Karnataka

Kolar

CC/175/2010

BEML Employees Credit Co-operative Society (Regd.) - Complainant(s)

Versus

K.S Chinnappa - Opp.Party(s)

27 Sep 2010

ORDER


The District Consumer Disputes Redressal Forum
District Office Premises, Kolar 563 101.
consumer case(CC) No. CC/175/2010

BEML Employees Credit Co-operative Society (Regd.)
...........Appellant(s)

Vs.

K.S Chinnappa
The Superintendent
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

CC Filed on 14.09.2010 Disposed on 28.10.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 28th day of October 2010 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 175/2010 Between: BEML Employees Credit Co-operative Society (Regd.), Maharaja Road, Robertsonpet, Kolar Gold Fields. Represented by its: Secretary. ….Complainant V/S 1. Sri. K.S. Chinnappa, APC 94, Superintendent of Police, Kolar District. 2. The Superintendent, S.P. Office, Kolar District. ….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 complainant’s 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 19.03.2004 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 has been working under OP.2 who is 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 notice issued to OP.2, he appeared and filed version stating that from October 2010 Rs.2,000/- per month would be deducted from the salary of OP No.1 and it would be credited to complainant-society. Further it is stated that for the present OP.1 is working in DAR Kolar and OP.2 himself is the Pay Disbursing Officer of OP No.1. Notice issued to OP.1 returned unserved stating that he was not available during delivery time. 4. In view of the statement of OP.2 one can believe the averments made in the complaint. Hence we pass the following: O R D E R The complaint is allowed. OP.2 is directed to deduct Rs.2,000/- 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 28th day of October 2010. MEMBER MEMBER PRESIDENT