BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of October, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.115/2009

Between

Complainants : 1. V.K.Gopalan S/o Kuttappan,

Vazhakkulam House,

Keerithodu P.O,

Idukki District.

2. K.R.Sasi,

Kandrachyil House,

Keerithodu P.O,

Idukki District.

(By Adv: Jose Thomas)

And

Opposite Party : The General Manager,

Idukki District Co-operative Bank Limited,

Idukki Colony P.O,

Idukki District.

(By Adv: C.K.Babu)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The Petitioners availed a loan of Rs.60,000/- from the opposite party's Bank during 2003. The 1st petitioner was the applicant and the 2nd petitioner is the co-borrower pledged his 1.07 acres of land as security. The loan was sanctioned for conducting cold storage and broiler live chicken store. The repayment of the loan was through daily collection of Rs.100/- each. The petitioners were remitting the daily collection promptly. Unfortunately viral fever disease was wide spread in chicken in Kerala and Tamilnadu. The Kanjikuzhi Health Inspector visited the premises and ordered the complainants not to sell anymore chicken. Then the business was stopped practically. The 1st complainant tried for another option, processing Pork and sell it in the cold storage. The 1st complainant together with his brother-in-law and son, while going in a petrol jeep to get pig for the sale, the vehicle met with a serious accident. The 1st complainant and his son were admitted in the Hospital for four months. His brother-in-law expired in that accident. After that they were trying to repay the loan by doing coolie work, because his child was undergone treatment for Tuberculosis. He was not able to remit the bank loan. The matter was informed to the opposite party in an Adalath conducted by the opposite party. The complainant also informed that they belong to Scheduled caste and requested to include their loan in the debt waiver scheme offered by the scheduled caste/scheduled tribe department. Caste certificate issued from the Tahsildar was also produced. Both the complainant belongs to BPL list and they are requested the opposite party to give the correct statement of account of the exact picture of interest, penal interest, amount due etc. But the opposite party denied the same. Both the complainants are trying hard for meeting both ends. Iron rod is fitted in spinal chord of 2nd complainant because of a fall from a coconut tree by 5 years back. The opposite party is trying to initiate auction proceedings against the complainants property, so the complainants give complaints to Chief Minister, Minister for Co-operative societies, Minister for Scheduled Caste and Scheduled Tribes and District Development officer, scheduled caste and scheduled tribe. The opposite party informed the District Development Officer that the complainants do not belong to scheduled caste, so that there loan cannot be included in waiver list. The petitioner has filed for deficiency in service of the opposite party in including their loan in the debt waiver list.
 

2. The opposite party filed written version and admitted that the complainants availed loan from the opposite party's Bank. No such Adalath was conducted by the opposite party and caste is not a criterion for disbursing loans. So no caste certificate is obtained from the complainant. The complainant had availed a business loan for Rs.60,000/- with security of 2nd complainants property, which is of 43.10 cents of land. The loan became due and hence ARC No.484/2005 was filed for Rs.64,244/-. All the documents pertaining to the above loan were produced before the ARC. The ARC was decreed on 25.01.2006. Thereafter execution application was filed as E.A.No.220/2008 and the Special Sale Officer had issued notice for attachment of the property on 13.05.2009. On 29.05.2009 the 2nd petitioner filed an application before the Development Officer, Scheduled caste, Moolamattom requesting to write off loan on the ground that he belongs to SC/ST. The above application was forwarded to this opposite party. This was replied stating that the loan applicant was not SC member and the request could not be taken up. Thereafter the 1st petitioner filed an application dated 10.06.2009 before Idukki District Co-operative Bank, Thadiyampadu Branch requesting to write off his loan, since he belongs to scheduled caste. He has submitted his caste certificate also. The application was forwarded to this opposite party and it reached in the office of the opposite party only on 15.06.2009. Simultaneously copy of the complaint also received. The office of the Co-operative Registrar issued an order dated 27.02.2009 with a direction to keep all proceedings pending in loan availed by SC/ST members until further orders. So all the proceedings against the complainants are now kept in abeyance. There is only a proposal for write off loans availed by scheduled caste. So far no scheme is formulated. The complainant had every opportunity to represent the fact that he belonged to scheduled caste. But he has not taken any steps. Hence the complainants are not at all entitled for any reliefs.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
 

4. The POINT:- Heard the matter from both parties before going to the evidence. It is admitted by the opposite party that the loan availed by the 1st complainant and the security of the property given by the 2nd complainant. It is also admitted by the complainants that the entire loan is due and they are not able to repay the same because of the failure in business and due to the accident caused to them. As per the complainant the 1st petitioner is the applicant of the loan and he filed a petition before the bank for including in the write off scheme since he belongs to Scheduled caste. The caste certificate of the concerned Tahsildar is also produced. But the learned counsel for the opposite party argued that they have not received the caste certificate from the complainant showing they are the members of scheduled caste. They only received the same only on 15.06.2009. There is an order from the co-operative Registrar on 27.02.2009 to keep pending all the proceedings against the loans availed by the SC/ST members until further orders. There is only a proposal for write off loans availed by scheduled caste. So we think that the complainants are entitled to get a concession of debt waiver scheme of the SC/ST Department if it is provided by the Government.

Hence the petition partially allowed. The opposite parties are directed to recommend for including complainants loan in the debt waiver scheme of the Scheduled Caste/Scheduled Tribe Department if it is provided by the Government. The opposite party is directed to do all the formalities for the same to the concerned authority within one month of the receipt of this order. Till that further proceedings against the complainants and their property may be kept in abeyance.

Pronounced in the Open Forum on this the 30th day of October, 2009

Sd/-
 

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-
 

I agree SMT. SHEELA JACOB(MEMBER)

Sd/-
 

I agree SMT.BINDUSOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainants :

Nil

On the side of Opposite Party :

Nil

Exhibits:

On the side of Complainants:

Nil

On the side of Opposite Party :

Nil