By. Sr. P. Raveendran, Member:-
Brief of the complaint:- The complainant is the member of Sulthan Bathery Co-operative Agriculture and Rural Development Bank Limited. He applied for a business loan and the bank sanctioned Rs.4,00,000/- by installments. On 20.08.2011 he got Rs.1,40,000/-as first installment. But the balance amount is not paid to the complainant. Several times he approached the bank for getting the balance amount. At that time he got information from the bank, the director board of the bank is dismissed and there by there is some problem existing in the bank, so the bank will not disburse the balance amount to the complainant. At that time the complainant requested the bank he is ready to give back the amount of Rs.1,40,000/- already accepted from the bank and he requested the bank to return the documents produced by him. At that time bank authorities told that they are not ready for it. But non receivel of the amount from the bank affected his business and there by he has loss an amount of Rs.4,000/- each per month. Hence it is prayed that to direct the bank to pay the balance installments and award Rs.1,00,000/- as compensation.
2. The opposite party appeared and filed their version. In the version they stated that the formation of the new bank is not as per the law. So the Registrar of the Co-operative societies stopped the functioning of the work of the bank and the responsibility vested upon the parent bank that is Wayanad Agricultural Development Bank. The complainant accepted first installment on 20.08.2011, on the same day the ordinance received in the bank. So the ordinance is brought in to the notice of the complainant and also told the complainant that it will take some time to get the other installments. If the complainant repay the entire amount the document will be given back to the complainant. So the complainant can remit the loan amount and take back documents or to wait some more time to get any order from the government regarding the payment.
3. On considering the complaint and version the following points are to be considered.
1. Is there any deficiency in service on the part of the opposite parties?
2. Relief and cost.
4. Point No.1:- The complainant has filed his proof affidavit. Ext.A1 is marked. No oral evidence is adduced on the side of the opposite party. Exts.B1 to B6 were marked to prove opposite party's case.
5. On perusing Ext.A1 document it is seen that Rs.4,00,000/- is sanctioned to the complainant as ELS loan by opposite party. It is clear from Ext.A1 Rs.1,40,000/- paid to the complainant on 20.08.2011. Further it is seen that an amount of Rs.1,30,000/- paid to the complainant on 19.03.2012 that is after filing this complaint. Ext.B1 is the loan application of the applicant. Ext.B2 is the loan sanction order. As per the above Order a loan of Rs.4,00,000/- is sanctioned to the complainant on 18.08.2011 by mortgaging an extent of 0.0405 hector of land worth Rs.8,00,000/-. Ext.B3 is the receipt given to the Sulthan Bathery co-operative Rural Agricultural Development Bank. On perusing same it seen that Rs.2,70,000/- is paid to the complainant. Ext.B4 is the Gehan executed by the complainant in favor of the bank by mortgaging 0.0405 hector of land. Ext.B5 is the copy of letter addressed to Special Officer, Sulthan Bathery Primary co-operative Agricultural & Rural Development Bank Ltd. Ext.B6 is the copy of the letter of Registrar Kerala co-operative societies, Trivandrum to the special officer, PCARDB, Wayanad and others. On perusing the complaint and above documents it is clear an amount of Rs.4,00,000/- is sanctioned to the complainant as business loan. But whole amount is not disbursed to the complainant. On perusing Ext.B6 it is clear that as per the above order the Registrar directed to the special officer/Assistant Registrar, PCARDB Sulthan Bathery and the Secretary PCARDB, Wayanad and others to pay the further installments of the loan amount as per Gehan. But it is clear that an amount of Rs.1,40,000/- is to pay to the complainant. The non giving of the installment is the deficiency of service on the part of th opposite party. The bank is constituted for giving loan to the loanees after complying the formalities of the bank. It is clear that the complainant had complied all the formalities before sanctioning the loan amount. So non giving the sanctioned loan is deficiency of service on the part of the opposite party. Point No.1 is decided accordingly.
6. Point No.2:- On perusing the documents produced by the complainant and opposite party, it is clear that the complainant has to get one more installment (Rs.1,30,000)from the bank. The bank has to pay the installment amount to the complainant. The complainant has to repay the installments as per the law.
In the result the complaint is partly allowed. The opposite party is directed to pay the balance installment due to the complainant. The opposite party is also directed to pay Rs.500/- (Rupees Five Hundred Only) as cost of this litigation. This is to be complied by the opposite parties within 30 days from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 28th May 2012.
Date of Filing:16.12.2011.
