MANAGING DIRECTOR, STATE BANK OF TRAVANCORE AND ANR. STATE BANK OF TRAVANCORE, POOJAPPURA THIRUVANANTHAPURAM, KERALA Vs. M.V. CHACKO MANGALATHA HOUSE, MECKANDAMBU P.O, MUVATTUPUZHA

JUDGEMENT

(1.) In these two revision petitions, the challenge has been made to the separate orders dated 31.10.2013, passed by the Kerala State Consumer Disputes Redressal Commission, Thiruvananthapuram (hereinafter referred as State Commission') in First Appeals Nos.511 and 538 of 2012, vide which, while dismissing both the appeals, the orders passed by the District Consumer Disputes Redressal Forum, Ernakulam on 29.2.2012 in Consumer Complaints Nos.212 and 213 of 2010, allowing the said complaints, were upheld.

(2.) The facts are that the complainants in both the cases, availed ATL-Crop loan (Kisan Gold Card Scheme) for Rs. 3,50,000.00 each on 27.2.2004, to be repaid within 60 months @ Rs. 7,600.00 per month. It has been stated in the complaints that the outstanding arrears due to the petitioners/opposite parties as on 30.12.2007 was Rs. 4,76,013.00 and Rs. 4,97,046/- respectively. In the mean time, the Government of India introduced the Agricultural Debt Waiver and Debt Relief Scheme, 2008 (hereinafter referred as 'Scheme'), according to which, the complainants were entitled for waiver of loan as per the terms and conditions laid down. It was alleged by the complainants that the OPs waived a sum of Rs. 3,33,954.00 and Rs. 3,59,984.00 respectively only, as against the outstanding amount of Rs. 4,76,013.00 and Rs. 4,97,046/-. As stated in CC-212/2010, a sum of Rs. 1,42,089.00 was shown pending as arrears in the account of the complainant. The OPs were, therefore, demanding an additional payment of Rs. 2,03,936/- for closing the said account, which was not in accordance with the instructions contained in the scheme. The complainants also stated that no interest could be realised from the loan amount, which had become Non-Performing Assets (NPA). It was prayed that the demand for Rs. 2,03,936/- made by the OPs should be ordered to be withdrawn. As stated in CC-213/2010, the petitioners had shown a balance of Rs. 1,77,964.00 towards the interest on the loan amount from the complainant/respondent.

(3.) The complaints were resisted by the petitioners/opposite parties by filing written statements before the District Forum, in which they confirmed that the outstanding balance, pending against the complainants as on 30.12.2007 was Rs. 4,76,013.00 and Rs. 4,97,046/- respectively, as stated in the complaints. However, the Scheme floated by the Government of India laid down that waiver was allowed along with interest on the amount, which was overdue as on 31.12.2007, but remained unpaid as on 29.2.2008. According to the OPs, the complainants were eligible for the waiver of an amount of Rs. 3,33,954.00 and Rs. 3,59,984.00 respectively only, under the Scheme and hence in CC No.212/2010, there was an outstanding balance of Rs. 1,42,059.00 in his account after the said waiver. There was, therefore, no deficiency in service on the part of the petitioners/opposite parties and hence, the complaint should be dismissed.