DATE OF FILING : 4.11.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 28th day of December, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.BINDHU SOMAN MEMBER
C.C No.228/2011
Between
Complainant : Thomas P.J.
Puthupparambil House,
Neelivayal, Thankamany P.O.,
Idukki District.
(By Adv: Biju Vasudevan)
And
Opposite Party : The Manager,
Malanadu Co-operative Agricultural and
Rural Development Bank Ltd.,
No.K.352, Kambilikandam Branch,
Kambilikandam P.O.,
Idukki District.
O R D E R
SMT. BINDHU SOMAN (MEMBER)
The complainant has availed a loan of Rs.60,000/- from the respondent bank on 22.01.2000. The loan became defaulted. The complainant sent an application to the Hon'ble Farmers Debt Relief Commission on 26.02.2011. The Hon'ble Commission considered his application and passed an order. As per the order, the complainant is directed to pay Rs.47,000/- to the opposite party bank. With the order, the complainant had approached the opposite party for the payment. But the opposite party never allowed. The rejection of payment comes under the definition of deficiency of service. Hence the complainant filed this petition before this Forum.
2. In spite of notice from the Forum, the opposite party was absent. No written version filed. So the opposite party called exparte.
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 the parties.
(cont....2)
- 2 -
5. The POINT :- The complainant have no oral evidence. With the complaint itself, produced the order of the Hon'ble Farmers Debt Relief Commission. The receipts of earlier payments are also produced by the complainant.
The aim and object of the Kerala Farmers Debt Relief Act, 2006 is to help the Farmers in their financial stringency. The complainant is ready for the payment, but the opposite party was objected the payment. We think that the order of the Hon'ble Farmers Debt Relief Commission is very much binding to the opposite party bank. The non-acceptance of payment is a deficiency of service.
Hence the petition allowed. The opposite party is directed to receive Rs.47,000/- from the complainant as per the order of the Hon'ble Farmers Debt Relief Commission and issue the documents pledged at the opposite party bank to the complainant. The complainant is also directed to approach the opposite party for the payment within 30 days of receipt of a copy of this order.
Pronounced in the Open Forum on this the 28th day of December, 2011
Sd/-
SMT. BINDHU SOMAN (MEMBER)
Sd/-
I agree SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
APPENDIX
Nil.
