INDIAN OVERSEAS BANK Vs. A HAMID GANY

JUDGEMENT

(1.) This is an appeal by the opposote party.

(2.) The facts relevant for disposing of this appeal are as follows:- The Complainant obtained an agricultural crop loan on pledging her jewel on 8.12.88 for an amount of Rs. 7,000/-. The loan was repayable on or before 8.12.89. While so, the Agricultural Debt Relief Scheme, 1990, came into force, as per which all dues for agricultural loans which become overdue on 2.10.89 stood waived. The Complainant prayed for the waiver of her loan which was refused. She approached the District Forum for getting relief towards the waiver of the loan. The District Forum by order dated 11.3.94 directed the Opposite Party to pay an amount of Rs. 10,000/- representing the amount of loan plus compensation. Aggrieved by that order the Opposite Party preferred this appeal.

(3.) From the rival contentions of the parties the only point which arises for consideration in this appeal is whether the loan became overdue on 2.10.89. The case of the complainant is that it became overdue even earlier. In support of his contention the learned Counsel for the Complainant would refer to the phrase "repayable on or before 8:12.89". From this he would ask us to draw the conclusion that the loan was due at any time from the date of loan. He would proceed to say that this was an agricultural loan obtained in the month December, 1988 for the purpose of the crop to be raised in January and which was to be harvested in May and that, therefore, the loan amount was meant to be repaid in May and after May it became overdue. This argument however ingenious it may appear, is hard to accept.