MANAGER CAUVERY KALPATHARU Vs. Y R CHANDRA MURTHY

JUDGEMENT

(1.) THIS revision petition has been filed against the order dated 18.03.2010 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, 'the State Commission') in Appeal No. 2756/09 - The Manager, Cauvery Kalpatharu Grameena Bank & Anr. Vs. Y.R. Chandra Murthy by which order of District Forum was upheld and appeal was dismissed.

(2.) BRIEF facts of the case are that the complainant/respondent availed agricultural loan of Rs.71,000/ - from Petitioner No. 1 on 9.10.2006 and he executed necessary documents pertaining to aforesaid short term loan. Complainant could not repay the loan within a stipulated period of one year and the petitioner demanded loan by writing letters. Complainant was defaulter of the loan as on 31.12.2007 and as per the loan waiver and loan relief scheme 2008, issued by the Government of India, this loan stood waived. Even then the petitioner demanded repayment of loan alleging that complainant had transacted with the petitioner on 4.10.2007 and complainant was not defaulter of the loan as on 31.12.2007 whereas the complainant had not transacted with the petitioner on 4.10.2007. Complainant filed complaint and sought direction to treat the amount due Rs.76,521/ - of the loan as waived under the scheme. Petitioner filed reply and submitted that as the complainant had already paid the loan amount with interest on 4.10.2007, the complainant was not eligible and entitled to get any loan waiver under the scheme of 2008 and hence complaint be dismissed. District Forum after hearing both the parties allowed the complaint and directed the petitioner to waive the loan of the complainant and pay Rs.500/ - as cost which order was upheld by the State Commission.

(3.) HEARD the learned Counsel for the parties and perused record.