DATE OF FILING : 15.11.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 28th day of February, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.239/2010
Between
Complainant : Chinnamma, W/o Jose,
Thuruthippillil House,
Neyyasseri P.O.
Thodupuzha,Idukki District.
(By Adv: Sibi Jacob)
And
Opposite Parties : 1. The Secretary,
Nedumattom Service Co-operative
Bank Ltd. No.1292,
Vandamattom P.O.,
Thodupuzha,Idukki District.
(By Advs: N.A. Balakrishnan Nair,
A.J Wilson & C.K. Anilkumar)
2. The Special Sale Officer,
Nedumattom Service Co-operative
Bank Ltd. No.1292,
Vandamattom P.O.,
Thodupuzha,Idukki District.
O R D E R
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
The complainant availed a loan of Rs.10,000/- from the 1st opposite party bank for the purpose of agriculture, her husband and son were sureties for the same. The complainant conducted cultivation of pineapple by the loan amount. But due to failure in the agriculture and low market value of the crops, the complainant sustained heavy loss. The only son of the complainant and his wife expired in a road accident. So the complainant was not able to repay the amount properly. The opposite parties are trying to recover the loan and recovery measures were taken by them. Eventhough the Central Government has declared Agricultural Debt Waiver and Debt Relief Scheme for the dues in the loans availed for agriculture, the opposite party denied to give any of the benefits under the same to the complainant. The entire loan availed by the complainant was for agriculture and he is entitled for the benefits under the scheme. There is a direction from the Government that in agricultural loan, the interest should not be recovered more than 10.5%, the interest, penal interest and other miscellaneous expenses should be avoided. Eventhough the complainant was entitled for the write off scheme, it was not done by the opposite parties. On 12.10.2010, a notice was issued by the opposite party demanding to pay Rs.22,310/- within 18.11.2010 and also stating that if not, the property owned by the complainant and her husband which is of 1.39 acres will be attached. So the petition is filed for including the complainant’s loan in the Agricultural Debt Waiver and Write off scheme declared by the Central Government.
(cont....2)
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2. As per the written version filed by the opposite party, the petition is not maintainable before this Forum because it is a dispute in connection with Co-operative Societies Laws. It is admitted that the complainant availed a loan of Rs.10,000/- from the opposite party as membership No.3454 on 22nd January, 2003 and the interest was 12.5%. The loan was not agricultural loan and there was no such interest for agricultural loan. As per the direction of the NABARD, a separate application should be given for agricultural loan and that matter was informed to the complainant. In the bond of the sureties prepared in the bank, it is written that ’own fund loan’ and it is also written in the Pass Book. There is no diminishing of market value of pineapple for the last 10 years. This Forum is not having jurisdiction to maintain the case because the sale officer started the recovery proceedings against the complainant.
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?
4. No oral evidence adduced by both the parties. Exts. P1 to P3 marked on the side of the complainant and Ext.R1(series) marked on the side of the opposite parties.
5. The POINT :- Heard. As per the complainant, she availed an agricultural loan from the opposite party for an amount of Rs.10,000/- for the purpose of agriculture and she cultivated pineapple by the loan amount. But due to failure in the agriculture and low market value of the crops, she sustained a heavy loss. The only son and his wife died in a road accident and so she was not able to repay the loan promptly. The Central Government has introduced several schemes such as Agricultural Debt Waiver and Write off, in the agricultural loans which are due and the complainant’s loan was also entitled for write off scheme as per the scheme introduced by the Government. The circular issued for the same has been produced before this Forum in series of cases submitted by the learned counsel for the complainant. But the opposite party initiated recovery proceedings against the complainant and a demand notice was issued on 12th October, 2010, demanding to pay an amount of Rs.22,310/- before 18.11.2010 which is marked as Ext.P1. Again an auction advertisement was made by the opposite party on 18.11.2010 and the copy of the same is marked as Ext.P2. An attachment notice was issued by the opposite party and it is marked as Ext.P3. As per the opposite party, the interest of the loan was 12.5% and it was not an agricultural loan so the interest was fixed as 12.5%. If it was an agricultural loan a separate application has to be filed by the complainant in order to make the limit of agricultural loan, as per the direction of NABARD and it was not done by the complainant. It is also written in the surety bond of the loan and also in the Pass Book of the loan that it is an ’own fund loan’ and so the complainant is not eligible for the benefits under the Agricultural Debt Waiver scheme of the Government. The opposite party produced the bond of the sureties created by the complainant and her sureties to the opposite parties at the time of availing the loan in which it is written that the interest of loan as 12.5% and the application form is also produced by the opposite party which are marked as Ext.R1(series).
The contention of the opposite party is that the interest fixed is 12.5% and so it is not an agricultural loan. The interest of the agricultural loan was below 12.5%. No copy of the loan Pass Book or any other document produced here by the opposite party to substantiate the same. But as per Ext.R1(series) documents produced by the opposite party, copy of the loan application of the complainant dated 22.11.2003, it is very clearly written that it is an agricultural loan. In the column where the purpose of the loan is written as agricultural. So we think that it is very clear from the documents produced by the opposite party which is Ext.R1(series), the loan application
(cont....3)
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shows that it is an agricultural loan. So the complainant is entitled for getting the benefits under the Agricultural Debt Waiver scheme introduced by the Government in the year 2008. It is a gross deficiency from the part of the opposite party to deny the benefit of the same. The circular of the same has been produced in the series of cases before the Forum. Moreover, the complainant was not able to repay the loan because of the failure in the agriculture and due to the death of her son and his wife in a road accident. So we think that the complainant is an eligible person for the Write off scheme introduced by the Government.
Hence the petition allowed. The opposite parties are directed to include the complainant’s loan in the Write off scheme introduced by the Central Government for agricultural loans within 30 days of receipt of a copy of this order.
Pronounced in the Open Forum on this the 28th day of February, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDU SOMAN (MEMBER)
APPENDIX
Deposition :
On the side of the Complainant :
Nil.
On the side of the Opposite Parties :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - The E.A. Demand notice issued by the opposite party dated 12.10.2010.
Ext.P2 - Auction advertisement of the property of complainant made by the opposite party.
Ext.P3 - The attachment notice issued by the opposite party to the complainant.
On the side of the Opposite Parties :
Ext.R1(a) - The bond of the sureties created by the complainant and her sureties to the
opposite parties.
Ext.R1(b) - Copy of the loan application given by the complainant dated 22.11.2003.
