CC Filed on 09.08.2010<br /> Disposed on 12.11.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 12th day of November 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. 154/2010<br /> <br /> Between:<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 /> V/S<br /> <br /> <br /> 1. Sri. Dastagiri,<br /> Community Health Centre,<br /> Mulbagal.<br /> Now working at <br /> S.N.R. Hospital,<br /> Kolar.<br /> <br /> <br /> 2. The Medical Officer,<br /> Community Health Centre,<br /> Mulbagal.<br /> <br /> <br /> 3. The Administrative Medical Officer,<br /> (Lay Secretary)<br /> S.N.R. Hospital,<br /> Kolar. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <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 09.07.2005 while he was working under OP.2 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 OP.1 was working under OP.2, who was Pay Disbursing Officer and that the said officer 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 he failed to deduct the said installments as undertaken and to remit to complainant-society and that he had also undertaken to instruct the subsequent Pay Disbursing Officer to effect the deduction in the event of the transfer of OP.1 to any other place. It is made out that for the present OP.1 has been working under OP.3, who is the present Pay Disbursing Officer. It is made out that OP.2 or OP.3 has not effected deduction of installments and 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. The notices issued by this Forum were served on OP.1 and 2 and they remained absent. They did not file any version. The complainant filed affidavit in support of the allegations made in the complaint. At time of filing the affidavit the complainant has disclosed that OP.1 is now working under OP.3 on transfer and that OP.3 has also not deducted the installments as required under the undertaking given by OP.2. Therefore we added OP.3 as an additional party at the time of passing this order and dispensed with serving a notice on OP.3 as it would unnecessarily delay the proceedings. <br /> <br /> 4. The averments in the complaint may be believed to be true as the OPs did not file any version denying the truth of the allegations made in the complaint. The undertaking letter dated 09.07.2005 issued by OP.2 the then Pay Disbursing Officer shows that in the event of transfer of the employee he would instruct the subsequent Pay Disbursing Officer to effect deduction. The affidavit of complainant shows that the subsequent Pay Disbursing Officer namely OP.3 has not made such deduction which amounts to deficiency in service. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.3 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 12th day of November 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />