DATE OF FILING : 18.1.2010.

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 29^th day of March, 2010

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.20/2010

Between

Complainant : Babu, S/o Ninan,

Chakkalayil House,

Helberia P.O.,

Elappara,

Idukki District.

And

Opposite Parties : 1. The Secretary,

Peerumade Agricultural Development

Co-operative Bank Ltd.,

No.1273, Elappara,

Idukki District.

(By Advs: A.M. Michael,

Prazeeda K. Pillai)

2. The Special Sale Officer,

Thaluk Agricultural Development

Co-operative Bank Ltd.,

Peerumade, Elappara,

Idukki District.

O R D E R

SRI. LAIJU RAMAKRISHANAN (PRESIDENT)

The complainant had availed a housing loan and an agricultural loan from the opposite party bank. The agricultural loan was became due and the complainant is entitled to get the benefit under the Agricultural Debt Waiver and Debt Relief scheme declared by the government. No reply was given by the opposite party when the matter was informed at the opposite party's office. The pass book was also not issued by the opposite party. As per the notice issued by the opposite party on 8.5.2009 which is written that there is a due of Rs.1,09,939/-. In the notice issued on 25.9.2009, it is written that Rs.1,12,819/- is due to the opposite party bank. In the notice issued on 17.12.2009, it is written that an amount of Rs.1,77,795/- is due to the opposite party bank. It means that the interest and penal interest is includes to Rs.67,856/- within 7 months. The interest calculated by the opposite party is hike and illegal. So this petition is filed for directing the opposite party to include the loan of the complainant in Agricultural Debt Relief and Debt Waiver scheme of the government. And also for cancelling the hike interest ordered.

2. As per written version of the opposite party, it is admitted that the opposite party has issued 4 loans to the complainant with the security of 1 acre 05 cent of land in survey No.366 of Elappara Village. In that Rs.29,000/- was agricultural loan and Rs.75,000/- was housing loan. The complainant had paid only Rs.7,042/- to the opposite party bank. The opposite party included the complainant's loan in the Debt Waiver and Write off scheme declared by the government and the complainant got Rs.24,447/- as benefit in that scheme. The details of the benefit obtained by the complainant are :

Loan No:     Date on which benefit was given     Interest      Amount

 1. 480/LD        30.6.2008                                         7,058          3,135

2. 107/C           30.6.2008                                         4,838          1,134

3. 187/MI          30.6.2008                                         6,858         1,424

                                                                                  ------------     -----------

                                                                                   18,754         5,693

                                                                                  =======    =======
 

The amount demanded in the notice is the due amount up to 1.4.2009. The increased amount in the notice on 25.9.2009 is only Rs.2,880/- in that Rs.2,666/- is the original amount and Rs.214/- is the interest. The another notice is for an amount Rs.1,77,795/- which is the entire amount for closing the loan. Loan No.277/HO is a housing loan and the benefit under the Agricultural Debt Relief and Write off scheme cannot be given to that loan. So the opposite party acted as per the circular of the government and the complainant has made dues in the loan amount. This petition is filed only as experimental.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PW1 and Ext. P1 to P5 marked on the side of the complainant.

5. The POINT :- The complaint is filed for getting the benefit declared by the central government in 2008 in the scheme of Agricultural Debt Relief and Write off. The complainant was examined as PW1. PW1 deposed that on 17.8.2001, he availed Rs.29,000/- as agricultural loan and Rs.75,000/- as housing loan. The opposite party never informed the complainant that the due of Rs.24,447/- was included in the write off scheme of the government. That matter was submitted before the forum only. As per the reply by the bank, it is written that on 30.6.2008, they have given Rs.24,447/- as benefit and Rs.7,042/- was paid by the complainant in the loan account. So the complainant has paid an amount of Rs.31,489/- to the opposite party bank but the opposite party demanded Rs.1,77,795/- on 7.12.2009. Another notice was received on 9.2.2010. It is the auction declaration notice. The circular of NABARD is marked as Ext.P1. The notice issued on 8.2.2010 is marked as Ext.P2. The notices issued by the opposite parties are marked as Ext.P3 (series). As per the circular, no interest can be calculated to the amount which is entitled for Write off scheme by the government after 29.2.2008. No statement of accounts were given to the complainant. As per the cross examination of the learned counsel for the opposite party, the complainant deposed that the housing loan was availed on 2001 and agricultural loan was availed on 2002. The period of loan was for 12 years. The agricultural loan was for the construction of boundary kayyalas. Not even a single amount was repaid in the agricultural loan. In the housing loan, 8 instalments were paid, each comes amount to Rs.2,900/- in every quarter. The complainant is not aware of the amount of the write off scheme given to the complainant by the opposite party. PW1 approached the opposite party for getting the loan account only after filing this petition. This petition is filed only after getting notice of auction. And it is also deposed by the PW1 that the petition is filed only for getting time for repaying the amount.

The opposite party has given benefits under the Write off scheme of the government which is Rs.24,447/- in the agricultural loan. They cannot include the housing loan in the Agricultural Debt Waiver and Relief benefit declared by the government. The complainant is also a chronic defaulter in the loan. He never paid any amount in the agricultural loan. As per the cross examination, the complainant also admitted that the petition is filed only for getting some time for repayment of the loan. He never asked for statement of accounts before the opposite party.

So we think that there is no deficiency is seen from the part of the opposite party. But the complainant is a poor illiterate farmer, who is ready to pay the loan amount within 4 months. The opposite party is also ready for the settlement.

Hence the petition dismissed. But the opposite party is directed to give monthly instalment facility to the complainant in the repayment of the loan not less than 4.

Pronounced in the Open Forum on this the 29th day of March, 2010.

Sd/-

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Babu Ninan

On the side of the Opposite party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the circular No.CPD/1566/PL-14/2008-09 dated 23.5.2008, issued by the

NABARD.

Ext.P2 - The auction notice issued by the Special Sale Officer of Thaluk Agricultural

Development Co-operative Bank Ltd., Peerumade.

Ext.P3 (series) - Notices dated 25.9.2009, issued by the opposite party.

Ext.P4 - The notice dated 8.5.2009, issued by the opposite party to the complainant.

Ext.P5 - The notice dated 15.12.2009, issued by the opposite party to the complainant.