BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 30th day of September, 2009
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.16/2009
Between
Complainant : C.N.Unnikrishanan,
Cheruparambil House,
Anakkulam P.O,
Perumbakuthu,
Idukki District.
(By Adv: K.M.Sanu)
And
Opposite Parties : 1. The Secretary,
Devikulam Taluk Co-operative
Agricultural & Rural Development
Bank Limited No.I-136,
Adimali P.O, Adimali.
2. The President,
Devikulam Taluk Co-operative
Agricultural & Rural Development
Bank Limited No.I-136,
Adimali P.O, Adimali.
(Both by Adv: Praveen.K.George)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Complainant availed a loan of Rs.13,000/- from the opposite party bank for the purpose of agriculture, in 1987. Another loan of Rs.35,000/- was availed for an SSI unit in 1995 and Rs.15,000/- in 1995 from the opposite party bank. 1.90 acres of property owned by the complainant was pledged before the opposite party bank for the security of the loan. The complainant was not able to repay the entire loan because of the destruction of agriculture. Only Rs.20,000/- was repaid by the complainant. No demand notice received from the opposite party after that. On 05/01/2009 a notice received from opposite party, and when complainant approached the bank, they replied that the property was kept in public auction and the bank itself has purchased the property. They demanded Rs.2,08,047/- for the release of the sale deed. The opposite party never included the complainant’s loan in any of the benefits declared by the Government such as "write off " for agriculture loan. That is because of the personal interest of the officers of the bank. So the petition is filed for directing the opposite party to include the complainant’s loan in agriculture write off scheme and also getting the benefit of Small Scale Industry units declared by the Government.
2. 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?
3. The evidence consists of the oral testimony of PW1 and Ext.P1 marked on the side of the complainant and Exts.R1 to R5 marked on the side of the opposite parties.
4. The POINT:- Complainant is entitled to get the benefits of agriculture write off scheme and also the benefits of SSI units, for his loan, as per the Government Circular. Complainant was examined as PW1. PW1 availed total of Rs.63,000/- by three loans from opposite party bank. Out of that, Rs.20,000/- was repaid. PW1 is not aware of any benefits, whether received to his loan. The loan was not repaid because of the financial crisis. PW1 is not aware that whether his loan is entitled to get the write off benefit or OTS benefits. PW1 is not aware of the auction sale of his property. He knew about the auction after two months because he was out of Kerala at that time. As per opposite party the auction sale of the property of the complainant was done in 01/07/1997 for Rs.93,850/-. The bank itself purchased the property. Ext.R1 is the copy of the auction Advertisement. Ext.R2 is the copy of the declaration for auction, Ext.R3 is the auction diary and Ext.R4 is the copy of the order of the Joint Registrar.
So the auction sale of the property is admitted by the complainant. It was done before 12 years. So the complainant ought to have applied for the write off benefits before the auction sale of the property. But as per PW1, he was out of Kerala during the time of auction sale of the property. The opposite party is ready to transfer the property in the name of the complainant if the complainant repays the entire loan amount and interest. So there is no deficiency is seen from the part of opposite parties.
Hence the petition dismissed. No cost is ordered against the complainant.
Pronounced in the Open Forum on this the 30th day of September, 2009
Sd/-
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
I agree SMT.SHEELA JACOB(MEMBER)
Sd/-
I agree SMT.BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - C.N.Unnikrishnan
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1 - Letter dated 5.01.2009 issued by the 2nd opposite party
On the side of Opposite Parties :
Ext.R1 - True copy of Auction Advertisement
Ext.R2 - True copy of Declaration for Auction
Ext.R3 - True copy of Auction Diary dated 1.07.1997
Ext.R4 - Photocopy of order dated 18.03.1998 of Idukki District
Joint Registrar
Ext.R5 - True copy of Sale Deed
