S.C.VYAS,PRESIDENT (ORAL) - (1.) THIS appeal is directed against order dated 21.9.2007 of District Consumer Disputes Redressal Forum, Kanker (hereinafter called "District Forum "for short), in Complaint Case No. 24/2007, whereby the District Forum after holding that the loan amount provided by the appellant Bank of the respondent was fully paid along with interest even then some more amount was recovered and thereby unfair trade practice was committed by the Bank, and awarded compensation of Rs. 16,800 against Bank along with interest @ 9% p.a.
(2.) BRIEFLY stated the facts of the case are that the respondent herein was a member of the Society and in the capacity loans were sanctioned to him by the Co -operative Bank. As per complaint of the respondent, in the year 1991 Rs. 13,776 were due in the loan account. A scheme was formulated by State Government in that year for giving relief to the farmers, in respect of loan provided by the Co -operative Bank. Under that scheme, as per notice of the Bank, the respondent was required to deposit Rs. 5,847 in the Bank to avail the benefit of the Scheme. It has been asserted by the respondent that the said amount was deposited by him and then, a debt relief certificate has been granted to him by the Bank. But in spite of that Certificate and the fact that he has deposited more than the demanded amount including relief granted by the Government, huge amount has been recovered by the Bank thereafter and no dues certificate has not been provided. Making complaint of all these deficiencies in service and unfair trade practice, complaint was filed before the District Forum.
(3.) THE appellants herein, in reply averred that the State of Madhya Pradesh, in the year 1990 has formulated a Scheme of debt relief to the farmers and as per provision of the Scheme, no loan amount above Rs. 10,000 was to be sanctioned by the Co -operative Bank. It was also part of the scheme that if some part of the overdue loan has been deposited, then, relief may be granted in respect of remaining part. So far as respondent is concerned, on 1.1.1990, he had to deposit overdue loan Rs. 14,067 but had deposited only Rs. 5,847 and was entitled to get relief to the extent of Rs. 8,200, which was granted to him. Thereafter some more amount was due against him. Proceedings for recovery of which were initiated as per provisions of law under C.G.Co -operative Societies Act. It has also been averred that the dispute is purely between Co -operative Bank, Society and its Member and such dispute can only be adjudicated by the machinery provided in the Act itself. Learned District Forum, after having considered the contentions of both parties, in the light of material produced, came to the conclusion that the respondent herein was entitled of loan scheme formulated by the State of Madhya Predesh. Benefit of that Scheme was actually given to him and Rs. 8,220 towards interest of loan was waived. It has also been held that the principal amount was not due as already paid. On the basis of these findings it has further been held that Bank has recovered excess amount of Rs. 16,800 and order for refund of that amount along with interest has been passed.;