Date of filing : 29-07-2011
Date of order : 19-01-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.190/2011
Dated this, the 19th day of January 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Thahira.B.K, W/o. Aboobacker, } Complainant
Vaveliillath, Parappa.Po,
Andashram Via, Hosdurg Taluk,
Kasaragod.Dt.
(Adv. E.Sukumaran, Kasaragod)
1. The Manager, Hosdurg Primary Co-operative } Opposite parties
Agricultural & Rural Development Bank Ltd,
Beemanady Branch, Po.Beemanady.
Hosdurg Taluk, Kasaragod.Dt.
2. The Senior Inspector/Special Sale officer,
Hosdurg Primary Co-operative Agricultural & Rural
Development Bank Ltd. Po.Kanhangad.
3. The Grievance Redressal Officer, Hosdurg Primary
Co-operative Agricultural & Rural Development
Bank Ltd, Beemanady branch Po.Beemanady.
Hosdrug Taluk
(Ops 1 to 3 Adv. Vipin Jose, Hosdurg)
4. The Assistant Manager, Reserve Bank of India
Rural Planning and Credit Department, Bekary
Junction, P.B.No.6507, Trivandrum.695033.
5. The Chief General Manager, NABARD,
Kerala Regional Office, Punnen Road, Statue,
Trivandrum. 659 039
(Ops 4 & 5 Exparte)
O R D E R
SRI.K.T.SIDHIQ, PRESIDENT
Shorn of unnecessaries the case of the complainant is as follows:
Complainant has availed a loan of `1,00,000/- first opposite party for construction of a house and also availed a sum of `30,000/- as agricultural loan. The said loans were availed by mortgaging the properties. Though substantial amount is repaid later she could not repay the loan amount due to natural calamities and fall in price of agrarian produce. In the mean while government has announced debt relief scheme 2008 to assist the debt stressed farmers and the complainant was entitled for the benefits under that scheme. But that benefit was not fully granted to her. Though she preferred a complaint before opposite party No.3, instead of granting him any relief. Opposite party No.2 initiated recovery proceedings for `99,627/-+ interest from 19-06-2011. According to complainant her loan was fully covered under the Debt Waver Scheme and therefore it ought to have been written off. But opposite parties failed to grant the debt waiver benefits to her. Hence the complaint alleging deficiency in service on the part of opposite parties 1 to 5.
2. On receiving the notice opposite parties 1 to 3 appeared and filed version. Opposite parties 4 & 5 remained absent. Hence opposite parties 4 & 5 had to be set exparte.
3. According to opposite parties 1 to 3 they are unnecessary parties to the complaint since the complainant has not availed any loan from opposite party No.1 and the complainant is not a member of Hosdurg Primary Co-operative Agricultural Rural Development Bank and to their knowledge complainant has availed loan from Hosdurg Primary Co-operative Agricultural Rural Development Bank (Chullikkara branch) and the complainant ought to have been made them as a party in the proceedings. Hence according to them the complaint is liable to be dismissed.
4. After filing the version though complainant has got sufficient opportunity to prove her case that she has availed loan from opposite party, no documents were produced and no steps were taken to prove this aspect.
5. Therefore we accept the contention of opposite parties 1 to 3 that they are unnecessary parties to the complainant and they are unnecessarily dragged to the Forum. Hence the complaint deserves a dismissal with costs to opposite parties 1 to 3.
In the result, complaint dismissed directing her to pay a cost of `5000/-. Out of the said amount `3000/- shall be paid to opposite parties 1 to 3 and `2000/- shall be deposited in the Consumer Legal Aid Account attached to Forum. Time for compliance is limited to 30 days from the date of receipt of copy of order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
