By. Sri. Chandran Alachery, Member:

The complaint is filed under section 12 of the Consumer Protection Act of 1986 for an Order directing the 1^st opposite party to pay Rs.2,32,721/- to the complainant and 2^nd opposite party to pay Rs.1,16,360/- to the complainant being the eligible waiver under Coffee Debt Relief Package Scheme implemented by the Central Government and to pay Rs.2,00,000/- as compensation for the loss sustained to the complainant.

2. Brief of the complaint:- The complainant is a coffee Grower and used to sell coffee to the 1^st opposite party. The complainant availed a Housing loan of Rs.2,00,000/- from the 2^nd opposite party wide loan No.20 517 187 in the year 2000. In the year 2010, the Central Government in co-operation with coffee Board decided to give subsidy to coffee growers and passed an ordinance on 14.06.2010 vide No.4/3/2008 Plant(B) by the Ministry of Commerce and Industry Department of commerce. As per the scheme those coffee growers who were availed loan before 2002, out of the total due amount, the coffee Board has to waive 50% of the loan, 25% of the loan by the concerned bank and balance 25% is to be paid by the loanee. The scheme was published in newspaper on 16.11.2010. The complainant also have applied for getting the benefit. The opposite parties did not consider the application and have committed deficiency of service. Hence, the complainant was forced to remit the loan amount fully by disposing his property at a very low rate. So there is deficiency of service from the side of opposite parties and hence this complaint.

3. On receipt of complaint, Notices were issued to opposite parties and opposite parties appeared before the Forum and filed versions. 1^st opposite party in his version stated that the complainant is a coffee grower and received application from the complainant to grant subsidy. 1^st opposite party stated that 1^st opposite party is ready to grant their share of subsidy to the complainant. But opposite party No.2 is not taking steps for that purpose. 2^nd opposite party filed version and contented that the complainant is not a coffee grower and have no connection with the coffee Board. The complainant did not have agricultural land. 2^nd opposite party admitted that the complainant availed housing loan in the year 2000 and if there is any subsidy is eligible, it has to be paid by the 1^st opposite party. 2^nd opposite party and the loan subsidy scheme does not come within the limits of said ordinance. So 2^nd opposite party is not liable to pay any loss and the housing scheme is purely commercial. 2^nd opposite party further states that the complainant availed loan not in the capacity of a farmer. Hence 2^nd opposite party is not able to grant subsidy.

4. On going through the complaint, documents of both parties and versions, the Forum raised the following points for consideration:-

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

2. Relief and Cost.

5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and produced documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to A7 series. Ext.A1 is the Registration Card issued by the Coffee Board to the complainant. Ext..A2 is the copy of Debt Relief Scheme issued by the Central Government. Ext.A3 is the Declaration submitted by the complainant, Ext.A4 is the reply send to the complainant by the 2^nd opposite party. Ext.A5 is the Certified copy of title deed, Ext.A6 is the press release of Debt Relief Scheme. Ext.A7 series 21 in numbers are the loan repayment installment receipt issued by the 2^nd opposite party to the complainant. 1^st opposite party had no oral evidence and 2^nd opposite party is examined as OPW1 and Ext.B1 to B10 were marked. Ext.B1 is the loan application of complainant, Ext.B2 is the demand notice copy send by the 2^nd opposite party to the complainant. Ext.B3 is the request letter submitted by the complainant to 2^nd opposite party. Ext.B4 is the application submitted by the complainant to 2^nd opposite party requesting to return the documents. Ext.B5 is the letter send by the 2^nd opposite party to the complainant. Ext.B6 series are the Acknowledgment card copy of the acceptance of letter, reply letter etc.. Ext.B7 is the letter from , Managing Director, Kerala State Co-Operative Bank Ltd, Trivandrum. Ext.B8 is the final notice issued by the 2^nd opposite party to complainant demanding the repayment. Ext.B9 is the letter from the Managing Director to the 2^nd opposite party Bank. Ext.B10 is the copy of Statement of Accounts of complainant's loan account. On going through the documents and evidence of both parties, the Forum found that the 1^st opposite party is ready to give their share of subsidy to the complainant since 1^st opposite party admits that the complainant is a coffee grower. As per the scheme, 50% of the total liability subject to maximum benefit of Rs.5,00,000/- per farmer to be borne by the Government of India ie Coffee Board and 25% by concerned banks and other 25% will be borne by the loanee ie the complainant. Hence 2^nd opposite party is liable to waive 25% of the total amount. As per Ext.A6 scheme, in the 5^th para, it is stated that the mode of implementation of the package shall be (1). Government would release the Government share of the liability to the Coffee Board. (II). The banks will first give benefit of the waiver to the accounts of the growers and claim the same from the Coffee Board. (III). Coffee Board would scrutinize the claims of the banks and reimburse the amounts. So here the 2^nd opposite party bank have to give the benefit of waiver to the complainant and can reimburse from the government as well as from the Coffee Board. On going through the documents and evidences, the Forum found that the complainant is a coffee grower and he availed loan from 2^nd opposite party in the year 2000. As per scheme, in pre-2002 loans, the waiver exclusions is only for housing loans of more than Rs.10 lakhs. Here the loan taken by the complainant is coming under the purview of the scheme benefits implemented by the Central Government. The central Government introduced the scheme for the benefit of coffee growers. Ext.A1 proves that complainant is a coffee grower. 2^nd opposite party filed version stating that 2^nd opposite party will not come within the purview of the package. But on going through the package ie Ext.A6, the minutes of the meeting of the monitoring committee on implementation of the Coffee Debt Relief Package 2010, co-operative banks are also included in the purview of package. The co-operative banks are liable to meet their share of 25% of the due amount as waiver. The scheme suggests that if co-operative banks express difficulties in meeting their part of liability, the concerned state government will be requested to consider their requests. The complainant is a small coffee grower having coffee plantation of 62 cents. The package shall apply to all outstanding amounts as on 30^th June 2009. The outstanding loan amount as on 30^th June 2009 is Rs.4,62,367/- as per Ext.B7 document. The Coffee Board has to bear 50% of outstanding amount ie Rs.2,31,183/-, the Bank has to bear 25% of liability ie Rs.1,15,591/- and balance 25% of liability is to be borne by the grower. The complainant already remitted the entire amounts with 2^nd opposite party due to compulsory recovery measures adopted by the 2^nd opposite party. As per scheme para 5, the banks will first give benefit of waiver to the accounts of the growers and claim the same from Coffee Board.

6. So here in this case, the Forum analyzed that the 2^nd opposite party Bank has failed to do the necessary steps to make available the benefit of package to the complainant herein. So there is deficiency of service from the part of the 2^nd opposite party bank in dealing with this matter. The Point No.1 is found accordingly.

7. Point No.2:- Since Point No.1 is found in favor of the complainant, the complainant is entitled to get cost and compensation.

In the result the complaint is partly allowed and the 1^st opposite party is directed to give the benefit of 50% of liability to the complainant ie Rs.2,31,183/- (Rupees Two Lakh Thirty One Thousand One Hundred and Eighty Three Only) on getting request from 2^nd opposite party Bank for reimbursement from Coffee Board. 2^nd opposite party Bank is directed to give their share of benefit of 25% ie Rs.1,15,591/- (Rupees One Lakh Fifteen Thousand Five Hundred and Ninety One Only) in the account of the complainant. 2^nd opposite party Bank shall first give the benefit of waiver of 75% of outstanding balance in the account of the complainant and 2^nd opposite party is at liberty to reimburse Rs.2,31,183/-(Rupees Two Lakh Thirty One Thousand One Hundred and Eighty Three Only) from 1^st opposite party. The 2^nd opposite party Bank is also directed to pay Rs.5,000/- (Rupees Five Thousand Only) as cost of this proceedings and Rs.5,000/- (Rupees Five Thousand Only) as compensation to the complainant. 2^nd opposite party Bank shall permit the complainant to withdraw Rs.3,56,774/- (Rupees Three Lakh Fifty Six Thousand Seven Hundred and Seventy Four Only) remitted in his account with 12% interest from the date of remittance of due amount by the complainant till withdrawal. The opposite parties shall comply the Order within 30 days from the date of receipt of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24^th day of September 2014.

Date of Filing:25.11.2011.

PRESIDENT :Sd/-

MEMBER :Sd/-

MEMBER :Sd/-

/True Copy/

Sd/-

PRESIDENT, CDRF, WAYANAD.

APPENDIX

Witness for the complainant:-

PW1. Joseph. Complainant.

Witness for the opposite parties:-

OPW1. Kunjiraman. Branch Manager, Kerala State Co-Operative

Bank, Kalpetta.

Exhibits for the Complainant:-

A1. Registration Certificate issued by Coffee Board.

A2. Copy of Debt Relief Scheme issued by Central Government. Dt:14.06.2010.

A3. Copy of Declaration.

A4. Reply letter. Dt:29.01.2011.

A5. Certified copy of Title deeds.

A6. Press Release of Coffee Debt Relief Package.

A7(Series). Loan repayment Receipts(21 Nos).

Exhibits for the Opposite Parties:-

B1. Loan Application of the complainant.

B2. Demand Notice No.2. Dt:25.11.2006.

B3. Request Letter of the complainant. Dt:05.12.2006.

B4. Application submitted by the complainant. Dt:06.04.2011.

B5. Letter. Dt:29.01.2011.

B6. Copy of Acceptance Letter, Reply letter and Acknowledgment Card.

B7. Letter. Dt:15.12.2010.

B8. Letter. Dt:12.11.2008.

B9. Letter. Dt:24.01.2011.

B10. Copy of statement of Accounts.

Sd/-

PRESIDENT, CDRF, WAYANAD.