This court dismissed a writ petition filed by a defaulting bank loan customer who failed to remit the interim deposit amount and missed the opportunity to repay in instalments despite an earlier offer from the bank to waive interest and allow instalments.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 8TH DAY OF JULY 2024 / 17TH ASHADHA, 1946 WP(C) NO. 33816 OF 2023
PETITIONER:
SAIDALI AGED 58 YEARS, S/O MOOSA, KOMBAN HOUSE, CHETTIPPADI, PALAKKALVETTA.P.O., MALAPPURAM – 679327.
BY ADV P.M.POULOSE
RESPONDENTS:
2 THE JOINT REGISTRAR (GENERAL), MALAPPURAM SAHAKARANA SANGHAM JOINT REGISTRAR (GENERAL) OFFICE, 'B' BLOCK, CIVIL STATION, MALAPPURAM – 676505.
3 NILAMBUR SAHAKARANA, KARSHIKA GRAMA VIKASANA BANK NO.M.859 NILAMBUR.P.O., MALAPPURAM PIN - 679329 REPRESENTED BY ITS RECOVERY OFFICER.
BY ADVS. SRI.K.VIDYASAGAR SMT.M.ANIMA, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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J U D G M E N T
Dated this the 8th day of July, 2024
The petitioner availed a Housing Loan of ₹2 lakhs from
the 3 rd respondent-Bank, which was sanctioned on 19.07.2018. The repayment has to be made in instalments. The period given for repayment of the loan is ten years. From the very month stipulated for payments of instalments, the petitioner started repayment. Till the end of the year 2022, the petitioner could repay a total amount of ₹1,75,000/- with interest. Thereafter, however, the petitioner could not repay. There happened default in instalments. The petitioner is a coolie worker. There was intervening Covid-19 pandemic which actually shattered his whole daily earning means. He found it difficult to make both ends meet.
2 . The petitioner is living with his family in a frugal existence. These are the main causes which led to default in
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instalments. The reasons for default were beyond the control of the petitioner. The 3 rd respondent-Bank issued Ext.P1 revenue recovery notice to the petitioner stating that balance amount of ₹1,17,594/- is due to be repaid by him and that unless the amount is paid within 15 days, further steps including Revenue Recovery steps will be taken against him. On receipt of Ext.P1, the petitioner submitted a representation to the 1 st respondent stating that the petitioner is not able to remit the whole amount in lump.
3 . The petitioner requested to grant at least 50 equal instalments for repayment of the amount. It appears that the 1st respondent forwarded Ext.P2 to the Revenue (H Dept), Thiruvananthapuram. Under Secretary in the Revenue (H Dept), Thiruvananthapuram by Ext.P4 letter, informed the petitioner that 24 equal instalments are allowed to the petitioner for payment of the due. Followed by Ext.P3, the 2 nd respondent has sent Ext.P4 letter informing the petitioner that
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from out of ₹2,04,485/- to be paid as arrears, the Bank is prepared to waive an amount of ₹10,472/- under the name "Keraleeyam Kudishika Nivaranam Pdhadhi”, if the petitioner is ready to pay the balance amount in lump sum.
4 . The petitioner further submitted that he wants to avail waiver of ₹10,472/- and requires at least 50 equal instalments. The petitioner is not able to remit the balance amount in lump sum. The petitioner is a coolie worker taking strenuous effort to make both ends meet. It is submitted that petitioner may be permitted to avail waiver of the said ₹10,472/- and he may also be granted 50 equal instalments for payment of the balance due.
5 . Standing Counsel submitted that when the writ petition came up for admission on 13.10.2023, this Court passed an interim stay order staying Ext.P1 on condition that the petitioner remits an amount of ₹25,000/- within one month.
The petitioner has not paid the amount as directed by this
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Court. The petitioner filed I.A.No.1 of 2023 subsequently and in the said order, the period for deposit the amount of ₹25,000/- was extended by one month from 29.11.2023. In
spite of the extension of time, the petitioner has not remitted any amount at all.
6 . I find that by Ext.P3 order, the petitioner was
granted an opportunity to repay the outstanding amount in 24 monthly instalments. The petitioner has not adhered to the said condition. The petitioner has not complied with the interim order of this Court also.
In the circumstances, I do not find any reason to grant any further relief to the petitioner. The writ petition is therefore dismissed. However, it will be open to the petitioner to approach the Bank for any further arrangement / settlement of the loan account.
Sd/-
N. NAGARESH
JUDGE
ams
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W.P.(C)No.33816 of 2023
APPENDIX OF WP(C) 33816/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE NO.R.1164 DATED 21.11.2022 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P2 TRUE COPY OF THE REPRESENTATION DATED 5.4.2023 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P3 TRUE COPY OF THE LETTER (FILE NO.2022/7841/10/1(HI/(REV) DATED 26.4.2023) ISSUED BY THE UNDER SECRETARY, REVENUE (H DEPT), THIRUVANANTHAPURAM
Exhibit P4
TRUE COPY OF THE LETTER NO.JRMPM/1177/2023-CRB DATED 27.4.2023 ISSUED BY 2ND RESPONDENT TO THE PETITIONER
1 issue framed by the court
Whether the petitioner is entitled to further relief in view of his default in complying with the interim order of this Court.
SAIDALI
THE DISTRICT COLLECTOR, MALAPPURAM
THE JOINT REGISTRAR (GENERAL), MALAPPURAM SAHAKARANA SANGHAM
NILAMBUR SAHAKARANA, KARSHIKA GRAMA VIKASANA BANK
THE VILLAGE OFFICER, THUVVUR
N. NAGARESH
As recorded by the court registry
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