CC Filed on 13.02.2009<br /> Disposed on 25.08.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 25th day of August 2009<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. 12/2009<br /> <br /> Between:<br /> <br /> <br /> B. Venkateshappa,<br /> Retired Employee,<br /> Supervisor, K.S.R.T.C.,<br /> Address: No. 2670,<br /> Gandhinagar, Bangarpet,<br /> Kolar District.<br /> <br /> <br /> <br /> V/S<br /> <br /> <br /> 1. The Divisional Controller,<br /> K.S.R.T.C, Kolar Division,<br /> Kolar.<br /> <br /> <br /> (By Advocate Sri. B. Kumar and others) <br /> <br /> <br /> 2. The Manager,<br /> State Bank of Mysore, <br /> Batlahally Branch,<br /> Chintamani Taluk,<br /> Chikkaballapur District,<br /> <br /> <br /> (By Advocate Sri. V. Sreedhara Murthy ) <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> 3. The Accountant,<br /> K.S.R.T.C,<br /> Kolar Division,<br /> Kolar. <br /> <br /> <br /> (By Advocate Sri. B. Kumar and others) <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 by the complainant in person praying for a direction against the OP No.1 to pay a sum of Rs.6,082/- with interest and costs, etc.,<br /> <br /> 2. The material facts of complainant’s case, as made out in the documents and in the complaint may be stated as follows:<br /> <br /> That the complainant while in service under OP.1 purchased a two wheeler on loan of Rs.20,970/- obtained from OP.2. The loan was repayable in 36 installments of Rs.710/- per month commencing from November 2003 and the installments were required to be deducted out of the salary of complainant by the employer and were required to be paid to OP.2 towards installments. The interest payable was 12% p.a. on the daily balance of the loan account.<br /> <br /> It is alleged that OP.1/employer did not send the installments to OP.2 in time and for some months it was not deducted from the salary of complainant. Therefore he alleged that he had to pay unnecessarily the interest to OP.2 and he paid Rs.6,082/- out of his pensionary benefits towards the full and final settlement of loan account in spite of OP.1 deducting 36 installments out of his salary for different months. He alleged that the said loss of Rs.6,082/- occurred due to the negligence and inadvertence of OP.1 and therefore OP.1 should make the loss.<br /> <br /> 3. OP.1 filed the version stating that there was no negligence or inadvertence in deducting the installments out of the salary of the complainant and in sending the same to OP.2. Therefore it prayed for dismissal of the complaint.<br /> <br /> 4. OP.2 filed the version and account extract of loan relating to complainant and other papers relating to the said loan.<br /> <br /> 5. The complainant filed affidavit in support of the allegations made in the complaint. The OPs did not lead any evidence.<br /> <br /> 6. The Learned Counsel for OP.1 and 2 and the complainant addressed their arguments.<br /> <br /> 7. The following points arise for our consideration in this case are:<br /> <br /> 1. Whether the complainant has proved deficiency in <br /> service by OP.1? <br /> <br /> 2. If so, to which reliefs the complainant is entitled to?<br /> <br /> 3. To what order?<br /> <br /> 8. After considering the records and the submissions of the parties our findings are as follows:<br /> Point No.1: Much of the facts are not in dispute. It is admitted that complainant was an employee under OP.1 and he obtained loan of Rs.20,970/- from OP.2 and the loan was repayable in 36 installments of Rs.710/- per month commencing from November 2003 and OP.1 was required to deduct the installment amount from the salary of complainant and was required to send the same to OP.2 Bank. The complainant produced the statement of salary deduction issued by OP.1 for different months. This document is not disputed by OP.1. The OP.2 has filed the account extract relating to the loan of complainant. The comparison of these two statements of accounts shows the following deficiencies by OP.1. (a) the installments should have been deducted from the month of November 2003 from the salary of complainant but OP.1 started deduction of installments from the month of March 2004 out of the salary payable for February 2004. For certain months the installments were not deducted. It is found that the employer had totally deducted the installments for 36 months. The Learned Counsel for OP.1 did not dispute this fact after verifying the deduction extract maintained by OP.1 (b) it is found that OP.1 had not regularly sent the deducted amount every month. In some instances installments for 3-4 months were sent at a time, thereby causing delay of 2-3 months in paying the installments. (c) Though the deductions from salary was made for 36 months, in fact only 32 installments were totally sent to OP.2, thereby the deductions made towards 4 months were not at all sent to OP.2. <br /> <br /> The above deficiencies and delay in payment of installments within due date, was the reason for imposing interest by OP.2 which made the complainant to pay Rs.6,082/- out of his pensionary benefits. If all the installments were deducted in time and were sent to OP.2, the complainant need not have paid this amount. Hence Point No.1 is held accordingly.<br /> <br /> Point No.2: The complainant was benefited to some extent as there was delay of 4-5 months in deducting the installments. Therefore we think the net loss caused to complainant may be estimated as Rs.5,000/- because of the negligence or inadvertence of OP.1. Hence Point No.2 is held accordingly.<br /> <br /> Point No.3: For the above reasons we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed with costs of Rs.1,000/-. OP.1 shall pay Rs.5,000/- to complainant within 30 days from the date of this order. In default OP.1 shall pay interest at 6% p.a. on the said amount from the date of filing of the complaint till the date of realization. <br /> <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 25th day of August 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br />