Kerala

Idukki

CC/47/2018

Alosious Joseph - Complainant(s)

Versus

The Branch Manager Canera Bank - Opp.Party(s)

Adv.Sibi Thomas

03 Nov 2018

ORDER

DATE OF FILING : 12/03/18

IN THE CONSUMER DISPUTES  REDRESSAL FORUM, IDUKKI

Dated this the 3^rd  day of November  2018

Present :

                        SRI. S. GOPAKUMAR                                             PRESIDENT

                        SRI. BENNY. K.                                                         MEMBER

CC NO.47/2018                

Between

Complainant                                      :  1 .   Alosious Joseph,

                                                                      Ambazhathinal House,

                                                                      Ponmudi P.O., Konnathanny Village,

                                                                      Idukki District.         

                                                                2 . Cincy Jacob, W/o Alosious,

                                                                      Ambazhathinal House,

                                                                      Ponmudi P.O., Konnathanny Village,

                                                                      Idukki District.                     

                                                                       (Both by Adv: Sibi Thomas)

And

Opposite Party                                     :     1 .  The Branch Manager,

                                                                             Canara Bank,

                                                                             Adimaly Branch, Adimaly,

                                                                             Idukki District.

                                                                         (By Adv: Biju Mathew and Adv.K.M.Sanu)

                                                                      2  . The Village Officer,

                                                                             Village Office,

                                                                             Konnathady Village,

                                                                             Idukki District.

                                                                                   

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)  

 

          The case of the complainant is that, 

 

          In the year 2015, complainant availed an agriculture  loan of Rs.1,00,000/- (One Lakh) from the opposite party bank and the same was renewed before one year and that again the complainant approached the bank to renew the loan and at that time without having sufficient reason,

                                                                                                          (Cont....2)

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said loan was denied its renewal.  Due to the failure in cultivation complainant sought for time to repay the loan, but instead of extending the repayment time, the opposite party bank initiated Revenue Recovery Proceedings against the complainant through the second opposite party.  The complainant as so many times approached the first opposite party bank with money for closing the loan, but the first opposite party demanded exorbitant amount illegally  and hence the complainant could not repay the amount, and that the complainants are ready to renew the loan or repay the entire amount.  Complainant further averred that the loan dues is only one Lakh rupees   and excess are illegal interest,  adduced in his account and this act of the opposite parties are gross unfair trade practice.  Hence the complainant approached this Forum for allowing the relief such as to direct opposite parties to allow the complainant to renew the loan and also direct the opposite parties to deduct the unlawful charge which is calculated in the loan and further direct them to pay cost and compensation.

 

          Upon notices opposite parties entered appearance and filed detailed reply version by totally denying the averments in the complaint.  Opposite parties further contented that the complainant suppressed the actual facts that the first opposite party granted loan of Rs.90,000/- each to the complainants on 19/09/14 under Kisan Suvidha Sublimit Scheme.  It is a revolving credit facility granted for 5 years, subject to annual review.  As per the scheme, no withdrawal in these accounts should remain outstanding for more than 12 months ie, the party has to repay the full loan amount with interest and renew the limit every year.  Complainants failed to repay the full amount in the first year itself.   Complainants repaid the loan amount few days after the completion of one year period ie, on 23/09/15.  However the first opposite party granted the loan for the second year, on 25/09/15, ie, Rs.90,000/- each.  After the disbursal of the loan amount, complainants failed to repay the loan amount and interest in time.  Complainants ought to have repaid the loan amount and interest, before 24/09/16, and renew the loan. When they failed to renew the loan with interest, the account becomes NPA. The first opposite party issued registered recall notices to the

                                                                                                          (Cont.....3)

-3-

complainants on 26/10/17.  As the complainants failed to respond to the notices, the first opposite party initiated revenue recovery proceedings, and on 23/01/18, the opposite party convened an Adalath at Adimali to settle the defaulted accounts.  The second complainant appeared in that Adalath and agreed for a one time settlement.  Her account was settled at Rs.1,05,000/-, the second complainant agreed to repay the entire settlement amount in three installments ie, Rs.15,000/- before 31/01/18, Rs.40,000/- before 26/02/18, and Rs.50,000/- before 15/03/18.

 

          Opposite parties further contented that, though the first complainant was not turned up in the Adalath, the first opposite party ready to apply the very same settlement in the first complaintant’s  accounts also.  Accordingly both complainants remitted Rs.10,000/- in their respective accounts on 08/02/18.  But after this remittance, complainants had not paid the remaining installments as agreed.  Instead of repaying the loan amount, complainants filed the complaint by concealing all the actual facts.

 

          Along with the reply version the first opposite party filed a petition challenging maintainability of the complaint on the reason that, the first opposite party bank already initiated Revenue Recovery Proceedings early on 2017.  Requisition letter under section 69(2) is already given to the Government authority and the complainant is known about it and that is why the village officer is arrayed as the second opposite party in the complaint.  In this petition the first opposite party further pointed out that under the above circumstances, the Forum lacking jurisdiction, because Revenue Recovery Proceedings against the complainant are in force and still pending.

 

          After recording formal objection to this petition on the part of the complainant.

 

          Heard both sides,

 

                                                                                                                (Cont....4)

-4-

 

          The point that arose for consideration is whether the complaint maintainable herein  or not?

 

The Point:- On going through the complainant averments and the contention of the first opposite party in the reply version, Forum is of a considered view that Revenue Recovery Proceedings are pending against the  complainant and this matter is specifically admitted by the complainant in this complaint.

 

          Under this circumstances Forum is of an opinion that as per section 72 of the Kerala Revenue Recovery Act 1968, General Bar to jurisdiction of Civil Court, the Forum is having no jurisdiction to entertain matter coming under Revenue Recovery Proceedings.   On the basis of above discussion, the maintainability petition allowed.  Complaint dismissed.

         

      Pronounced in the Open Forum on this the 3^rd  day of November, 2018.

 

                                                                                         Sd/-

                                                                                    SRI. S. GOPAKUMAR (PRESIDENT)

                                                                                                         Sd/-

                                                                                             SRI. BENNY. K.  (MEMBER)

 

APPENDIX

 

Nil.

                                                                                              Forwarded by Order,

 

 

                                                                                        SENIOR SUPERINTENDENT