D.o.F:27/4/12

D.o.O:24/8/12

 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                       CC.No.126 /2012

                        Dated this, the 24th  day of August 2012

PRESENT

SRI.K.T.SIDHIQ                                 : PRESIDENT

SMT.RAMADEVI.P                       : MEMBER   

SMT.BEENA.K.G                               : MEMBER

Cheriyol, W/o Late Narayana,

Koovara House, Moonamkadavu, Po.Periya,                                              : Complainant

Hosdurg, Kasaragod. Dt.                               

(Adv. Manikandan Nambiar.K,Kasaragod)

1.The  Secretary, Hosdurg  Primary Co-operative

 Agricultural & Rural Development Bank Ltd,

Kanhangad,  Po , Kasaragod.

2. The Senior Inspector/Special Sale Officer

Hosdurg Primary Co-operative Agricultural & Rural         : Opposite parties        

Development Bank Ltd, Kanhangad, Branch,

 Po Kanhangad, ,Kasaragod.

 (Ops 1&2 Adv. Vipin.T.Jose,Hosdurg)

ORDER

SRI.K.T.SIDHIQ: PRESIDENT

               Complainant is an agriculturist  availed agricultural loan from  the Ist opposite party Bank.  But successive natural calamities and fall in price of  agrarian products resulted in  crop loss and complainant could not repay the amount.  Therefore the bank has initiated recovery proceedings against the property of the complainant.  According to  the  complainant her loan ought to have been waived as per the Agriculture Debt Waiver Relief Scheme  formulated by the Central Govt. in 2008.  But opposite party did not give the benefits of the said scheme to the complainant.  Hence the complaint.

2.     Opposite parties 1to 3 in their version has stated that they have given all benefits to the complainant as per law  and deducted the amount due to the bank as per the scheme and the recovery proceedings are initiated  only for the balance amount and there is no deficiency in service  on their part. It is also contended that some of the  loans in dispute are not  agricultural loans and they are not eligible  to be considered under the Debt Waiver Scheme.

3.   Both sides heard. 

4.  The Hon’ble High Court of Kerala in WPC Nos. 12552, 12554,12569,and  12570/2011 has  directed the beneficiaries  of the said Agriculture Debt Waiver and Debt Relief  Scheme 2008 to approach the Grievance Redressal officer  for ventilating their grievance in terms of clause 10-3 of the scheme formulated by NABARD to settle the disputes like the rate of interest, eligibility of the beneficiary for the  benefits of the said scheme etc.

5.   In view  of the judgment of the Hon’ble  High Court of Kerala cited above  we direct the complainant to approach the Grievance Redressal  Officer, appointed for the said purpose within one month from the date of receipt of copy of order.  The Grievance Redressal  Officer  shall consider representation and dispose the same expeditiously.  Till the disposal of the said representation all further proceedings for recovery of the amounts involved in agricultural loans availed by the complainant shall be kept in abeyance.  It is made clear that if no representation is filed by the complainant as stipulated within the time mentioned above, then the opposite parties shall be free to continue recovery proceedings initiated by them. It is further made  clear that the opposite parties are at liberty to proceed with the recovery proceedings against the loan dues other than agricultural loans without  awaiting the orders of Grievance Redressal  Officer.

        The complaint is disposed as above.

Sd/                                                               Sd/                                             Sd/

MEMBER                                            MEMBER                                PRESIDENT

eva                                                               /Forwarded by Order/

                                                              SENIOR SUPERINTENDENT