CC Filed on 12.07.2010<br /> Disposed on 25.08.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 25th day of August 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. 118/2010<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. Sri. V. Krishnappa, <br /> AH&VS Department Veterinary,<br /> Mudivadi Post, <br /> Vanarasi,<br /> Kolar.<br /> <br /> <br /> 2. The Veterinary Officer,<br /> Veterinary Dispensary,<br /> Vanarasi,<br /> Kolar District. <br /> <br /> <br /> 3. The Assistant Director,<br /> Veterinary Department, <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> Veterinary Hospital,<br /> Kolar.<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 23.06.2004 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 for the present under OP.2 who is the present Pay Disbursing Officer and previously at the time of obtaining the loan OP.1 was working under Assistant Director, AH&VS Department, Kolar who 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. 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 also engaged Sri. R.R. on his behalf and admitted his liability and stated that he is ready to pay Rs.2,000/- per month out of his monthly salary and an order may be passed to that effect. OP.2 remained absent though served with notice. OP.1 admitted that he is working under OP.2. <br /> <br /> 4. The averments in the complaint may be believed to be true as OP.1 <br /> admitted those allegations. The undertaking letter dated 18.06.2004 given by the then employer of OP.1 states that he would regularly deduct the installments out of the salary of OP.1. But the evidence of complainant establishes that the present employer OP.2 did not deduct the installments as agreed. 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. OP.2 is directed to deduct Rs.2,000/- (rupees two thousand only) 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 25th day of August 2010.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />