DATE OF FILING : 08.06.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of September, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.119/2010

Between

Complainant : Prabhakaran Nair,

Mullackal House,

Chempakappara P.O,

Eettithoppu,

Idukki District.

(By Adv: C.K.Babu)

And

Opposite Party : The Manager,

Union Bank of India,

Eettithoppu P.O,

Idukki District.

(By Advs: Thomas Perumana & V.C.Sebastian)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

 The complainant availed an agricultural loan of Rs.2,00,000/- from the opposite party bank on 1.10.2001 vide account No.4276060152089 with the security of 4.36 acres of agricultural land in Sy.No.1/1 of Kalkoonthal Village, Kamakshi Kara. The title holder of the above property is one Mr.Sreedharan Nair. A power of attorney was issued in favour of the complainant by the Sreedharan Nair for availing the loan. The loan account became NPA because the repayment was irregular. As per the norms of the Agricultural Debt Waiver and Debt Relief Scheme for farmers in the budget 2008-2009, the complainant is entitled for the benefit of the same. On enquiry at the bank, the opposite party told the complainant that the loan has been included in the Debt Waiver and Debt Relief Scheme for farmers. But the opposite party issued a notice dated 22.05.2010 demanding Rs.3,16,878/- plus interest and it is mentioned that the complainant is entitled only for 25% benefit as per the Debt Waiver and Debt Relief Scheme. The complainant is entitled for the debt waiver of the entire outstanding in the loan account as per the norms of the scheme. The opposite party is trying to make undue profits by making unsustainable and unlawful demands. So this petition is filed for including the complainant's name unconditionally in the list of Debt Waiver and Debt Relief Scheme for farmers and to write off the entire outstanding in the loan account and also for compensation.
 

2. As per the written version filed by the opposite party, it is admitted that Mr.Prabhakaran Nair has availed an agricultural loan of Rs.2,00,000/- from the opposite party under the security of 4.36 acres of patta land which form part of the property having an extent of 4.56 acres in Survey No.1/1-1, 2 and 3 of Kalkoonthal Village in Kochukamakshi Kara owned by late Sri.Sreedharan Nair residing at Nehru Bhavan, Chempakappara Kara. But the property was mortgaged by late Sri.Sreedharan Nair personally himself by depositing the title deed of the property to the opposite party bank eventhough the complainant has availed loan as the power of attorney holder of late Sreedharan Nair. The maximum credit limit provided for agricultural loan was Rs.25,000/- per acre. In the application for agricultural credit itself, the complainant himself stated and endorsed that in addition to the mortgaged property herein, he has got 8 acres of land in his possession at Chempakappara kara and he availed the same agricultural loan from the opposite party for cultivating the same land. This fact was again mentioned by himself in the main loan application form. This was verified and confirmed by the then officer of the opposite party bank in his inspection report. In total, the complainant is holding and cultivating 12.36 acres of land including the patta and non-patta land. As per the Debt Waiver and Debt Relief Scheme declared by the Central Government in the year 2008, based on the guidelines issued by the RBI to the opposite parties, if a farmer is cultivating as Owner or Tenant or Share Cropper of more than 5 acres of land, he comes only under the category of 'Other Farmers' as defined in Clause No.3.7 cited in the definition of RBI guidelines notified with respect to the Agricultural Debt Waiver and Debt Relief Scheme 2008 declared by the Finance Minister in the Union Budget 2008-2009. The complainant herein is cultivating more than 5 acres of land, he is eligible for debt relief only. This fact was informed to the complainant by a notice issued on 22.05.2010. Accordingly on 30.06.2010, the complainant himself approached the opposite party bank and settled and remitted the entire due loan amount of him and his wife without making any protest. His wife also had availed all the benefits offered by the Central Government and the opposite party bank. On 30.06.2010, the complainant and his wife willfully and finally settled their due loan accounts(Complainant in CC No.118/2010 of this Forum) in accordance with the demand notice issued by the opposite party bank. The opposite party has given 25% debt relief to the complainant and his wife and in addition to these, the opposite party also provided 15% concession to the complainant as a special offer from our end. So the complainant has not approached the Forum with clean hands. So there is no deficiency in service on the part of the opposite party. 

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

4. No oral evidence adduced by both parties. Heard from both sides. Exts.P1 and P2 marked on the side of the complainant and Exts.R1 to R4(series) marked on the side of the opposite party. 

5. The POINT :- As per the complainant, the complainant is having only 4.36 acres of patta land in Kalkoonthal village and he availed a loan of Rs.2,00,000/- with the security of the said agricultural land for the purpose of agriculture. He is entitled for the write off of the entire outstanding in the loan account as per the scheme declared by the Government. But the opposite party issued a demand notice on 22.05.2010, demanding Rs.3,16,878/- plus interest because the complainant is entitled only for 25% benefit as per the Debt Waiver and Debt Relief Scheme. Ext.P1 is the copy of the demand notice issued by the opposite party and Ext.P2 is the assessment letter issued by the Civil Engineer for assessing the market value of the property, stating that the complainant is having only 4.36 acres of land. A circular produced by the complainant in both the cases in C.C No.118/2010 and 119/2010 as No.CPD/1566/PL dated 23.05.2008 describing the Debt Waiver and Debt Relief scheme of the Government. As per the opposite party, the complainant is having 4.56 acres of land in Sy.No.1/1-1, 2 and 3 of Kalkoonthal Village and he availed a loan of Rs.2,00,000/- by the security of the above land. But at the time of availing the loan the complainant himself stated and endorsed that in addition to the mortgaged property he has got 8 acres of land in possession at Chempakappara kara and he availed the loan from the opposite party for cultivating the same land. During that time the maximum credit limit provided for agricultural loan was Rs.25,000/- per acre. On verification of the inspection report, it is revealed that the complainant is having 12.36 acres of land including the patta and non-patta land. Ext.R1 is the copy of the letter dated 29.03.2000 showing that some documents have been received from the complainant and the list of documents are also provided in that as below :

1. Title-Patta No.901 dated 22.05.1971 of LA 640/66

2. Title-General Power of Attorney No.158/86 dated 1.10.1986

3. Tax paid receipt No.92 dated 13.03.2000

4. Possession Certificate No.953/2000 dated 13.03.2000

5. Encumbrance Certificate No.1659 dated 22.03.2000

6. Release Deed No.864 dated 6.03.2000.

Ext.R2 is the copy of the Scrutiny Report produced by the counsel for the opposite party bank and the list of documents are also produced. The loan application of the complainant is marked as Ext.R4(series), in which it is written that he is having 12.36 acres of land. 

6. It is admitted by the complainant that he is having 4.36 acres of patta land in Kalkoonthal Village but the opposite party argued that he is having total 12.36 acres of land in possession including the patta and non-patta land. So the complainant is entitled only for 25% benefit as per the Debt Waiver and Debt Relief scheme of the Government. A circular also produced by the opposite party stating the same. But the circular produced by the complainant regarding the Agricultural Debt Waiver and Debt Relief Scheme 2008 declared by the Government, in which it is written that it is for district banks and co-operative societies. The circular produced by the opposite party which is of the Agricultural Debt Waiver and Debt Relief Scheme of the nationalized banks, states that the farmers having more than 5 acres of land are considered as 'other farmers' and they are entitled for a relief of 25% only if they pays the balance 75% in O.T.S Scheme. So we think that the complainant is having about 4.36 acres of land and it is admitted by the complainant himself. No documents such as tax receipt, possession certificate etc. produced by the opposite party to show that the complainant is having more than 5 acres of property. But in CC No.118/2010, which is filed by the wife of the complainant together with this case and it is mentioned that complainant's wife is having 80 cents of agricultural land in Survey No.1/1 of Kalkoonthal Village and availed a loan of Rs.1,00,000/- from the same opposite party. So the complainant in this case and the complainant in C.C No.118/2010 are husband and wife, they are residing in the same address and they are the owner and in the possession of 4.36 acres of land by the husband and 80 cents of land by the wife. So it clearly shows that they are having possession of more than 5 acres of agricultural land and as per the circular issued by the Government, they are eligible for only 25% benefit as per the Debt Waiver and Debt Relief Scheme, if they pays the balance 75%. That was already given by the opposite party bank. So there is no deficiency is proved from the part of the opposite party. 

Hence petition dismissed. No cost is ordered against the complainant. 

Pronounced in the Open Forum on this the 30th day of September, 2010

Sd/-

SRI. LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT. SHEELA JACOB(MEMBER)

Sd/-

SMT. BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

Nil

On the side of Opposite Party :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - Demand Notice dated 22.05.2010 issued by the opposite party

Ext.P2 - Assessment letter issued by the Civil Engineer Smt.Mini.K.Antony

On the side of Opposite Party :

Ext.R1 - Photocopy of letter dated 29.03.2000 issued by the opposite party

Ext.R2 - Photocopy of Scrutiny Report dated 24.03.2000 produced by the counsel  for the opposite party bank

Ext.R3 - Photocopy of Demand Notice dated 22.05.2010 issued by the opposite party

Ext.R4(series) - Photocopy of Loan application of the complainant(6 Sheets)