UTTAR PRADESH RAJYA SAHKARI KRISHI EVAM GRAMYA VIKAS BANK LIMITED vs SHIV DAYAL

THIS is an appeal against the judgment and order dated 19.5.1993 passed by District Consumer Forum, Hardoi in Complaint Case No. 1309/1993.

THE facts of the case stated in brief are that the complainant took a loan of Rs. 9,500/- for agriculture purpose. He had deposited some of the amount out of the amount taken on loan. THE rest amount was to be waived off in view of the Government policy. THE amount was not waived off by the Bank and started recovery proceedings. He has prayed that the recovery proceedings be stayed and the demand is to be quashed. The opposite party contested the case. The learned District Forum, after considering the case of the parties, came to the conclusion that the opposite party, Uttar Pradesh Rajya Sahkari Krishi Evam Gramya Vikas Bank Limited should have waived off the loan, hence it quashed the recovery proceedings.

Aggrieved against this order, the opposite party, Uttar Pradesh Rajya Sahkari Krishi Evam Gramya Vikas Bank Limited has come in appeal and has challenged the correctness of the order passed by learned District Consumer Forum.

WE have heard the respondent who was present in person and perused the file. None was present from the other side even though it was served a notice of the date fixed. The only question is to be decided in this case whether the loan which has been taken by the complainant is to be paid by him or the same is to be waived off in terms of the Government policy. No doubt, it is true that the Government had issued policy instructions that a sum of Rs. 10,000/- shall be waived off by the Bank but it is conditional offer. The Bank cannot waive this loan unless it gets the amount from the State Government. In this case, there is no evidence that the Bank has received the assistance from the State Government, therefore, the Bank was not bound to waive the loan in the present case, hence the complainant is liable to pay the rest of the amount which has not been paid by him. In view of the above discussion, it is clear that the judgment and order of the learned District Forum are not correct and need to be set aside. The appeal is liable to be allowed. ORDER The appeal is allowed. The judgment and order of the learned District Forum are set aside and complaint is dismissed. Let copy of this order be made available to the parties as per rules. Appeal dismissed.