CC Filed on 08.09.2009<br /> Disposed on 13.11.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 13th day of November 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. 82/2009<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 /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. J. Kabila,<br /> General Hospital,<br /> Malur,<br /> Dodda Shivara.<br /> <br /> <br /> 2. The Medical Officer,<br /> General Hospital,<br /> Malur Taluk,<br /> Malur. <br /> <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 her 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 12.09.2006 agreeing to repay the loan and interest in certain installments. Further that OP.1 has been working under OP.2 who is Pay Disbursing Officer and that OP.2 had undertaken by his letter dated 25.08.2006 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. <br /> <br /> 3. In response to the notice issued by this Forum, OP No.1 appeared and she admitted the loan transaction and OP.2 did not appear, but sent a letter to the office of this Forum stating that OP.1 has been transferred to Doddashivara P.H.C of Malur Taluk for the present and requested to contact the Pay Drawing Officer of P.H.C Doddashivara.<br /> <br /> 4. The complainant has produced the copy of undertaking dated 25.08.2006 given by OP.2. This undertaking shows that OP.2 had undertaken to deduct the installments due out of the monthly salary of OP.1 and to credit the same to complainant and further OP.2 had undertaken to intimate the concerned salary disbursing authority to make the deduction in the event of the transfer of OP.1 to other places. The giving of undertaking by OP.2 is not disputed in his letter. Therefore we can believe that such undertaking was given by him. OP.1 consented before this Forum for deduction of installments out of her monthly salary. <br /> <br /> 5. In view of the above facts we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.2 is directed to intimate the present Pay Disbursing Officer where OP.1 is working intimating to deduct the installments becoming due and to credit the same to complainant-society out of the monthly salary payable to OP.1. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 13th day of November 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />