CC Filed on 06.11.2009<br /> Disposed on 16.12.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 16th day of December 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. 170/2009<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. Mohammed Rafi,<br /> Govt. Juvenile Home,<br /> Maskam, Andersonpet,<br /> K.G.F.<br /> <br /> <br /> 2. The Superintendent,<br /> Govt. Juvenile Home,<br /> Maskam, Andersonpet,<br /> K.G.F.<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 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.20,000/- on 24.11.2006 agreeing to repay the loan and interest in 36 monthly installments of Rs.800/-. 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 14.11.2006 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 and 2 appeared and OP.1 admitted the loan transaction and OP.2 filed his version that the undertaking given by the then Superintendent of OP.2 by name one Venkatesh had not kept any document disclosing that such undertaking was given to complainant and that the said Venkatesh has been suspended from service and transferred on 01.03.2007 from the post of Superintendent of OP.2. Therefore the present Superintendent stated that there is no deficiency in service on his part. However OP.1 submitted before the Forum that his salary may be deducted at the rate of Rs.1,000/- per month and may be remitted to complainant-society.<br /> <br /> 4. In view of the consent given by OP.1 and the fact that the predecessor of present Superintendent had given undertaking for deduction, we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.2 is directed to deduct Rs.1,000/- 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. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 16th day of December 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />