The complaint filed under section 12 of the Consumer Protection Act.

The complaint in brief is as follows.

The Complainant availed Agricultural loan from the Opposite Party in the month of June 1996. The loan disbursed to the complainant was in different dates. Rs. 3,00,000/- on 15.6.1996, Rs. 1,00,000/- on 20.6.1996 and Rs. 95,000/- on 19.8.1996. On 14.8.96 Rs. 1,00,000/- was remitted towards the loan account. The amount due in the loan account on 19.8.1996 is Rs.3,95,000/-. After availing the loan, the Complainant made repayment from time to time. The interest levied by the Opposite Party is at the rate of 21% and 23% . The entire loan amount was closed on 17.3.2004. The repayment was completed in different dates. In short the Complainant remitted Rs.5,80,000/- till 12.3.2004. For the closing of the loan when the Complainant approached the Opposite Party they demanded Rs. 4,87,173/- if the loan is to be closed. Further it was also stated that Rs. 63,535/- was cut off from the payment as the concession allowed. The Complainant had to remit Rs.10,67,173/- in order to close the loan. The interest charged upon the Complainant on the amount availed is against the direction of the Registrar of the Co-operative Societies as per which the chargeable interest for the loan availed is 12% per annum the loanee is not to be imposed of any penal charge, if the amount is remitted in one time settlement in between 01.03.2004 and 31.3.2004. The Opposite Party has not acted not in accordance with the circular No.8/04. The Opposite Party purposefully kept apart the stipulations of the circular and an excess amount Rs. 4,87,173/- collected from the Complainant on 17.3.2004 itself and beyond that an additional amount of Rs.4,034/- was also collected. The Complainant is to be given back the excess amount collected Rs.4,91,209/- by the Opposite Party with an interest at the rate of 18% from 17.3.2004 till realization. The Opposite Parties act is absolutely a deficiency in service. The disregard of the circular issued by the Registrar of Co-Operative Societies to the Opposite Party's bank resulted heavy hardships and losses to the Complainant. The loan amount was closed collecting money disposing the land property. The Complainant is to be compensated with Rs.25,000/- towards the loss caused by the Opposite Party. The Opposite Parties may be directed to pay Complainant jointly and severally Rs. 4,91,209/- The excess amount collected with interest at the rate of 18% from 17.3.2004 till realization along with cost of Rs.2,500/- and compensation of Rs. 25,000/-.

2. The Opposite Party filed version on their appearance. The sum up of the version is as follows: the complaint is not maintainable by virtue of provisions containing in section 69 of the Kerala Co-operative Societies Act. More over when the loan amount became due the case was filed against the Complainant and ARC 4/98 was ordered without any protest from the Complainant. The Complainant had not filed any objection neither in the ARC 4/98 nor in E.P 114/2001 filed in Sub Court, Sulthan Bathery. The Complainant in the execution proceedings agreed by the claim of the Opposite Parties remitted the entire amount and case was withdrawn recording full satisfaction. The claim of the Complainant for the recalculation of the interest and the amount remitted are not to be entertained by the Consumer Forum. The complaint is to be dismissed in limine.

3. The Opposite Parties do not admitt the claim of the Complainant on the mode of remittance. The interest calculated is strictly complying to the directions of Reserve Bank of India and the circular issued by the government. The circular No.8 referred by the Complainant is applicable only to primary Co-operative Credit Society. The Opposite Party's bank follows guidelines regarding the OTS. The complaint is not having any merit and it is to be dismissed with cost to the Opposite Party.

4. The points in consideration are:

1. Whether any deficiency in service on the part on the part of the Opposite Parties.

2. Relief and cost.

5. Point No.1:- The complainant filed proof affidavit. Ext.A1 to A3 and C1 are marked to substantiate the contention of the Complainant. The Opposite Party swearing the

(contentions filed proof affidavit. Ext.B1 is marked on the side of the Opposite Party.

6. The case of the Complainant is that the loan amount availed from the Opposite Party was repaid. The benefit of the circular issued by the Registrar of Co-operative Societies No.8/04 is not given to the Complainant in calculating the interest and penal charges. The Opposite Party has collected an excess amount of Rs.4,87,173/- in total Rs.10,64,253/- is remitted by the Complainant. In calculation of the interest and other penal charges the directions of the Co-operative Registrar is disregarded. The excess amount collected from the Complainant is to be refunded. Ext.A1 is the notification issued by the Registrar of Co-operative Societies. The stipulations in the notification is that those who availed loan from primary Co-operative Societies and which is in due on 31.03.2001. The favours of rebate and concession would be given to the loanees but repayment of the amount is to be before 31.12.2003. The interest which can be calculated for this amount is at the rate of 12%. The matter which is to be considered herein is whether the Opposite Party's bank can be considered as a Primary Co-operative Credit Society. The benefit of the circular is confined to the loanees who become due in payment and the concessions are given for the one time settlement remittance. Ext.A3 is the circular dated 26.02.2004 which detail the mode of payment and calculable interest. The loan was availed from the 2^nd Opposite Party which is the branch of the 1^st Opposite Party. The section 2 1(a)of the Co-operative Societies Act reads the “District Co-operative Bank” means the central society have jurisdiction over one revenue district and having as its members Primary Agricultural Credit Societies and Urban Co-operative Banks and the principal object of which is to raise funds to be lend to its members, including nominal or associate members. The Primary Co-operative Credit Society are members in District Co-operative Bank. The concessions according to the circular issued postulate concession for the loanees from the Primary Societies. The Branch of District Co-operative Bank is not a Primary Co-operative Credit Society. The benefit of the circular are not entitled for the Complainant. More over the Complainant was given the concession of Rs.63,535/-. The clause 2 of the Ext.A3 circular avers that as per the one time settlement scheme, the benefit if given to a party further benefit will not be possible. The Complainant has given the benefit and a rebate was allowed. There is no deficiency in service on the part of the Opposite Party and the point No.1 is found accordingly.

7. Point No.2:- The point No.1 is found against the complainant and a detail discussion of Point No.2 is not necessary in this circumstances.

In the result, the complaint is dismissed and no order upon cost.

Pronounced in open Forum on this the 29^th day of November 2008.