Karnataka

Kolar

CC/82/2016

BEML Employees Credit Co-Operative Society - Complainant(s)

Versus

D.Narayanawamy - Opp.Party(s)

Sri.P.Raghavan

04 Sep 2017

ORDER

Date of Filing: 18/11/2016

Date of Order: 04/09/2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 04^TH DAY OF SEPTEMBER 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

SMT. A.C. LALITHA, BAL., LLB           ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 82 OF 2016

BEML Employees Credit Co-operative

Society (Regd.),

Maharaja Road, Robertsonpet,

Kolar Gold Field – 563 122.

 

Rep. by its:

President & Secretary.                                        ….  COMPLAINANT.

(Rep. by Sriyuth. P.Raghavan, Advocate)

 

- V/s -

(1) Sri.D.Narayanaswamy,

Government Lower Primary

School, Gurudukempana Halli,

Balamande Post, Bangarpet-563114.

(Exparte)

 

(2) The Head Master,

Government Lower Primary

School, Gurudukempana Halli,

Balamande Post, Bangarpet.

(Exparte)

 

(3) The Block Educational Officer,

Office of the Block Education,

Bangarpet.

(Exparte)                                                     …. OPPOSITE PARTIES.

 

-: ORDERS:-

BY SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

01.   The complainant has filed this complaint as envisaged Under Section 12 of the Consumer Protection Act, 1986 against the OP Nos.1 to 3 seeking direction against the OP No.1 to repay Rs.50,000/- towards loan amount and Rs.65,000/- towards interest on loan amount at the rate of 18% pa from the date of default till realization and also to direct OP No.2 the guarantor to deduct the loan amount as per the loan undertaking letter dated: 04.06.2014 and also to direct OP Nos.1 to 3 to pay Rs.1,00,000/- towards compensation for mental agony.

 

02.   The facts in brief:-

(a)    The complainant submitted that, the complainant is a credit co-operative society and OP No.1 who is working as a government servant, is an associate member of complainant’s society and that, OP No.1 had borrowed Rs.50,000/- on 02.01.2002 agreeing to repay the loan with interest in 53 equal 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 complainant submission is that, OP No.1 has been working for the present under OP No.2 who is pay disbursing officer and that previously OP No.1 was working in Government Lower Primary School, Gurudu Kempana Halli, Balamanda Post, Bangarpet Taluk, Kolar District, and the previous pay disbursing officer had undertaken to deduct the installments becoming due out of the salary payable to OP No.1 and to remit the same to complainant’s society and in the event of transfer of OP No.1, he would intimate the subsequent Pay Disbursing Officer to deduct the installments.  It is alleged that OP No.2 failed to deduct the said installments as undertaken and to remit to complainant’s society.  It is alleged that OP No.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 No.1.

 

03.   In response to the notices issued by this Forum, OP Nos.1 to 3 did not choose to appear before this Forum nor contested the proceedings.  Hence OP Nos.1 to 3 were placed exparte. 

 

04.   On 25.07.2017 the learned counsel appearing for complainant’s society has filed affidavit evidence of complainant in support of the allegations made in the complaint.

 

05.   The averments in the complaint believed to be true as OP Nos.1 to 3 have not filed any version nor denied the sworn testimony of the complainant.  Further on perusal of the documents produced by the complainant it is seen that, the undertaking letter given by the OP No.2 i.e., concerned previous pay disbursing officer dated: 04.06.2004 it clearly mention that, OP No.2 would regularly deduct the installments out of the salary of OP No.1.  But the evidence of the complainant establishes that, OP No.2 did not deduct the installments as agreed and the OP No.1 also not prayed the installments.  Hence it amounts to deficiency in service.  Accordingly we proceed to pass the following:-

ORDER

01.   The complaint is allowed-in-part.  The OP No.2 is directed to deduct Rs.1,400/- per month out of the monthly salary payable to OP No.1 and to credit the same to complainant’s society till the closure of loan.  The parties shall bear their own costs.

 

02.   Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 04^th DAY OF SEPTEMBER 2017)

 

 

LADY MEMBER                                    PRESIDENT