MANAGER, STATE BANK OF INDIA Vs. ABRAHAM CHACKO
LAWS(KERCDRC)-2010-1-11
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on January 08,2010

MANAGER, STATE BANK OF INDIA Appellant
VERSUS
Abraham Chacko Respondents

JUDGEMENT

S.CHANDRA MOHAN NAIR,MEMBER - (1.) THE first opposite party in C.C. 38/2007 before the CDRF, Idukki is under directions to include the complainant in the list of agriculturalists entitled for agricultural debt relief scheme 2008 or in the alternative to write off the agricultural loans of the complainant with cost of Rs. 2000/ - to be paid within 1 month from the date of receipt of copy of the order failing which the amount shall carry interest at 12% per annum from the date of default till date of payment.
(2.) IT is aggrieved by the said directions that the 1st opposite party has come up in appeal calling for the interference of this commission to the sustainability of the order passed by the Forum below.
(3.) THE complainant approached the Forum stating that he was an agriculturalist and small coffee grower having an area of 4.6278 hectares (11.4325 acres) of land and that he had availed two loans from the 1st opposite party for an amount of Rs. 2,56,000/ - and Rs. 2,50,000/ -respectively, which had the interest at 12% per annum. It is his case that though he was entitled for the benefit, he was not given the said benefit and the complaint was filed which was later amended for directions to write off his debts with the 1st opposite party with compensation and cost The opposite parties filed separate versions. The 1st opposite party admitted that the loans were sanctioned to him to be repaid in seven yearly instalments and that the complainant had not repaid the amount as per the repayment schedule and he was included in the non payment account group by 31.03.01. It was also maintained that the complainant was not eligible for getting the benefit of subsidy and that in the additional version it was submitted that the complainant had to pay amount of Rs. 4,86,761/ - and that he was belonging to the category of ╦ťother farmers and was eligible to get only the benefit of 25% subsidy of the total over due amount on settling the claim under OTS.;


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