Redressal Officer

Bank of Baroda,

Regional TD Road, Ernakulam - Opposite parties

(By Adv. M.Udayasankar)

O R D E R

By Smt.PREETHA G NAIR, MEMBER

Brief facts of the complaint:

The complainant and her husband borrowed an agricultural loan on 15/11/2005 as crop loan NO.11/301. On 20/6/07 they renew the loan by payment of interest amount. The complainant and her husband never made any repayment to the loan principal amount except the interest payment on 20/6/07. The Central Government during the Budget 2008 declared that loans over due on 31/12/2007 to be written off to small farmers who are holding less than 2 hectors. The complainant and her husband is holding the property below the above mentioned limit and therefore eligible for the Agricultural Debt Relief Scheme 2008. As per the norms published by the authorities the Nationalized banks have to list the eligible farmers and their eligible amounts in the bank notice board. The complainant and her husband approached the 1^st opposite party and enquired the matter. Then they said that complainant and her husband loan was not eligible for waiver as it is a new loan. The complainant and her husband sent notice to opposite parties 1 & 2 on 22/7/08. But there was no reply. Then they again sent notices to the 1^st opposite party. On 23/3/2009, the 1^st opposite party replied with details stating that on 22/6/2007 there is renewal of loan amount. The complainant stated that they are paid only interest and 1^st opposite party negligently not included their name in the eligible list for waiver scheme. The 2^nd and 3^rd opposite parties are not even made any replies to the grievance submitted to them in this regard. So all opposite parties are liable for deficiency in service. The husband of the complainant expired on 14/9/09. Hence the complainant prays an order directing the opposite parties to

1. include the complainant's name in the eligible farmer list for the Farmers Debt Relief Scheme 2008

2. To pay cost of the proceedings

3. If it is not possible to consider the prayer due to technicality, may be directed to compensate the complainant with loan over due amount i.e. Rs.1,20,000/

1^st opposite party filed version. 2^nd opposite party submitted that they are adopting the contentions of the 1^st opposite party. The opposite parties stated that complainant and her husband was sanctioned a loan of Rs.1,00,000/ on 15/11/2005 under Baroda Kissan Credit Card by the Bank. On 15/11/05 the applicant has also created equitable mortgage of 3.10 acres of land situated at Survey No.190/5, 198/7, 198/2 Block 42, Elapully Village and availed the loan facility. Subsequently the Govt. of India has announced Agricultural Debt Waiver and Debt Relief Scheme 2008. As per the Scheme only those agricultural loans which fulfill all the three following conditions are eligible i.e.

1. Disbursed between March 31, 1997 and March 31, 2007

2. Overdue on December 31, 2007 and

3. Remaining unpaid until February 29, 2008 will be eligible for debt waiver / debt relief under the scheme.

The 1^st opposite party sated that the complainant was not fulfilled the 2^nd criteria i.e. The loan amount of complainant was not overdue on 31/12/2007. The 1^st opposite party admitted that list of eligible farmers as per the scheme was published in the notice board of the bank. The complainant has made a reference in their behalf by letter dated 22/7/08. The appropriate authority has examined his request for inclusion in the scheme and informed of the non eligibility as per the scheme by bank's letter dated 28/7/08. As on 31/12/07 an amount of Rs.95,959/ is due from the complainant in the loan account and is liable to be recovered. The 1^st opposite party admitted that the complainant has availed a crop loan bearing No.11/301 dated 15/11/05. The 1^st opposite party stated that there is no proof made available as to the extent of land possessed by the debtors which was below 2 acres limit fixed under the scheme. Therefore opposite parties prayed, dismiss the complaint with cost.

Both parties filed chief affidavit and documents. Ext.A1 to A6 marked on the side of the complainant. Ext.B1 to B3 marked on the side of the opposite party.

Issues to be considered are

1. Whether there is any deficiency in service on the part of opposite parties ?

2. If so, what is the relief and costs entitled to the complainant ?

Issue 1 & 2

We perused relevant documents on record. According to Ext.A1 the complainant and her husband availed agricultural loan of Rs.1,00,000/- on 15/11/2005 from the 1^st opposite party bank. Also opposite parties admitted that the complainant and her husband availed agricultural loan No.11/301. The opposite parties stated that there is no overdue in the account on 31/12/2007. According to Ext.B2. Agricultural Debt Waiver and Debt Relief Scheme 2008, implementation Circular 1/2008 (ii) only the installments of investment credit (not the total loan) which were overdue on the date of restructuring and the installments of the portion of the investment credit which had not fallen due on the date of restructuring but have subsequently fallen due on December 31, 2007 are eligible for debt waiver/debt relief. In the present case the complainant and her husband availed agricultural loan on 15/11/2005 and they renewed the loan by payment of interest amount on 20/6/2007. The complainant stated that they have less than 2 hectors property. No evidence was produced by the complainant to show less than 2 hectors of property. The 1^st opposite party stated that on 15/11/05 the applicant has created equitable mortgage of 3.10 acres of land situated at Survey NO.190/5, 198/7, 198/2 Block No.42, Thenari, Elappully Village and he has availed the loan facility. According to Ext.A6 possession certificate stated that the complainant's husband had 0.8520 acres of land situated at Resurvey No.198/2, 190/5 Block NO.43, Elapully II Village. As per the circular, the complainant and her husband have no over due in the account as on 31/12/2007. But the opposite parties have not produced documentary evidence to show there is no overdue in the account of complainant and her husband on 31/12/2007. According to Ext.B3 the balance amount on 6/12/2007 was Rs.95,950/ and 7/2/2008 was Rs.94,950/- The complainant stated that they had availed an agricultural loan of Rs.1 lakh. The complainant has not cross examined the 1^st opposite party and clarify the term “overdue”. As per Ext.A5 the 1^st opposite party has demanded the complainant to renew the loan amount dated 2/3/2010. It is to be noted that Agricultural Debt Waiver and Debt Relief Scheme 2008 issued for helping farmers. In the present case the complainant has not produced evidence to show the agricultural loan was overdue on December 31, 2007. But the complainant has paid the interest amount on 20/6/2007 as per the direction of 1^st opposite party. The complainant and her husband availed the agricultural loan on 15/11/2005. As per Ext.A2 the 1^st opposite party requested the complainant's husband to renew the loan and stated that if agricultural loan is renewed, then only given the exemption of interest. According to Ext.A4, complainant and her husband had renewed the loan amount on 22/6/2007 and deposited Rs.1000/- on 7/2/2008. Hence complainant is not eligible for waiver under the scheme.

In the above discussions we hold the view that there is no deficiency in service on the part of opposite parties. The complainant is miserably failed to prove her case. Hence the complaint dismissed.

Pronounced in the open court on the 24^th day of February 2011.

Sd/-

Smt.Seena H

President

Sd/-

Smt.Preetha.G.Nair

Member

Sd/-

Smt.Bhanumathi.A.K

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Pass Book of Bank of Baroda

Ext.A2 – Copy of Lr. Issued to Prabhakaran by Sr.Br.Manager, Bank of Baroda with A/D Card

Ext.A3 – Copy of Lr. addressed to S.K.Poojari, AGM, Bank of Baroda dtd.22/7/08

Ext.A4 – Copy of Lr. Issued to Prabhakaran by Bank of Baroda dt.23/3/09

Ext.A5 – Copy of Lr. Addressed to Smt.Prabhakaran C by Sr.Manager, Bank of Baroda

Ext.A6 – Copy of possession certificate

Exhibits marked on the side of the opposite party

Ext.B1 – Lr.addressed to Prabhakaran & Suseela dated 28/7/08 by AGM, Bank of Baroda

Ext.B2 – Copy of Circular No.8

Ext.B3 – Copy of transaction Inquiry statement.