MANAGER, VIJAYA BANK AND ORS Vs. MARY JOSEPH, W/O JOSEPH
LAWS(KERCDRC)-2010-6-3
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on June 30,2010

Manager, Vijaya Bank And Ors Appellant
VERSUS
Mary Joseph, W/O Joseph Respondents

JUDGEMENT

- (1.) THE appellant is the opposite party in CC.106/2008 in the file of CDRF, Wayanad. The appellant is under orders to waive off the entire outstanding loan amount and to return the title deed and to pay Rs.500/ - towards cost.
(2.) THE case of the complainant is that she is entitled to the benefits of the Agricultural Debt Waiver and Debt Relief Scheme of 2008 of the Government of India and that she applied for the same. The opposite parties declined the relief on the contention that the complainant and her daughter is in possession of more than 5 acres of property. The opposite parties incorrectly treated the property owned by her son also as the property in her possession and declined to extent the relief. She has applied before the Deputy General Manager of the opposite party Bank also. She has sought for getting the waiver of the amount of Rs.1,43,851/ - outstanding and also sought for compensation of Rs.20000/ - for the mental agony and hardships, and return of title deeds which are with the opposite parties since 1997.
(3.) IN the version filed by the opposite parties it was contended that the complainant was not entitled to get the relief as she is having in her possession the property of extending 2 hectares. Opposite parties filed another additional version subsequently on 24.2.09 admitting that the complainant is entitled for the reliefs provided. It is mentioned that the complainant is entitled only for a maximum amount of Rs.1,00,000/ - plus interest. The loan balance outstanding as on 29.2.2008 was Rs.1,43,,851/ -. So she is eligible proportionately for only Rs.99,208/ - and the same has been credited on 24.12.08. The unapplied interest of Rs.14000/ - will be adjusted at the time of closing the loan.;


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