The District Consumer Disputes Redressal Forum District Office Premises, Kolar 563 101. consumer case(CC) No. CC/10/103
BEML Employees Credit Co-operative Society(Regd.)
...........Appellant(s)
Vs.
G.Krishnappa Sericulture Extn.Officer
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 08.07.2010 Disposed on 26.08.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 26th day of August 2010 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 103/2010 Between: BEML Employees Credit Co-operative Society (Regd.), Maharaja Road, Robertsonpet, Kolar Gold Fields. Represented by its: Secretary. .Complainant V/S 1. Sri. G. Krishnappa, Sericulture Extension Officer, Technical Service Centre, Vemgal. 2. The Sericulture Extension Officer, Technical Service Centre, Vemgal. 3. The Deputy Director of Sericulture, Cocoon Market, Kolar. .Opposite Parties ORDERS 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., 2. The material facts of complainants case may be stated as follows: 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 18.06.2003 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 at time of obtaining the loan OP.1 was working under OP.2 who was Pay Disbursing Officer and that OP.2 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 OP.2 failed to deduct the said installments as undertaken 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. 3. In response to the notices issued by this Forum, OP.1 remained absent. It is found that though he had not received the notice sent by this Forum under RPAD, he was aware of the date of hearing and the pendency of proceedings. Subsequent to the notice he paid Rs.10,000/- to complainant on 19.08.2010 and he also gave a letter to complainant that in future he would see that the installments to be paid regularly. Therefore service of notice on OP.1 is taken as sufficient. One T.R. Rajeev an official working under OP.2 was present on behalf of OP.2. He submitted that OP.1 was previously working under OP.2 and for the present OP.1 is working in the office of Cocoon Market, Kolar and the Pay Disbursing Officer is Deputy Director of Sericulture, Cocoon Market, Kolar. The said T.R. Rajeev admitted the issue of undertaking letter dated 18.06.2003 by his Officer for regular deduction of installments and to intimate the subsequent Pay Disbursing Officer to continue the deduction till the clearance of loan in the event of transfer of OP.1. Therefore at the time of passing this Order we impleaded OP.3 as a necessary party. Considering the above facts and circumstances we hold that there is deficiency in service by OP.2 and accordingly we pass the following: O R D E R The complaint is allowed. OP.3 who is the present Pay Disbursing Officer of OP.1 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. Dictated to the Stenographer, corrected and pronounced in open Forum this the 26th day of August 2010. MEMBER MEMBER PRESIDENT
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