CC Filed on 05.04.2011

         Disposed on 22.10.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.

Dated: 22^nd  day of October 2011

PRESENT:

                        HONORABLE T. RAJASHEKHARAIAH,  President.

  HONORABLE T.NAGARAJA,  Member.

       HONORABLE K.G.SHANTALA,  Member.

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Consumer Complaint No. 110/2011

Between:

ORDER

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 and to credit the same to complainant-society with costs, etc.,

       2.  The material facts of complainant’s 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 28.12.2004 and Rs.10,000/- on 21.02.2008 respectively agreeing to repay the loan and interest in monthly installments 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.3 is present Pay Disbursing Officer as per the departmental instructions.    It is made out that OP.2 or OP.3 did not effect 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.    At the time of passing this order we added OP.3 the B.E.O, K.G.F as necessary party.

            3. The notices were duly served on the Ops.    None of the Ops filed version.     When the case was posted for arguments, OP No.1 filed I.A. No.1 which was dismissed as allowing the I.A. would lead to unnecessary delay.    The case was posted for final disposal on merits.   

            4. OP No.1 filed written arguments praying for dismissal of complaint on the ground that there was no relationship between OP No.1 to the complainant as a ‘Consumer’ and the complainant had no jurisdiction to file the complaint under the provision of C.P.Act.   OP.1 further submitted that OP No.1 being a member of complainant-society, any dispute between them ought to be referred to Registrar of Co-Op. Societies for arbitration. 

            5.  The arguments of OP No.1 are not acceptable as the complainant has filed the complaint seeking deduction of salary of OP No.1 by Salary Drawing Officer and the other Ops are formal parties.   The complainant has filed affidavit in support of his contention.   We heard the arguments. 

            6.  The undertaking letter given by OP.2 states that OP.2 would regularly deduct the installments out of the salary of OP.1.   But the evidence of complainant establishes that OP.2 or OP.3 did not deduct the installments as agreed.    The violation of it amounts to deficiency in service.    Hence we pass the following:

O R D E R

The complaint is allowed.   OP.3 is directed to deduct Rs.2,000/- 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 22^nd day of October 2011.

T. NAGARAJA                        K.G.SHANTALA            T. RAJASHEKHARAIAH  

   MEMBER                                  MEMBER                             PRESIDENT