CC Filed on 08.09.2009<br /> Disposed on 19.04.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 19th day of April 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. 89/2009<br /> <br /> Between:<br /> <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. E. Gowramma,<br /> Primary Health Centre,<br /> Vokkalari,<br /> Malur Taluk.<br /> <br /> <br /> 2. The Medical Officer,<br /> Primary Health Centre,<br /> Vokkalari,<br /> Malur Taluk. <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 17.04.2003 while she was working P.H.U, Holur, Kolar Taluk 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 the Administrative Medical Officer, P.H.C, Holur 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. It is made out that for the present OP.1 has been working in Primary Health Centre, Vokkaleri and OP.2 is the present Pay Disbursing Officer. 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, the Administrative Medical Officer, Govt. Hospital, Malur on whom the notice was served appeared and filed his version stating that OP.1 was working at P.H.C Vokkaleri under OP.2 and the papers received by him were sent to OP.2 to taking further action in this matter. However OP.2 did not appear before this Forum. The notice sent to OP.1 was not served for want of correct address. We think OP.1 must have come to know the proceedings. She also remained absent. The complainant filed affidavit in support of the allegations made in the complaint. <br /> <br /> 4. The averments in the complaint may be believed to be true as the OPs remained absent, though they had knowledge of the proceedings and the date of hearing. The undertaking letter dated 17.04.2003 issued by 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.2 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.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 19th day of April 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />