| Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No.10/2019 ORDER DATED 23RD DAY OF FEBRUARY, 2019 | | Smt.Jabeena Khanum Ages 60 years W/o Syed Ghousuddin Quadri, Rasalpura Village, Somwarpet Taluk Kodagu District. (IN PERSON) | -Complainant | V/s | The Manager Nanjarayapatna Primary Agriculture Credit Co-op society Ltd., Nanjarayapatna, Somwarpet Taluk, Kodagu District. | -Opponent | Nature of complaint | Miscellaneous claim | Date of filing of complaint | 21/02/2019 | Date of Issue notice | - | Date of order | 23/02/2019 | Duration of proceeding | 2 days |
SRI. C.V. MARGOOR, PRESIDENT ORDER ON ADMISSION - This complaint filed by Smt. Jabeena Khanum w/o. Syed Ghousuddin Quadri, resident of Rasalpura Village, Somwarpet Taluk, Kodagu District against the opponent Manager, Nanjarayapatna Primary Agricultural Credit Co-operative Society Ltd., Nanjarayapatna, Somwarpet Taluk to direct the opponent to produce the loan statement and return back the excess interest taken from her and a sum of Rs.25,000/- towards mental agony, physical stress and cost of this proceedings.
- The complainant had availed agricultural loan a sum of Rs.4,00,000/- from the opponent society in two installments a sum of Rs.3,00,000/- on 03/04/2014 and Rs.1,00,000/- on 19/04/2014. The loan carries interest at the rate of 10% per annum. It is alleged in the complaint that the Government has given subsidy on agricultural loan as such the complainant has applied for the same through the Coffee Board. The opponent society has given a false statement to the Coffee Board that she had availed loan of Rs.1,92,000/-only instead of Rs.4,00,000/-. The opponent has given false statement that the person is entitled for subsidy who availed loan of Rs.3,00,000/- and above. Though the complainant has availed loan of Rs.4,00,000/- but the opponent has given false statement to the Coffee Board that she has availed loan to the extent of Rs.1,92,000/-. Due to the false statement given by the opponent’s society she could not get the subsidy from the Coffee Board on loan of Rs.4,00,000/- at the rate of 5.5% per annum.
- The complainant has approached the opponent many times and when it did not respond properly she has sent a letter to the opponent on 18/07/2018 by registered post acknowledgement due. The opponent despite the service of letter neither replied nor complied with the letter by returning the subsidy amount. Hence, this complaint.
- Heard the arguments advanced by the complainant.
- The complainant has produced document with regard to availment of loan from the opponent’s society during the year 2014-15. Further the letter dated 26/02/2015 addressed to the Nationalize Bank and Societies by Coffee Board, Bangalore that they have to claim subsidy amount by submitting claim statement for the year 2014-15 on or before 15/03/2015. According to the letter of the Coffee Board, Bangalore dated 26/02/2015 the opponent society would have claimed subsidy by submitting statement on or before 15/03/2015. The cause of action has arisen to the complainant on 15/03/2015 but this complaint has been filed on 21/02/2019 nearly four years from the date of cause of action. The complaint is not maintainable on the point of limitation as the complainant should have filed the complaint within two years from the date of cause of action as per Section 24(A) of the Consumer Protection Act,1986.
- The complainant not falls under the definition of Consumer as her prayer is to direct the opponent’s society to return back the excess interest taken by her on the loan amount of Rs.4,00,000/-. This Forum having jurisdiction to entertain the complaint in case of supply of defective goods and deficiency in service by the opponent. Already the complainant has paid the entire interest on the loan amount of Rs.4,00,000/- and now she filed this complaint to give direction to the opponent to return back the excess amount which is taken in lieu of subsidy amount. This Forum is not having jurisdiction to recover the excess interest paid by the complainant. Therefore, on this count also the complaint is not maintainable. For the above discussion, we proceed to pass the following ;
O R D E R - The complaint filed by Smt. Jabeena Khanum w/o. Syed Ghousuddin Quadri, resident of Rasalpura Village is hereby dismissed as not maintainable.
- No order as to cost.
- Furnish copy of the order to the complainant at free of cost.
(Dictated to the Stenographer, got it transcribed, corrected and pronounced in the open Forum on this 23rdday of FEBRUARY, 2019) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |
