STATE BANK OF INDIA Vs. DHARAMDAS PAL

JUDGEMENT

(1.) This appeal arises out of the Order of State Commission, West Bengal dated 1st December, 1992.

(2.) The facts as given in the complaint in nutshell are these. Complainants obtained agricultural loan from the State Bank of India in the month of December, 1986 to the tune of Rs. 10,000/- except one of the Complainants Shri Mukul Pal who obtained agricultural loan to the tune of Rs. 8,000/-. The Complainants had pledged their gold/ornaments as security for the due repayment of their respective loans. As per the allegations in the complaint, the production from the land for the years 1987, 1988 and 1989 had been seriously affected. It was claimed that the Complainants are entitled to the relief under the Agricultural and Rural Debt Relief Scheme, 1990 sanctioned/formulated by the Central Government. The Complainants had submitted the requisite bad crops certificate issued by the concerned Government Authority, namely, by the Principal Agricultural Officer of the area and also from the Block Development Officer of the concerned area namely B.D.O. (Memari-II). The said certificates show that the Complainants suffered severely so far as the produce of agricultural crop is concerned in the years 1986 to 1989. The case of the Complainants is that under the said scheme of the year 1990 the Complainants are entitled to be exempted from paying the said agricultural loan amounts as per the directions framed by the Central Government on the ground of damage and loss in yearly agricultural scheme and produce.

(3.) The Bank served notices to the Complainants to liquidate loan amount failing which the gold/ornaments would be liquidated. On the receipt of the notices from the Bank, the Complainants filed the complaint and prayed for an interim order of injunction staying the operation of the notices and from taking any steps to recover the loan amount and also claimed Rs. 3,00,000/- as compensation and damages.