MANAGER, CAUVERY GRAMEENA BANK & ORS vs H.S. SHADAKSHARI

This revision petition has been filed by the petitioners against the order dated 22.4.2010 passed by the Karnataka State Consumer Disputes Redressal Commission, Bangalore (in short, ''the State Commission'') in Appeal No. 900 of 2010 - The Manager, Cauvery Kalpatharu Grameena Bank & Ors. Vs. Sri H.S. Shadakshari by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

Brief facts of the case are that complainant/respondent is a small farmer, who obtained agricultural loan of Rs.70,000/- from OP/petitioner on 30.11.2006. Complainant requested OP by letters dated 23.6.2008 and 12.8.2008 to waive loan as per ARDWRS, 2008 Scheme, but it was not waived. Alleging deficiency on the part of OP, complainant filed complaint before District forum. OP resisted complaint and submitted that complainant repaid loan with interest which has been credited in his account, so, complainant was not entitled to waiver of loan and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and directed OP to waive loan and to pay Rs.500/- as expenses. Appeal filed by OP was dismissed by learned State Commission vide impugned order against which, this revision petition has been filed along with application for condonation of delay.

None appeared for respondent even after service and he was proceeded ex-parte.

Delay was condoned by order dated 13.3.2005.

Heard learned Counsel for the petitioner and perused record.

Learned counsel for the petitioner submitted that as no loan was outstanding against the complainant, he was not entitled to any waiver under the Agricultural Debt Waiver and Debt Relief Scheme, 2008, even then learned District Forum committed error in allowing complaint and learned State Commission further committed error in dismissing appeal, hence revision petition be allowed and impugned order be set aside.

Perusal of record reveals that complainant obtained loan of Rs.70,000/- from OP, but OP deposited aforesaid amount on 10.9.2007 and learned District Forum observed in its order that complainant had signed on vouchers pertaining to deposit of amount. Thus, it becomes clear that loan obtained on 30.11.2006 was returned back and under that loan agreement nothing remained outstanding against the complainant.

No doubt, in another account the aforesaid amount of loan has been shown as outstanding against the complainant and in notices issued by OP complainant was asked to return borrowed money on 30.11.2006 with interest, it cannot be held that loan taken on 30.11.2006 was not paid on 10.9.2007 when there was specific entry in the bank accounts on the basis of debit and credit vouchers signed by the complainant.

As per Agricultural Debt Waiver and Debt Relief Scheme, 2008, for the eligibility of debt waiver, loan must have been disbursed upto 31.3.2007 and had to be overdue as on 31.12.2007 and must have remained unpaid till 29.2.2008. First loan obtained on 30.11.2006 already stood deposited on 10.9.2007. In the case in hand, as second loan was disbursed on 10.9.2007, it cannot be held that this loan was disbursed upto 31.3.2007 and in such circumstances, waiver of debt relief scheme 2008 was not applicable to the complainant''s loan account which was taken on

9.2007. Learned District Forum and learned State Commission committed error in holding applicability of scheme to the complainant''s loan and waiving the loan amount and revision petition is to be allowed.

Consequently, revision petition filed by the petitioner is allowed and order dated 22.4.2010 passed by learned State Commission in Appeal No. 900 of 2010 - The Manager, Cauvery Kalpatharu Grameena Bank & Ors. Vs. Sri H.S. Shadakshari and order of District forum dated 25.1.2010 in CC No. 139/09 - Sri H.S. Shadakshari Vs. The Manager, Cauvery Kalpatharu Grameena Bank & Ors. is set aside and complaint stands dismissed with no order as to costs.