DATE OF FILING : 27.7.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 20th day of January, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.162/2010
Between
Complainant : Ummen, S/o Varghese,
Thazhathedathu House,
Chellarkovil P.O.,
Idukki District.
(By Adv: V.P. Jose)
And
Opposite Party : The Manager,
Malanadu Co-operative Agricultural and
Rural Development Bank Ltd., No.K 352,
Puttadi Branch,
Idukki District.
(By Adv: Tijo Prakash Joseph)
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant availed 2 loans from the opposite party for an amount of Rs.1,10,000/- in the year 2003 for the construction of residential building and also for agriculture by pledging his property in survey No.34/1 of Anakkara village. The interest for the agricultural loan was 10.5% and the interest for housing loan was 11.5%. The complainant was not able to repay the amount promptly because of the failure in agriculture. The loan became due, but he repaid Rs.65,000/- in the year 2006 and Rs.23,000/- in the year 2007. But the bank directed to pay an interest of 13.5% because the loan became due. The complainant repaid Rs.86,500/- in the month of December 2009 as per the offer of the opposite party that the penal interest would be avoided. The concession in penal interest was given only for a nominal amount because the complainant got the write off facility as per the Agricultural Debt Relief Scheme of the Government for an amount of Rs.51,000/-. So a total amount of Rs.95,000/- was paid by the complainant including write off amount. But till the opposite party is directed to pay an amount of Rs.1,35,000/- from the complainant. So this petition is filed for directing the opposite party to avoid the interest of the loan.
2. As per the written version filed by the opposite party, the complainant availed various loans from the opposite party for a total amount of Rs.2,79,163/- in different heads. An amount of Rs.59,868/-was given as subsidy to the petitioner as write off and the said amount was debited from the total amount. The petitioner was very irregular in remitting the loan amount. So the complainant is not entitled to get any compensation.
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?
(cont.....2)
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4. The evidence consists of the oral testimony of PW1 and Exts. P1 to P7 marked on the side of the complainant and the oral testimony of DW1 and Exts. R1 to R4 marked on the side of the opposite party.
5. The POINT :- As per PW1, who is the complainant, he availed agricultural loan and housing loan from the opposite party. Housing loan was for an amount of Rs.60,000/-. The opposite party never supplied any statement of account for repayment of loan. Rs.86,500/- was repaid in the month of December 2009, the total loan received was Rs.1,10,000/- in the year 2003. But PW1 is not aware of the amount repaid by him, because he is not having receipts for the same. The manager of the opposite party told to PW1 that the subsidy of Rs.51,001/- was given to him. Ext.P1 is the copy of the encumbrance certificate of complainant's property. No reschedule application was given by the complainant, but the opposite party received several signatures and thump impressions of the complainant at the time of availing the loan. On cross examination of the learned counsel for the opposite party, the complainant admitted that he availed a loan of Rs.2,79,163/- in 11 different accounts and an amount of Rs.30,849/- was repaid by the complainant. The Loan Section Superintendent of the opposite party, examined as DW1. The statement of account of the complainant's loan has been produced as Ext.R3. DW1 was the Branch Manager of the Puttadi Branch of the opposite party. The complainant received a write off benefit of Rs.59,868/- from the opposite party including the Government subsidy. A notice was issued to the complainant on 14.10.2009 which is marked as Ext.P2 for demanding an amount of Rs.1,66,749/-, as a recovery notice. And a registered notice was issued on 12.5.2010 and it is marked as Ext.P3 showing the dues of the loan which is Rs.1,08,135/-. The complainant applied for getting the copy of the dues account of his loan on 28.6.2010 and the details were given to the complainant, Ext.P5 is the copy of the same. As per the Debt Relief Scheme of the Central Government in the year 2007 the complainant's loan was rescheduled and the rescheduled amount was included in the write off scheme.
It is admitted by the complainant that he availed a total amount of Rs.2,79,163/- in 11 different accounts from the opposite party. As per the complainant, he had repaid some amount to the opposite party, but he is not aware what is the total amount paid to the opposite party. Ext.P7 is the copy of the receipt for payment of Rs.50,000/- to the opposite party dated 10.12.2009. PW1 also deposed that he repaid Rs.86,500/- to the opposite party and the loan availed was for Rs.1,10,000/- in the year 2003. Ext.R1 is the application for the loan given to the opposite party by the complainant for an amount of Rs.40,000/- for agricultural purpose. Ext.R2 is the copy of the application for reschedulement given by the complainant when the loan became due, on 21.3.2005. The detailed statement of account of the complainant's loan produced by the opposite party which is marked as Ext.R3 in which it is written that the complainant availed a total loan of Rs.2,79,163/- in 11 different heads in which Rs.60,000/- is a non-agricultural loan. It is also admitted by PW1 that he availed housing loan for an amount of Rs.60,000/- as per his deposition. PW1 also deposed that he got a subsidy of R.51,001/- from the opposite party, but DW1 deposed that a total amount of Rs.59,868/- has been waived by the bank including the Government scheme. That is also admitted by the complainant. So we think that the complainant never challenged the Ext.R3 statement of accounts produced by the opposite party. As per the Ext.R3, the total amount is Rs.2,79,163/- and it is admitted by both the parties that some amount has been paid by the complainant to the opposite party. The complainant has got a subsidy of Rs.59,868/- as per the write off scheme of the Government. The actual payment details of the loan is not available with the complainant. So it makes us a conclusion that the complainant availed several loans including housing loan, in which the Debt Waiver facility was given to the complainant for his agricultural loan and the balance
(cont...3)
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amount is entitled to pay by the complainant. Counsel for the opposite party submitted that they are ready to give OTS facility to the complainant in the month of March and also ready to avoid penal interest, if the complainant pays the entire amount within one month.
Hence the petition partially allowed. The opposite party is directed to give OTS facility not less than 4 monthly instalments to the complainant for closing his loan availed from the opposite party. Further proceedings against the complainant may be kept in abeyance till that.
Pronounced in the Open Forum on this the 20th day of January, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Varghese Umman
On the side of the Opposite Parties :
DW1 - C.M. Radhamany
Exhibits :
On the side of the Complainant :
Ext.P1 - Copy of the encumbrance certificate of complainant's property.
Ext.P2 - Copy of the recovery notice issued to the complainant dated 14.10.2009.
Ext.P3 - Copy of the registered notice issued to the complainant dated 12.5.2010.
Ext.P4 - Copy of the registered notice issued to the complainant dated 18.9.2009.
Ext.P5 - Copy of the application given by the complainant and the details given by the
opposite party for the same.
Ext.P6 - Copy of the cash receipt issued by the opposite party dated 31.12.2009
for Rs.36,500/-.
Ext.P7 - Copy of the cash receipt issued by the opposite party dated 10.12.2009
for Rs.50,000/-.
On the side of the Opposite Party :
Ext.R1 - Copy of the loan application given by the complainant for Rs.40,000/-.
Ext.R2 - Copy of the application for reschedulement given by the complainant to the
opposite party.
Ext.R3 - The statement of account of the complainant's loan issued by the opposite party.
Ext.R4 - Copy of the implementation circular 1/2008 - Agricultural Debt Waiver and Debt
Relief Scheme, 2008.
