CC Filed on 09.08.2010<br /> Disposed on 12.11.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 12th 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. 155/2010<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 /> V/S<br /> <br /> <br /> 1. Smt. Penchalamma,<br /> SNR Hospital,<br /> Kolar.<br /> Now working at <br /> Primary Health Centre,<br /> Huldena Halli, <br /> Malur Taluk,<br /> Kolar District.<br /> <br /> <br /> 2. The Secretary,<br /> SNR Hospital,<br /> Kolar.<br /> <br /> <br /> 3. The Administrative Medical Officer,<br /> Primary Health Centre,<br /> Huldena Halli, <br /> Malur Taluk,<br /> Kolar District. <br /> <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 /> <br /> <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.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 25.08.2003 while she 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 notice issued by this Forum was served on OP.2 and he appeared and filed version. In the version OP.2 stated that in June 2008 OP.1 transferred to the office of OP.3 and the installments were deducted as undertaken till OP.1 worked in the office of OP.2 and now by letter dated 07.10.2008 OP.3 was informed to deduct the installments as earlier. <br /> <br /> Notice issued to the earlier address of OP.1 was returned unserved as OP.1 was not found working in that address. In view of the version filed by OP.2 it was thought that fresh notice on OP.1 was unnecessary and OP.3 is also impleaded as a party at the time of passing the order. The complainant filed affidavit in support of averments made in the complaint. <br /> <br /> 4. In view of the version filed by OP.2 that the deduction was being made till OP.1 worked in the office of OP.2, we believed the truth of the allegations made in the complaint. The facts as a whole disclosed deficiency in service as OP.3 has not effected deduction out of the salary of OP.1 as undertaken by OP.2. Hence 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 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 12th day of November 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />