DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 29^th  day of August 2014

Present   : Smt.Seena H, President

             : Smt.Shiny.P.R. Member

               : Smt.Suma.K.P. Member                              Date of filing: 25/04/2009         

                                                      (C.C.No.54/2009)        

Divakaran,

S/o.Kasinadhan,

Kadinoor Kolumbu,

Vadavanoor,

Chittur Taluk,

Palakkad. - Complainant

(Adv.P.C.Sivadas) 

Vs

The Manager,

State Bank of India,

Agricultural Development Branch,

R.S.Road,

Palakkad. - Opposite party

(By Adv.G.Ananthakrishnan) 

O R D E R

By Smt.Seena.H, President
 

Case of the complainant is as follows:
 

Complainant availed an agricultural loan of Rs.2 lakhs from the opposite party under the Kissan Credit Card Scheme during the month of December 2004. For the loan, father of the complainant stood as surety. Opposite party received documents of the complainant’s property  which consists of 2 acres of land. The loan was utilized for agricultural purpose alone. Due to drought and natural calamities the crops failed and the complainant was unable to repay the loan. There was no intentional default on the side of complainant in making repayment. During the period Central Government declared Agricultural Debt Relief Scheme for the farmers. For small farmers who are holding less than 2 hectars of land will get 100% debt relief. Government also issued notification to this effect. Opposite party mistakenly excluded the complainant from the list of eligible farmers who are the beneficiaries in this scheme. This act of opposite party amounts to deficiency in service on their part. Hence the complaint. Complainant claims to compensate for the overdue of Rs.2,53,577/- 

Opposite party filed version contending the following. Opposite party admits that complainant jointly with his father availed a crop loan Kissan Credit Card of Rs.2 lakhs on 10.12.04. The loan was not repaid in stipulated time and account became irregular. The above said loan account was considered under Agricultural Debt Waiver/Relief Scheme, 2008. But as per the scheme borrowers holding land over 2 hectars of land come under the package of “other farmers” and they are eligible only for debt relief of 25% and are not eligible to complete waiver. As per the conditions of the scheme, the complainant was found eligible only for 25% of the outstanding loan amount as waiver. Their names were included in the list and published in the branch notice board as per the directions given by the Government. A registered letter was sent to him on 22.09.08 to remind the terms and conditions of opposite party's one time settlement. As there was no response from the side of complainant even after receipt of the above said registered notice. A legal notice was served on the complainant on 27.01.2009 and on receipt of the same complainant remitted a token amount of Rs.1,000/- on 31.01.2009 towards the 1^st installment. Complainant defaulted the terms of the agreement and committed breach of contract. Hence there is no deficiency in service on the part of the opposite party. 

Complaint was once allowed by the Forum directing opposite party to pay an amount of Rs.10,000/- to the complainant, against which opposite party  preferred appeal. Hon’ble State Commission set aside the order of Forum and directed to re-consider the matter and if possible to direct the opposite party to provide complainant the benefits of the scheme to the extent of eligibility  and provide him OTS facility even if the dates specified therein are over by issuing necessary directions in this regard.

After remand, several chances were given for settlement and thereafter sent to mediation centre, but settlement did not materialize.  Further evidence adduced consists of Ext.A4 and A5 on the part of the complainant and Ext.B4 & B5 on the part of opposite party. Earlier Ext.A1 to A3 was marked on the side of complainant. Ext.B1 to B3 was marked on the side of opposite party.

Heard both parties.

The definite case of the complainant is that he has availed loan for which his father has stood surety. According to opposite party, complainant and his father were co-applicants. Ext.B2 is the loan application form. On verification of the same, it is seen that the applicants name column is left blank. In the column for providing address both the complainants and his father’s name is seen mentioned. Ext.B1 lawyer notice is seen issued to both the complainant and his father. Further B3 account statement also both are mentioned as applicants. Moreover Ext.B1 is the possession certificate submitted by the complainant for availing loan. Ext.B1 is the possession certificate of complainant’s father. The following documents will lead to the conclusion that the complainant and his father were co-applicants to the loan and non mentioning of the name in Ext.B2 is merely an omission on the part of opposite party.

Next issue is whether the complainant is entitled for waiver under the scheme and if so, what is the quantum of eligibility. According to the complainant, he is entitled for 100% waiver. For claiming  100% waiver  complainant must be a marginal or small farmer. According to Ext.B1 possession certificate, the extent of land under possession of the applicant is 3.2552 acres. As per the Debt Waiver Scheme 2008, clause 3.6 small farmer means a farmer cultivating agricultural land of more than 1 hectare and upto 2 hectars (5 acres).

After remand opposite party has produced the purchase certificates of Kasinadhan to prove that they possess  13.29 acres of land. The same was not taken  in evidence for the reason that the documents does not reveal the actual property  possessed by the complainant at the time of availing the loan. Ext.A3  the possession certificate issued to the complainant is  also not taken in evidence for the reason that the same was issued  in the year 2010 and the loan was issued in the year 2004. As per the scheme  also

Ext.B5 3.7 : ‘Other Farmer’ means a farmer cultivating (as owner or tenant or share cropper) agricultural land of more than 2 hectares (more than 5 acres). The classification of eligible farmers as per the above landholding criteria  under the Scheme would be based on the total extent of land owned by the farmer either singly or as joint holder (in the case of an owner-farmer) or the total extent of land cultivated by the farmer (as tenant or share cropper) at the time of sanction of the loan, irrespective of any subsequent changes in ownership or possession.

As per the evidence on record, complainant can only be listed under the head ‘other farmer’. The evidence on record shows that the complainant is entitled for 25% waiver. It is also an admitted fact. As per the scheme complainant is entitled to 25% of the outstanding loan amount as waiver provided complainant pay the balance amount by way of One Time Settlement. It is the case of the complainant that no notice in this regard was forwarded to him. On the other hand opposite party has contended  the fact that the complainant was included in the list of other farmer is evident from the undertaking signed by the complainant on 28/08/2008 promising to repay  the loan as per the condition of the scheme. Further a registered letter was sent to him on 22/09/2008 to remind the terms and conditions of the scheme. Other than mere pleadings no evidence is forthcoming to prove the above two aspects. It can only be presumed that opposite party failed to intimate about the benevolent scheme to the eligible parties thereby denying the parties the benefits provided by the Govt. The act amount to gross deficiency in service on the  part of opposite party.

Issue No.2

As per Ext.B3 as on 31/12/2007 complainant is entitled for an amount of Rs.60,000/- as waiver. Complainant is under liability  to pay Rs.1,80,000/- for availing the benefit under One Time Settlement  Scheme. Due to the act of opposite parties, complainant not only suffered loss to the extent of Rs.60,000/-, but also was under liability  to pay accrued interest till date. Complainant prayer to include him in the list under the scheme turn out to be infructuous as the scheme is already over. We are of the view that the loss suffered by the complainant has to be adequately compensated.

In view of the above discussions we allow the complaint partly and order the following:

1. Opposite party is directed to pay complainant an amount of Rs.70,000/-

(Rupees Seventy thousand only)as compensation.

1. Opposite party is directed to set off the accrued interest from 31/12/2007 onwards.

1. Opposite party is further directed to provide complainant atleast three installments to pay the balance amount.

1. Opposite party is also directed to pay complainant an amount of Rs.5,000/- (Rupees Five thousand only) towards cost of the proceedings.

1. Order to be complied within 2 months from the date of  receipt of order failing which complainant is entitled for 9% interest for the whole amount from the date of order till realization.  

Pronounced in the open court on this the 29^th day of August 2014.

                                                                                                          Sd/-

                      Seena H

                      President   

                           Sd/-

                     Shiny.P.R.

                      Member

                           Sd/-

                     Suma.K.P.

                      Member

Appendix

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Lawyer notice dt.27.01.2009 sent by opposite party to complainant

Ext.A2 – Photo copy of reply dt.12.02.2009, postal receipt and acknowledgement card etc.
 

Ext.A3 – Possession Certificate dt.3/5/2010

Ext.A4 – Notice issued by RR Tahsildar to the complainant dated 26/11/13

Ext.A5 – Notice issued by the opposite party dated 28/01/2014.

Exhibits marked on the side of opposite party

Ext.B1 – Possession certificate dt.7/12/04

Ext.B2 – Application for Agricultural loan submitted by complainant  dt.10/12/04

Ext.B3 – Photocopy of statement published by opposite party

Ext.B4 – Attested copy of Certificate of Purchase

Ext.B5 – Photocopy of Agricultural Debt Waiver & Debt Relief Scheme 2008

Cost (Allowed)

Rs.5,000/- (Rupees Five thousand only) as cost