CC Filed on 08.09.2009<br /> Disposed on 22.01.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 22nd day of January 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. 78/2009<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 /> V/S<br /> <br /> <br /> 1. Sri. S. Raja,<br /> Assistant Master,<br /> H.A.L. East Primary & Girls High School,<br /> Nam Joshi Road, <br /> H.A.L Central Township,<br /> Marthahalli Post,<br /> Bangalore.<br /> <br /> (By Advocate Sri. Sundar Rama Reddy & others)<br /> <br /> <br /> 2. The Head Mistress/Pay Disbursing Officer,<br /> H.A.L. East Primary & Girls High School,<br /> Nam Joshi Road, <br /> H.A.L Central Township,<br /> Marthahalli Post,<br /> Bangalore. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <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 28.01.2003 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 for the present under OP.2 who is Pay Disbursing Officer and that previously OP.1 was working in Nundydroog Mine Tamil, Higher Primary School, Hendry’s Colony, Oorgaumpet Post, K.G.F and the previous Pay Disbursing 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 in the event of transfer of OP.1, he would intimate the subsequent Pay Disbursing Officer to deduct the installments. It is alleged 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 appeared through an Advocate, but subsequently did not file any version. OP.2 remained absent though served with notice. The complainant filed affidavit in support of the allegations made in the complaint. <br /> <br /> 4. The averments in the complaint may be believed to be true as OP.1 and 2 have not filed any version. The undertaking dated 28.01.2003 given by the concerned previous Pay Disbursing Officer states that he would regularly deduct the installments out of the salary of OP.1 and he would intimate the subsequent Pay Disbursing Officer to deduct the same in the event of the transfer of OP.1. Therefore OP.2 the present Pay Disbursing Officer was required to deduct the installments as undertaken by the previous Pay Disbursing Officer. But OP.2 did not deduct the installments as required. The violation of it amounts to deficiency in service. Hence we pass the following:<br /> O R D E R<br /> <br /> The complaint is allowed. OP.2 is directed to deduct Rs.1,400/- 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 /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 22nd day of January 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />