CC Filed on 08.07.2010<br /> Disposed on 26.08.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 26th day of August 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 96/2010<br /> <br /> Between:<br /> <br /> <br /> <br /> BEML Employees Credit <br /> Co-operative Society (Regd.),<br /> Maharaja Road,<br /> Robertsonpet,<br /> Kolar Gold Fields.<br /> <br /> Represented by its:<br /> Secretary. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. Sri. Chowdappa,<br /> Govt. General Hospital,<br /> Near Hospital Circle,<br /> Bangarpet.<br /> <br /> <br /> 2. The Medical Officer,<br /> Govt. General Hospital,<br /> Bangarpet.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party No.2 to effect prompt deduction of the loan installments as undertaken by him and to credit the same to complainant-society with costs, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is a credit co-operative society and OP.1 who is working as a government servant, is an associate member of complainant society and that OP.1 had borrowed Rs.50,000/- on 10.06.2003 agreeing to repay the loan and interest in 53 monthly installments of Rs.1,400/- and in default agreeing to pay overdue interest at one and a quarter time the ordinary rate of interest from the due date to the date of regularization of payment. Further that previously OP.1 was working at P.H.C Doddachinahalli who is Pay Disbursing Officer and that he had undertaken to deduct the installments becoming due out of the salary payable to OP.1 and to remit the same to complainant-society and that in the event of transfer of OP.1 to any other officer he would intimate the concerned Salary Disbursement Authority to effect the deduction and that for the present OP.1 is working under OP.2, who failed to deduct the said installments as required and to remit to complainant-society. It is alleged that OP.1 has also failed to repay the loan and the installments. It is alleged that for the present certain amount is outstanding in the said loan account of OP.1. <br /> <br /> 3. In response to the notices issued by this Forum, OP.1 appeared in person and engaged the Advocate. He consented for deduction of Rs.1,400/- per month from his salary and that for the present he is working under OP.2. He admitted the obtaining of loan and its repayment conditions and the issue of undertaking letter for deduction of salary by his previous Pay Disbursing Officer. OP.2 remained absent though served with notice. <br /> <br /> 4. The averments in the complaint may be believed to be true as OP.1 admitted his liability. The undertaking letter given by the then Pay Disbursing Officer dated 10.06.2003 states that he would regularly deduct the installments out of the salary of OP.1. There is also a term in the undertaking that the Pay Disbursing Officer would intimate the subsequent Pay Disbursing Officer to deduct the installments out of the salary of OP.1 in the event of his transfer. Admittedly OP.2 or his predecessor had not carried out the obligation arising under the undertaking letter. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.2 is directed to deduct Rs.1,400/- per month out of the monthly salary payable to OP.1 and to credit the same to complainant-society till the closure of loan. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 26th day of August 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />