DATE OF FILING : 5.3.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 18th day of November, 2010
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.61/2010
Between
Complainant : Thankaswami,
Kattuvilayil,
Heliberia P.O.,
Elappara,
Idukki District.
And
Opposite Parties : 1. The Secretary,
Peerumade Taluk Co-operataive Agricultural
& Rural Development Bank Ltd.No.I-273,
Head Office, Elappara,
Idukki District.
(By Advs: A.M. Michael & Prazeeda K. Pillai)
2. The Special Sale Officer,
Peerumade Taluk Co-operative Agricultural
& Rural Development Bank
Elappara,
Idukki District.
O R D E R
SRI. LAIJU RAMAKRISHANAN (PRESIDENT)
The complainant availed an agricultural loan of Rs.2,35,000/- from the opposite party. The said loan became due and the complainant filed an application before the Hon’ble Agricultural Debt Relief Commission and a letter received from the Debt Relief Commission stating that the entire amount of the complainant’s loan have been included in the debt waiver scheme of the Government on 21.1.2009. But when the complainant approached the opposite party bank in order to know the details of the debt waiver scheme, no reply was received from the opposite party. And they also demanded for the payment of the entire amount because no amount has been included in the debt relief scheme. Another notice was issued by the opposite parties demanding Rs.3,36,880/- with 14.5% interest to the complainant. The opposite parties are not ready to reveal the amount included in the write off scheme of the Government. The complainant who is a small scale agriculturist and entitled for the debt relief of the Government. So this petition is filed for directing the opposite parties to include the loan of the complainant availed from the opposite parties in the debt waiver scheme of the Government and also for compensation.
2. As per the written version filed by the opposite party, stating that the complainant availed an agricultural loan of Rs.13,000/- from the opposite party bank by the security of 3 acres of land in Elappara village on 11.10.2002 and on 24.10.2002. Another loan for an amount of Rs.2 lakhs as housing loan was also availed by the complainant in various instalments on 24.10.2002, 27.10.2002, 19.12.2002, 10.1.2003 and on 6.2.2003. It is also agreed by the complainant to repay the loan within a period of 10 years. But the entire loan became due on 1.7.2004 on wards. So a registered notice was issued against the complainant for the repayment. Then the complainant approached the Hon’ble Kerala State Debt Relief Commission. The debt relief commission, on 21.12.2007, ordered the complainant to pay an amount of Rs.15,000/- on 31.1.2008 and another Rs.15,000/- on 28.2.2008. But the complainant paid only 1st instalment before the opposite party bank. A letter was received from the debt relief commission stating that further proceedings can be initiated against the persons, who never acted as per the order of the debt relief commission. So it is decided by the opposite party to recover the loan from the complainant. Rs.7,947/- was included in the debt waiver scheme which was the entire due of the complainant’s loan up to 31.12.2007 and the interest up to 28.2.2008. That was published in the notice board of the bank. So there is a due of Rs.2,15,212/- in the account of the complainant’s loan and the complainant have to pay Rs.3,36,880/- to the opposite party for clearing the same with interest. The housing loan availed by the complainant cannot be included in the debt relief scheme of the Government and the agricultural loan availed by the complainant has been included in the debt relief scheme. So this petition is not at all liable for any of the relief.
3. The point or 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 Exts.P1 to P6 marked on the side of the complainant and Exts.R1 to R4(series) marked on the side of the opposite party.
5. The POINT :- The petition is filed for including the loan availed by the complainant in the debt relief scheme declared by the Government. The complainant deposed as PW1. PW1 availed an agricultural loan from the opposite party bank and when PW1 approached the Debt Relief Commission when the loan became due for including the loan in the debt relief scheme, a reply was received from the Debt Relief Commission dated 21.1.2009 stating that the entire dues of the complainant’s loan upto 31.12.2007 have been included in the write off scheme of the Government, copy of the same which is marked as Ext.P1. Ext.P2 is the notice issued by the opposite party to the complainant demanding Rs.3,10,748/-. Another demand notice issued by the opposite party dated 17.2.2010 for demanding Rs.3,43,564/- which is marked as Ext.P3. The complainant’s loan became due because of the failure in the agriculture due to natural calamities. Copy of the certificate issued from the Agricultural Officer, Elappara, stating the same is marked as Ext.P4. The recovery notice issued from the Recovery Officer of the opposite party is marked as Ext.P6 and the notice dated 3.11.2009 demanding Rs.3,36,880/- with 14.5% interest, issued by the opposite party is marked as Ext.P5. On cross examination of the learned counsel for the opposite party, PW1 deposed that, as per the order from the Debt Relief Commission, it is stated that the complainant should remit Rs.15,000/- on 31.1.2008 and Rs.15,000/- on 28.2.2008. The 1st instalment was paid by the complainant and he never paid the 2nd instalment. The complainant is not at all aware of the amount included by the opposite party in the debt relief scheme. PW1 also deposed that because of loss in agriculture, he was not able to repay the loan amount and this petition is filed only for getting some period for the repayment. The opposite party produced the order from the Hon’ble Kerala State Farmers Debt Relief Commission dated 21.12.2007 directing the complainant to pay Rs.15,000/- each to the opposite party on or before 31.1.2008, 28.2.2008 and on or before 31.3.2008. But the complainant paid only Rs.15,000/- to the opposite party and another letter issued from the Secretary, Kerala State Farmers Debt Relief Commission dated 24.9.2007 as SMP.02/2007 as a reply for the letter issued by the opposite party, stating that appropriate action can be taken against the persons, who never acted as per the conditions of the Stay Order of the Debt Relief Commission. The application of the complainant’s loan is marked as Ext.R4(series) in which it is stated that an application for Rs.35,000/- is for agriculture and another for Rs.2 lakhs for housing loan. The loan amount sanctioned is Rs.2 lakhs as housing loan as per Ext.R4(b), the plan of the building constructed by the complainant also produced. Ext.R2 is the ledger copy of the complainant’s loan account in which the complainant received Rs.8,000/- on 24.10.2002 for the construction of boundary kayyalas and another amount Rs.7,000/- was received on 24.10.2002 for cultivating cardamom. The complainant received another amount Rs.50,000/- on 24.10.2002 for foundation and basement of the complainant’s building, Rs.50,000/- on 13.12.2002 for superstructure and another amount of Rs.50,000/- on 19.12.2002 for the construction of roof, Rs.30,000/- received on 10.1.2003 and Rs.20,000/- was received on 6.2.2003 for the finishing work of the building.
So it is very clear from the documents produced by the opposite party which are Exts.R2 and R4 shows that the complainant availed loan from the opposite party bank in which Rs.15,000/- for the purpose of agriculture and Rs.2 lakhs for the purpose of housing. When the loan became due, the complainant approached the Hon’ble Kerala State Farmers Debt Relief Commission and the Commission ordered a conditional stay for further recovery of the loan. The condition was to repay Rs.15,000/- each with 3 instalments. But the complainant paid only Rs.15,000/- and the further instalments were not paid. Copy of the order is marked as Ext.R3 and the opposite parties are entitled to proceed against the complainant as per the letter issued from the Debt Relief Commission which is Ext.R1. The complainant got a debt relief of Rs.7,947/- for his agricultural loan, the entire due instalments upto 31.12.2007 and its interest upto 28.2.2008 were included in that amount. But the complainant is bound to pay the housing loan received by him and that amount is due now. The opposite party is entitled to recover the same with interest. As per the cross examination of the learned counsel of the opposite party, the complainant himself admitted that this petition is filed only to get some time for repayment of the loan. So we think that there is no deficiency in the part of the opposite party.
Hence the petition dismissed. No cost is ordered against the complainant.
Pronounced in the Open Forum on this the 18th day of November, 2010
Sd/-
SRI. LAIJU RAMAKRISHNAN (PRESIDENT)
Sd/-
SMT. SHEELA JACOB (MEMBER)
Sd/-
SMT. BINDHU SOMAN (MEMBER)
APPENDIX
Depositions :
On the side of the Complainant :
PW1 - Thankaswami
On the side of the Opposite party :
Nil.
Exhibits :
On the side of the Complainant :
Ext.P1 - Letter from the Agricultural Debt Relief Commission dated 21.1.2009.
Ext.P2 - Notice from the Peerumade Co-operative Agricultural and Rural Development Bank
Ltd.No.I.273, Elappara, dated 20.10.2007.
Ext.P3 - Notice from the Peerumade Co-operative Agricultural and Rural Development Bank
Ltd.No.I.273, Elappara, dated 17.2.2010
Ext.P4 -. Copy of the certificate issued from the Agricultural Officer, Elappara dated 24.1.2008.
Ext.P5 - Notice issued by the opposite party dated 3.11.2009.
Ext.P6 - Notice issued by the Recovery Officer of the opposite party dated 27.5.2005
On the side of the Opposite parties :
Ext.R1 - Copy of the letter from the Debt Relief Commission dated 24.9.2007.
Ext.R2 - Ledger copy of the complainant’s loan account.
Ext.R3 - Copy of the letter from the Debt Relief Commission dated 21.12.2007.
Ext.R4(a) - Loan application of the complainant dated 18.9.2002.
Ext.R4(b) - Application for Housing Loan.
Ext.R4(c) - The plan of the building constructed by the complainant.
