CC Filed on 14.09.2010<br /> Disposed on 03.12.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 03rd day of December 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. 178/2010<br /> <br /> Between:<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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. Sri. R.N. Badrinath,<br /> Govt. Kannada Higher Primary School,<br /> Kodiganahalli Village, Kuppam Palaya Post,<br /> Robertsonpet,<br /> K.G.F.<br /> <br /> <br /> 2. The Head Master,<br /> Kodiganahalli Village, Kuppam Palaya Post,<br /> Bangarpet Taluk.<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.50,000/- on 26.05.2004 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. <br /> <br /> 3. In response to the notices issued by this Forum, OP.1 and 2 remained absent though they were served with notices. However the Secretary of complainant-society produced a letter dated 02.11.2010 stating to be the letter written by OP.1 addressed to this Forum consenting for salary deduction. We perused the signature found on the letter at the signatures found on the loan papers. These signatures tally each other. In the said letter OP.1 has requested to deduct Rs.1,000/- per month till the clearance of the loan and he admitted the arrears of loan stated in the complaint. <br /> <br /> 4. The undertaking letter signed by OP.2 states that the monthly installment would be deducted out of the monthly salary payable to OP.1. It may also be noted that OP.1 himself in the capacity of Pay Disbursing Officer has issued the undertaking letter for deduction of salary. In view of the above facts we believe the allegations made in the complaint and hold that there is deficiency in service by OP.2 in not deducting the salary as undertaken. Hence 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 03rd day of December 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />