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. 76/2009<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 /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. Thulasiyamma,<br /> Govt. English Model Higher Primary School,<br /> BEML Nagar,<br /> K.G.F.<br /> <br /> <br /> 2. The Head Master, <br /> Govt. English Model Higher Primary School,<br /> BEML Nagar,<br /> K.G.F.<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 17.03.2003 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 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 appeared in person and told that she paid Rs.10,000/- on 10.10.2009 subsequent to filing of this case and the said payment is admitted by complainant. She filed her version admitting to deduct Rs.1,400/- from her salary. OP.2 sent a letter dated 01.10.2009 stating that he is not the Pay Disbursing Officer for the present and that power is now given to Assistant Cluster Educational Officer, Government Pre-University College for Boys Robertsonpet, K.G.F and requested to intimate the said Pay Disbursing Officer to deduct the installments from the salary of OP.1. The complainant filed affidavit in support of the allegations made in the complaint and admitted that for the present OP.2 is not the Pay Disbursing Officer and that power is now vested in Assistant Cluster Educational Officer, Government Pre-University College for Boys Robertsonpet, K.G.F. <br /> <br /> 4. The averments in the complaint may be believed to be true as OP.1 and 2 have admitted the material part of the case of complainant. The undertaking given by OP.2 states that OP.2 would regularly deduct the installments out of the salary of OP.1. Whenever there is change of Pay Disbursing Officer there was no reason to stop deduction. But the deduction was not made as required. The violation of it amounts to deficiency in service. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. The Assistant Cluster Educational Officer, Government Pre-University College for Boys Robertsonpet, K.G.F. 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 /> The copy of the order shall be sent to The Assistant Cluster Educational Officer, Government Pre-University College for Boys Robertsonpet, K.G.F for information and compliance <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 />