CC Filed on 11.05.2010<br /> Disposed on 02.11.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 02nd day of November 2010<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. 65/2010<br /> <br /> Between:<br /> <br /> <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 /> V/S<br /> <br /> <br /> 1. P. Shantha Kumari,<br /> ESI, Krishnarajapuram,<br /> Near Mahanagara Pallika Office,<br /> K.R. Puram,<br /> Bangalore.<br /> <br /> (By Advocate Sri. Krishnappa. V.K. & others)<br /> <br /> <br /> 2. The Administrative Medical Officer,<br /> ESI Dispensary,<br /> Andersonpet,<br /> K.G.F.<br /> <br /> <br /> 3. The Administrative Medical Officer,<br /> ESI, Krishnarajapuram, <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> Near Mahanagara Pallika Office,<br /> K.R. Puram,<br /> Bangalore. <br /> <br /> ….Opposite Parties<br /> <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.3 to effect prompt deduction of the loan installments as undertaken by OP.2 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 31.12.2002 while he was working under OP.2 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 was working under OP.2, who was Pay Disbursing Officer and that the said officer 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 he failed to deduct the said installments as undertaken and to remit to complainant-society and that he had also undertaken to instruct the subsequent Pay Disbursing Officer to effect the deduction in the event of the transfer of OP.1 to any other place. It is made out that for the present OP.1 has been working under OP.3, who is the present Pay Disbursing Officer. It is made out that OP.2 or OP.3 has not effected deduction of installments and 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. The response to the notices issued by this Forum OP.1 appeared and submitted that for the present she is working under OP.3 and her daughter’s marriage is fixed in February 2011 and thereafter she would regularly pay the installments to complainant-society from March 2011 and an order for deduction of Rs.1,400/- per month may be passed. <br /> <br /> 4. In view of the consent given by OP.1 we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. OP.3 is directed to deduct Rs.1,400/- per month from March 2011 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 02nd day of November 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />