The BEML Employees Credit Co-operative Society Ltd. filed a consumer case on 09 Nov 2009 against N.Narayana Swamy, in the Kolar Consumer Court. The case no is CC/09/138 and the judgment uploaded on 30 Nov -0001.
Karnataka
Kolar
CC/09/138
The BEML Employees Credit Co-operative Society Ltd. - Complainant(s)
Versus
N.Narayana Swamy, - Opp.Party(s)
09 Nov 2009
ORDER
THE DISTRICT CONSUMAR DISPUTES REDRESSAL FORUM No.419, Ist Floor,. H.N. Gowda Building, M.B.Road, Kolar-563101 consumer case(CC) No. CC/09/138
The BEML Employees Credit Co-operative Society Ltd.
...........Appellant(s)
Vs.
N.Narayana Swamy, Taluk Officer
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
CC Filed on 29.09.2009 Disposed on 21.01.2010 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR. Dated: 21st day of January 2010 PRESENT: Sri. G.V.HEGDE, President. Sri. T.NAGARAJA, Member. Smt. K.G.SHANTALA, Member. --- Consumer Complaint No. 138/2009 Between: BEML Employees Credit Co-operative Society (Regd.), Maharaja Road, Robertsonpet, Kolar Gold Fields. Represented by its: Secretary. .Complainant V/S 1. Sri. N. Narayana Swamy, Revenue Department, Village Accountant, Vemagal, Kolar District. 2. The Tahasildar, Kolar Taluk, 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 28.06.2004 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 notices issued by this Forum, OP.1 appeared in person and admitted the allegations made in the complaint and filed memo stating that at the time of obtaining the loan he was working in Sericulture Department and now he is working in Revenue Department under OP.2 as Pay Disbursing Officer and OP.2 remained absent though served with notice. The complainant filed affidavit in support of the allegations made in the complaint. 4. The averments in the complaint may be believed to be true as OP.1 admitted his liability and agreed to pay Rs.3,000/- per month from his salary and requested to pass order accordingly: O R D E R The complaint is allowed. OP.2 is directed to deduct Rs.3,000/- 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 21st day of January 2010. MEMBER MEMBER PRESIDENT
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