Karnataka

Kolar

CC/40/2017

Mr.Nagraju - Complainant(s)

Versus

The Manager, Canara BAnk - Opp.Party(s)

Sri.Y.C.Somappa

16 Feb 2018

ORDER

Date of Filing: 05/05/2017

Date of Order: 16/02/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^th DAY OF FEBRUARY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 40 OF 2017

Mr. Nagraju,

S/o. Muniyappa,

Aged About 46 Years,

Agriculturist, Residing at:

M.Agrahara Village, Hanumanahalli Post,

Duggasandra Hobli,

Mulbagal Taluk.                                               ….  COMPLAINANT.

(Rep. by Sri. Y.C. Somappa, Advocate)

 

- V/s -

The Manager,

Canara Bank,

Uthanur Branch,

Mulbagal Taluk, Kolar District

(Rep. by Sri.M. Dayananda, Advocate)              …. OPPOSITE PARTY.

 

-: ORDERS:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the opposite party to furnish clearance certificate in respect of the complainant’s loan account and to release the title deeds which was mortgaged with the OP and order to pay Rs.20,000/- towards deficiency of service and Rs.20,000/- towards mental agony and hardship and to grant such other reliefs.

 

02.   The facts in brief:-

(a)    The complainant availed loan of Rs.1,50,000/- on 14.06.2006 under loan account No. AL AA 2394 and the OP has issued sanction letter informing the complainant to execute the mortgage of title deeds in favour of OP-Bank and he has mortgaged his property bearing Survey No.50/P1 situated at Bandarahalli Village, Duggasandra Hobli, Mulbagal Taluk, in favour of OP-Bank.  After availing loan he has paid some amount towards the said loan account.  During 2008 the Hon’ble Prime Minister of India gave an order dated: 10.06.2008 to wave the Agriculture and Debt Relief Scheme to all the persons who have availed Agricultural loan.  The OP has issued letter dated: 09.08.2008 calling upon the complainant to avail the said benefits and informed the complainant to collect the certificate in respect of the said loan. 

 

(b)    Further complainant has contended that, during the month of June-2009 the complainant approached the OP-Bank and OP has insisted to pay Rs.20,000/- and to clear the said loan.  The complainant has paid the said amount on 27.06.2009 with respect of the said loan account and requested the OP-Bank to discharge the title deeds.  But the OP-Bank did not discharge the title deeds in spite of repeated requests and demands and avoiding to give the clearance certificate. 

 

(c)    Further contention of the complainant is that, the OP-Bank is harassing the complainant to pay the balance loan amount stating that, the complainant’s loan have not weaved under the said scheme.  The OP-Bank has dishonestly harassed the complainant on 21.02.2017 to make payment of Rs.500/- from the complainant to account No.1482866002956 towards settlement of the above said loan account.  The OP-Bank has failed to release the original title deeds and the complainant has issued legal notice dated: 25.02.2017 to the OP-Bank.  The OP-Bank has failed to comply the notice and the complainant has approached this Forum seeking the above set-out reliefs. 

 

03.   Along with the complaint the complainant has submitted following documents:-

(i) Pay-in-slip towards payment of Rs.500/-

(ii) Challan containing acknowledgment towards payment of Rs.20,000/-.

(iii) Prime Minister Manamohan Singh Notice dated: 10.06.2008.

(iv) Letter dated: 09.08.2008 issued by the Branch Manager of Canara Bank to complainant.

(v) Legal notice dated: 25.02.2017 issued by the complainant to OP-Bank with postal receipt and acknowledgment.

(vi) Track Consignment issued by the Sub-Post Master.

(v) Letter dated: 14.06.2006 issued by the OP-Bank to Mulbagal Branch.

(vi) Check list for scrutiny and approval of LSR by Branch.

(vii) Inspection report of the immovable properties.

(viii) Engineer’s Certificate

(ix) Copy of the mutation register

(x) Copy of RTC extract

(xi) EC Extract copy

(xii) Certificate issued by Village Accountant

(xiii) G-tree issued by the Village accountant

(ix) Receipt Patta copy

(x) Will copy

(xi) Form 7 copy

(xii) Plan of proposed construction house.

 

04.     In response to the notice, the learned counsel appearing for OP-Bank appeared and filed objections admitting the above said loan transactions and so also weaver of agricultural and debt relief scheme of 2008.  The OP has specifically contended that, the complainant has availed the investment loan and he will not come under the small and marginal farmers category who does not exceed loan amount of Rs.50,000/-.  The complainant will fall under other farmers category as he has availed Rs.1,50,000/- towards loan amount for the purpose of sericulture and he is not eligible for full viewer of the loan as per the notification.  And as per the notification he will get OTS rebate of 25% of the eligible amount amounting to Rs.20,000/-.  As per the said notification the OP has called the complainant vide letter dated: 09.08.2008 and after knowing the said scheme and guidelines complainant has paid Rs.20,000/- and the Bank has also credited the eligible amount.  Thereafter the loan become overdue and the bank has called upon the complainant on many occasions to clear his loan by paying the installments along with interest, but the complainant has defaulted in repaying the said loan.  The complainant has approached the Bank on 22.02.2017 and to settle the account under one time settlement he paid Rs.500/- and agreed to pay the balance OTS amount before March-2017.  Now present liability of the complainant is Rs.3,55,905/- as on 30.06.2017 and hence OP-Bank has prayed for dismissal of the complaint.

 

05.   Along with the version the learned counsel for OP has filed following documents:-

(i) Guidelines regarding Agriculture Debt. Waiver and Debt relief scheme 2008.

(ii) Statement of complainant from 20.06.2006 to 20.05.2010.

(iii) Account detail form of other farmers.

(iv) Challan dated: 27.06.2009

(v) Notice to complainant issued by Bank to collect certificate regarding scheme.

(vi) Statement from 08.03.2011 to 30.06.2017.

 

06.   On 18.09.2017 the learned counsel appearing for complainant has submitted complainant’s affidavit evidence by way of examination-in-chief and on 07.11.2017 the learned counsel appearing for OP has submitted affidavit evidence of Manager of the OP-Bank by way of examination-in-chief.  On 04.01.2018 the learned counsel for complainant has submitted complainant’s written arguments.  On 22.01.2018 the learned counsel for OP has submitted Memo with 04 below mentioned documents:-

(i) Letter of Revival Dated: 27.06.2008

(ii) Letter of Revival dated: 15.03.2011

(iii) Letter of Revival dated: 08.03.2014.

(iv) Letter of Revival dated: 04.03.2017.

 

07.   We have heard the oral arguments on both sides. 

 

08.   Therefore the points that do arise for our consideration are:-

(1) Whether is there deficiency in service on the part of OP?

(2) If so, whether the complainant is entitled for the reliefs as he sought for in the complaint?

 

(3) What order?

 

09.   Our findings on the above stated points are:-

POINT (1):-      In the Negative

POINT (2):-      In the Negative

POINT (3):-      As per the final order

for the following:-

REASONS

POINT (1) & (2):-

10.   These points are taken up together for discussion to avoid repetition of facts and reasonings.

 

11.   The contention of complainant is that according to scheme of Hon’ble Prime Minister OP had collected Rs.20,000/- towards complete clearance of his loan account bearing No.AL AA 2394 and refused to discharge the title deeds of the mortgaged properties which is kept pledged towards this loan.  Contrary to this, OP specifically contends that, as per Para-3.7 of notification of Government Of India this complainant will not come under small and marginal farmers and he will fall under other farmers category as he has availed loan of Rs.1,50,000/- for the purpose of sericulture rearing.  Hence the said loan is not eligible for full waiver as per the notification.  And also the eligible amount for debt waiver for this complainant is Rs.37,870/- and it given rebate in OTS scheme of 25% of the eligible amount or Rs.20,000/- whichever is higher, the balance amount of Rs.3,55,905/- has to be paid. 

 

12.   On perusal of the condition at Para.3.7 as per notification of government agricultural debt waiver and debt relief scheme, 2008 it is true that the contention of OP-Bank is believable and also according to condition at 6.1 of the said notification this complainant will get 25% of rebate and rest of 75% of loan amount the complainant has to pay.  And also on perusal of continued sheet of Bank pass-sheet it is true that for the loan limit amount of Rs.1,50,000/- which was availed for the purpose of sericulture rearing the maximum amount of debt relief proposed is Rs.20,000/-. 

 

13.   In view of the above discussion we come to the conclusion that, there is no deficiency in service on the part of OP and accordingly we answered issues (1) & (2) are in the negative.

 

POINT (3):-

14.   In view of the above discussions on Points (1) and (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands dismissed with no costs.

 

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 16^th DAY OF FEBRUARY 2018)

 

 

LADY MEMBER                                PRESIDENT