Complaint filed on: 12-12-2019
Disposed on: 20-03-2020
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TUMAKURU
OLD DC OFFICE COMPOUND, TUMAKURU-572 101
CC.No.181/2019
DATED THIS THE 20th DAY OF MARCH 2020
PRESENT
SRI.C.V.MARGOOR, B.Com., L.L.M, PRESIDENT
SRI.KUMARA.N, B.Sc., L.L.B, MEMBER
SMT.NIVEDITA RAVISH, B.A., L.L.B.(Spl) LADY MEMBER
Complainant: -
Smt.Bhagyamma,
W/o. Late Thimmappa Gowda,
Aged about 58 years,
Residing at Muniyur Village,
Kasaba Hobli, Turuvekere Taluk, Tumakuru District
(By Advocate Sri.N.K.Naveen Kumar)
V/s
Opposite party:-
The Branch Manager,
P.L.D. Bank,
Turuvekere Branch,
Turuvekere Town,
Turuvekere Taluk,
Tumakuru District
(OP – Exparte)
ORDER
SRI.C.V.MARGOOR, PRESIDENT
This complaint has filed by complainant Smt.Bhagyamma W/o. late Thimmappa gowda residing at Muniyur village, Kasaba Hobli, Turuvekere Taluk, Tumakuru district to direct the Opposite party-Manager, PLD Bank, Turuvekere Branch, Tumakuru District to pay subsidy amount of Rs.2,80,000=00 with interest at the rate of 18% per annum and compensation of Rs.15,00,000=00 towards mental shock and agony.
2. It is the case of complainant that she had availed a loan of Rs.8,77,000=00 from opposite party bank for establishing Poultry Farm in her land bearing Sy.No.99/4 of M.Bevinahalli, Turuvekere Taluk. The loan amount was released by Bank in installments from 4-2-2016 to 20-8-2016. The opposite party at the time of submitting the project report assured the complainant that she will get subsidy amount of Rs.2,80,000=00 from Central Government of India. The complainant has repaid the amount in installments and inspite of repayment of loan amount, the opposite party has failed to credit the subsidy amount of Rs.2,80,000=00 to her account. Hence the complainant has got issued legal notice dated 29-6-2019 calling upon the Bank to pay subsidy amount, but inspite of the service of notice the opposite party neither to paid subsidy amount nor gave reply. Hence, the complaint.
3. The opposite party inspite of service of notice was proceeded exparte.
4. The Complainant to prove the averments of complaint has filed her affidavit in lieu evidence and got marked Exs.P-1 to P-7 documents.
5. We have heard the oral arguments in addition to written brief submitted by the learned counsel for complainant and the points that would arise for determination are as under:
1) Whether the complainant proves that not
crediting the subsidy amount of
Rs.2,80,000=00 by opposite party bank amounts to deficiency in service?
2) Is complainant entitled to the reliefs as sought for?
6. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative.
Point No.2: In the partly affirmatively as per
final order for the below
REASONS
7. Point No.1 and 2: The learned counsel for the complainant has submitted that though it was obligation on the part of the opposite party to get the subsidy amount from concerned department but it has failed to credit to the loan account of complainant. The OP bank Manager after the service of notice has sent a letter dated 10-2-2020 to this office stating that he could not appear due to ill health on 14-1-2020 and asked to fix another adjournment. It shows that the OP has received notice along with copy of complaint with a direction to appear on 14-1-2020. When the OP has failed to appear on 14-1-2020 it was placed exparte. Thereafter case was adjourned for complainant’s evidence on 17-2-2020, 3-3-2020, 16-3-2020 and 17-3-2020. The OP during this period would have appeared and contested the case of complainant. On the contrary the OP did not choose to appear and contest the case.
8. The complainant in the affidavit evidence has reiterated the averments of complaint. The complainant has produced Exhibits-P4 reply letter dated 25-7-2019 issued by OP to Exhibits-P1 legal notice of complainant dated 29-6-2019. Under this reply letter the OP admitted that the complainant had availed a loan from the bank for establishing Poultry Farm. As per prevailing rules the bank would have got subsidy amount from the concerned department within a year from the date of sanction of loan. But the previous Manager and field officer of their bank has failed to submit to the concerned department for sanction of subsidy amount. Already there is delay on the part of the bank. Further along with reply the OP has sent copy of loan lodger extract. Reply of OP bank itself proves that the complainant is entitled for subsidy amount for the loan availed for starting Poultry Farm. The OP has failed in its duty to get sanction of the subsidy amount by submitting to concerned department within the stipulated time. No duty cast on the complainant to submit any application to the OP for sanction of subsidy amount. On the contrary it was duty of the bank to make correspondence with the concerned department for sanctioning the subsidy amount of Rs.2,80,000=00 within the stipulated period. Thus the OP has committed the deficiency in service by not moving to concerned department for sanction of subsidy amount to the complainant. Therefore the OP shall liable to pay subsidy amount of Rs.2,80,000=00 to the complainant.
9. The complainant has asked for Rs.15,00,000=00 as compensation towards mental shock and agony. The complainant has not produced any material to show how she has suffered mental shock and agony for not getting subsidy amount. At the most the complainant would have burden with interest on the loan amount that can be compensated by awarding interest on the subsidy amount. Due to negligence on the part of the OP bank, the complainant has compelled to approach this Forum as such the OP shall liable to pay litigation cost to the complainant. In the result, we proceed to pass the following
ORDER
The complaint filed by the complainant is partly allowed directing the Opposite party to pay subsidy amount of Rs.2,80,000=00 to the complainant with interest at the rate of 10% per annum from 1-2-2017 till payment.
It is further ordered that the Opposite party shall pay litigation cost of Rs.10,000=00 to the complainant within 30 days from the date of this order, otherwise it carries interest at the rate of 10% per annum from the date of filing of the complaint till the date of payment.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 20th day of March, 2020).
LADY MEMBER MEMBER PRESIDENT
